PC 061307 - Laserfiche WebLink

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 developer to improve it. Therefore, staff believed the EIR could be certified because there is an existing easement and access point to the north property boundary of the project. In the context of looking at Mr. Roberts’ proposed house, the City had an agreement with him that if a location agreeable to both Mr. Roberts and the Fire Department is available to relocate the easement, the City would relocate the easement by mutual agreement. In the absence of that, from the City’s perspective, there is an easement for emergency purposes to the site which would meet the requirements. In response to an inquiry by Commissioner O’Connor regarding whether the grade of the easement going past the water tank met the Fire Code, Ms. Decker noted that staff, including the Fire Chief and Fire Marshall, examined the site but that detailed construction and design plans for the roadway had not been done. A portion of the road PLANNING COMMISSION MINUTES June 13, 2007 Page 9 of 29