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Sherryl Dennis stated that she has seen a lot of land with Agriculture zoning get changed to housing over the years. She voiced concern with the fact that Agriculture can be changed and inquired if there was any other way to protect it. She noted that when the Mohr elementary school was built, there were no sidewalks, and the trail provided the off-street access from the neighborhood to the school. She indicated that the trail must remain and requested that it be protected. THE PUBLIC HEARING WAS CLOSED. Commissioner Fox inquired how easy it would be to re-zone an Agriculture district in order to build homes. Ms. Decker replied that as Ms. Harryman had earlier explained, the language in the License Agreement is to maintain the property as parks and recreation lands and to be solely maintained by the City. She noted that she was not an attorney but that she believed this language establishes that no other structures could be built on the property, and that if the property is within the City's incorporated area, a property owner would not be allowed to build something without the City's involvement with the License Agreement and the planning process. Chair Blank inquired what harm might result from zoning the property P instead of A. Ms. Decker replied that the difficulty with a P zoning is that Zone 7 would be required to process a conditional use permit for the trails and open space use, and the City would be adopting apre-zone that is non-conforming to the current use. She added that it is unlikely that Zone 7 would process this, and there is no opportunity for the City to enforce that request. Chair Blank requested clarification that the property cannot be pre-zoned P and have a conditional use permit approved to pre-zone it for that use as the owner would be required to process that use permit. Ms. Decker confirmed that the owner would have to file the use permit to establish the use of the trail; without the use permit, the area would have anon-conforming use. Commissioner Fox inquired if the Council would be considering the License Agreement. Ms. Harryman replied that the City Manager has the authority to execute the Agreement but that she was not certain whether or not the City Manager had determined to bring it before the Council for consideration. Commissioner Fox inquired why the City Council would not have to review the Agreement and stated that she believed a public hearing should be held. Ms. Harryman replied that there is no reason for the Council to see the License Agreement, but it would be the Council's decision to pre-zone the area and the Local Agency Formation Council (LAFCo) to annex. PLANNING COMMISSION MINUTES, July 23, 2008 Page 17 of 25