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is part of the Spotomo Agricultural Remainder Parcel and is not available for trail dedication. It is also <br />completely incompatible with the agricultural operation on the property. He also noted that the Parks <br />and Recreation Commission recommended that Trail No. 7 be deleted since they supported Mr. <br />Spotorno's position. He further stated that since the Spotomo property is impacted by five of the other <br />trail segments, the land along Trail No. 7 is not for sale at any price. <br />Mr. MacDonald advised the Commission that in order to make the agricultural portion of the property <br />viable, the family would like to build a home on the north slope. Mr. Rasmussen noted that the Specific <br />Plan does not allow any housing on the north slope or in the open space areas. Mr. MacDonald stated <br />that the Spotornos want the right to build a family compound on that slope and that it could be designed <br />to be hidden. <br />Mr. MacDonald also stated that he and the Spotornos do not believe there are any red-legged frogs in the <br />area and they oppose any permits that would be allowed for animals that aze simply not there. <br />With regazd to the General Plan going from two-acre to 1.5 acre densities, it was his and Mr. Spotorno's <br />understanding that that related to creating a view corridor through the Spotomo Flat Area that would <br />create an open space preservation. He said that it would require a conservation easement and that is not <br />consistent with Mr. Spotorno's understanding, nor is he willing to create a permanent conservation <br />easement. In support of this contention, he cited Civil Section Code 913. <br />In conclusion, Mr. MacDonald stated that before annexation could take place, the citizens would have to <br />vote on it. He, therefore, believes it is very important to be respectful to all property owners. <br />Donald O'Dell, Hallgrimson, McNichols & McCann, L.L.P., 5000 Hopyard Road, stated that his law <br />firm represents the Castlewood Country Club. He noted that every year there is damage to the Club <br />property caused by water runoff, especially the 17th and 18th fairways. He stated that although the Plan <br />addresses the need for mitigation, there is not adequate mitigation as to how the release of the water will <br />take place or how it will affect downstream neighbors. <br />Roger Smith, 6344 Alisal Street, congratulated staff for their efforts thus faz in the process. He stated <br />that he will submit a detailed document expressing his views to City staff before the next meeting. He <br />stated that he supports Mr. Spotorno's request that no trails go through Minnie Road. He also supports <br />Mr. Spotorno's request for a family compound on the north side of the hill. He feels that should be <br />allowed under the Plan in light of what Mr. Spotomo is doing to allow development. He feels that the <br />home could be built in a way that it would not be visible from the Happy Valley loop. <br />Mr. Smith further related that nobody he has talked to has ever seen ared-legged frog in the valley. He <br />stated that there aze many bull frogs, who do not allow red-legged frogs to exist in the same area. <br />Mr. Smith stated that he has concerns with traffic issues, density issues, and water and sewer issues, <br />which will be more specifically defined in his letter. However, he stated that the chaos that will be <br />created by construction traffic on narrow roads is unacceptable. He suggested that the bypass road and <br />the east/west collector road be constructed first in order to accommodate constmction vehicles. He is <br />strongly opposed to any construction traffic whatsoever on the Happy Valley loop. <br />With regard to land use, he stated that the 2 acre zoning issue is very important and that it was hotly <br />debated in the General Plan process. He noted that the General Plan represents a compromise after a lot <br />of hazd work and negotiations. He stated that since everybody has already agreed to it, it would not be <br />Planning Commission Page 14 April 22, 1998 <br />