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Commissioner O'Connor inquired what was considered to bean impact, given that this was quite a distance away. Ms. Seto replied that the report discusses in detail a number of physical areas a species would have to cross in orderto getto this site. She noted that this would be the reason why it is unlikely they would travel that far to be at this site. She added that this site does not have the type of water features open space areas have, as opposed to other stock ponds in various areas where water stays and where these kinds of animals are more successful. She noted that because the area goes dry during the summer months, it does not make it conducive as being a habitat for the species, and this is why the biologist determined there would be no impact with the development. Commissioner O'Connor noted that on page 11 of the staff report, there is a discussion regarding the City's preference for the establishment of a Homeowners Association (HOA) as opposed to the developer's preference for a Maintenance Association. He inquired what was done at the Serenity Terrace subdivision. Ms. Soo replied that an HOA was approved for the Serenity Terrace development. Ms. Seto added that in this situation, staff suggests that Parcel A be of common ownership which would require an HOA. Commissioner Blank stated that anotherdistinction is that an HOA can officially represent a group of homeowners whereas a Maintenance Association cannot. Ms. Seto further noted that there were different issues associated with an HOA, such as the California Department of Real Estate requires certain expenses be prefunded so they do not end up with a situation where maintenance is needed but no funds are available. Commissioner O'Connor inquired what the primary difference is between setting up a maintenance association as opposed to private ownership. Ms. Seto replied that there are situations on Sycamore Road where there have been land dedicated to the City but the homeowners, through a maintenance association, pay to have the various landscaping, streetlights, etc. maintained. Commissioner Blank inquired where in the conditions the requirement for an HOA was located. Chair Pearce pointed out that it was in Condition No. 11. Ms. Seto noted that the CC&R's must create the HOA. Commissioner O'Connor noted that Condition No. 14 talks about phasing and inquired why phasing for a small subdivision of five units would be required. He further inquired if the applicantwas proposing to phase the project. Chair Pearce indicated that this was a question for the applicant. Chair Pearce noted that the road is 28 feet wide, which allows for parking on one side. She inquired which part of the road is anticipated for parking. Ms. Soo replied that parking would be on the opposite side of the houses. In response to Chair PLANNING COMMISSION MINUTES, January 14, 2009 Page 9 of 35