PC 03/11/1998 - Laserfiche WebLink

at this time since Greenbriar's finance plan has not yet been completed. He would hate to see somebody purchase those lots and then find out that the fees will actually be more than anticipated. Other than those concerns, he is in support of the application. Gwen Locke, 982 Sycamore Road, stated the her deeded access road is part of her property and it runs through the Frost property. She wanted to make it clear that that portion of her road is not part of the sellable lot and she wants that to be indicated on the map. In addition, she does not want the trail to be located on her private road, noting that she and the Richeys are responsible for all maintenance costs of the road. Mr. Iserson pointed out that it's anon-exclusive easement, and the City has the right to relocate the trail. Ms. Locke disagreed and reported that her deed states that only the property owners have access to the road. She also expressed concern that she could personally be held liable for injuries that somebody received while on that portion of the trail. Ms. Seto stated that the City is immune for injuries on public trails and as long as the Lockes or the Richeys do not have anything on the property that could cause injury, they would not be held liable. Upon further discussion, Ms. Seto stated that the City would indemnify and take responsibility for any injuries as long as the Lockes or Richeys did not contribute to the injuries. Mr. Higdon noted that the City also has a responsibility to maintain that road. Al Spotorno, Spotorno Ranch, stated that he is in support of the application, but does not want the trail to be relocated. In fact, he wants it deleted from the Happy Valley Specific Plan. He feels that allowing the trail in an agricultural district creates public safety concerns for both the agriculture involved and to the animals. He also stated that Wayne Rasmussen told him that the trail would be deleted from the plan. If the trail was relocated as proposed, it would only lead to the private residences and into the agricultural land. Lila Bringhurst, 152 Anza Street, Fremont, stated that she is the pending buyer of the Frost property. She noted that the asking price for the property was so high because it was for three parcels and she would be able to record three lots. She stated that if she does not get the three lots the deal will most likely fall through. She feels that the infrastructure fees should be paid at the time she applies for building permits. She fully understands there will be delays in developing the property and that the infrastructure is dependent on two different developers. With regard to Condition 10, she confirmed that she would like to be allowed to make some trades with New Cities Developers so that the City is just dealing with one party. In addition, she noted that New Cities is interested in such a deal since they will be able to get more land for one of their properties. In response to a question by Commissioner Wright, Ms. Bringhurst stated that she would like to be able to record all three lots because she does not want to have to attend another hearing when the time comes to subdivide the one parcel. Mr. Iserson noted that the minor subdivision will be done at the administrative level. Planning Commission Page 8 Mazch 11, 1998