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place. Mr. Pavan displayed the map and described the phasing plan, pointing out the first phase that may be built first. Mr. Roush noted that the condition was written with respect to the fire condition and that the seven lots could be developed without having the fire access and the new water tank in place. He added that would be examined separately from the issue with respect to the sale of the fifth lot for the staging area. He noted that those conditions may be modified to bring them into harmony with the rest of the project. Commissioner Pearce noted that on page 7 as well as Condition 58.c. discussed the public access easement within the Grey Eagle Estates subdivision being used as an ingress-only road for safety for the vehicles. She requested clarification about an entrance-only Emergency Vehicle Access (EVA). Mr. Roush noted that in discussions with the Grey Eagle Homeowners Association (HOA) representatives, the representatives expressed concern that if the EVA through the Grey Eagle Estates property were to be used in an emergency situation by either residents of Oak Grove or trail users, any serious accidents or injuries in the street may leave them open to liability and litigation because their lots go to the center of the street. In order to address that concern, staff suggested that with respect to the CC&Rs and disclosure statements, those persons be informed that the route through Grey Eagle Estates would not be an egress for them in case of an emergency. He noted that fire trucks, ambulances, police may use Grey Eagle Estates to reach an emergency site, but the residents would have to leave through Hearst Drive, which the Fire Department would say was the normal way to get in as well as to exit. People may also leave through the fire road, which connects to the existing water tank at Kottinger Ranch. Commissioner Pearce noted that cars were parked on both sides of the road in Grey Eagle Estates, making it difficult for her car to get through. She requested further information on conditioning a private road to not allow parking on that road so a fire truck may use it. Mr. Roush noted that the current CC&Rs for Grey Eagle Estates indicate that there should not be any parking on the street and that they were private restrictions among the property owners. As far as he knew, they were not PUD conditions imposed by the City when the project was approved in the 1980s. It was his opinion that parking on the street in such a manner may pose a danger to the existing residents as well as any visitors and that this issue had come up in the discussions with the Grey Eagle Estates HOA in relation to emergency access to the Oak Grove development. He noted that the residents may need to discuss this issue at their HOA meeting and enforce the CC&Rs to prevent obstruction of emergency vehicles. He noted that if discussions with the HOA were not successful and the parked cars posed difficulty to the fire vehicles, the City may need to take action to ensure that the emergency access was more readily available to the Grey Eagle Estates homes as well. Commissioner Pearce noted that page 40 of the staff report indicated that the final location of the easement of the Roberts property had not yet been determined inquired how a Final EIR could be certified if the easement location was not known. Mr. Roush noted that the City currently had an easement for access over the Roberts property. The City could construct an EVA and complete the improvements or require the Oak Grove EXCERPTS: PLANNING COMMISSION MINUTES, June 13, 2007 Page 2 of 19