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2. The project would establish an assessment district responsible for funding the <br />maintenance. <br />3. The project sponsor would fund a traffic mitigation fund to install a traffic signal <br />at Kottinger Drive and Bernal Avenue and to mitigate measures within the <br />Kottinger Ranch neighborhood. <br />4. The City would agree not to enforce eminent domain in the future to extend the <br />road any further. <br />5. There would be restrictions on hours and use of the open space area. <br />6. Hours of construction would be enforced, and fines levied for violations. <br />Mr. Regan supported the open space and believed it would be positive for the residents. <br />Russell Schmidt, 18 Grey Eagle Court, noted that he wished to comment on the Oak <br />Grove project and that he represented the majority of the homeowners on the street <br />regarding the connection between his street and Oak Grove. He was adamantly opposed <br />to this connection for three reasons: <br />1. Unsuitability of the street as an evacuation route for Oak Grove. The street is <br />very narrow and would not enable rapid evacuation during a wildfire. The road <br />was designed to evacuate only the homes on the street, and he believed it would <br />be irresponsible and reckless to increase that number. <br />2. Grey Eagle Court has no sidewalks, and all non-vehicular traffic is being directed <br />onto the street. He noted that would create an unsafe and congested condition on <br />their street. He noted that Grey Eagle Court is a private street and public access <br />would create a major liability exposure for the property owners. <br />Grey Eagle Court is a privately owned street, and the Oak Grove developers <br />would unduly benefit from the improvements paid for by the neighborhood. He <br />noted that the developer declined to attend a recent Homeowners Association <br />meeting, and he was surprised that the City would allow this project to go forward <br />with this deficiency. <br />Mr. Schmidt noted that he and his neighbors were so adamantly opposed to the use of <br />their road that they were prepared to stop it by a number of means, including the <br />possibility of legal action. <br />Lee Fulton, 3407 Brandy Court, noted that he wished to comment on the Oak Grove <br />project and agreed that this park would be a wonderful addition to the City. He expressed <br />concern that some of the visual elements of the project had been grossly misrepresented <br />with respect to the square footage of the houses. He noted that the size of the houses <br />were recommended to be 8,000 square feet; however, it also allowed 800-square-foot <br />garages and 2,000-square-foot accessory structures that could be rented out with different <br />addresses. He noted that this would allow a total of 102 residential units, which would <br />increase the number of people, traffic congestion, and impact on the schools. He was <br />concerned about the visual impact on the ridgelines. He noted that while the photos were <br />reprinted on 11x17 paper, the photos were not that size, which did not add to the clarity <br />and accurate reproduction of the views. <br />EXCERPTS: PLANNING COMMISSION MINUTES, March 28, 2007 Page 4 of 6 <br />