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suggested that Council direct Town Staff to include the appropriate Town Committees in the review process as outlined in the Municipal Code with special consideration of the • Mitigated Negative Declaration. Planning Director Pedro advised Council that the engineering and planning staff were working with the applicant. The Final Map has not been submitted to the Town for review. Pedro noted that if there was an amendment to the Tentative Map, the map would return to the Planning Commission and City Council for approval. The process included review by the relevant Town Committees. PUBLIC HEARINGS 7. Mitigated Negative Declaration and Tentative Map for a Two-Lot Subdivision: Lands of Homa Natoma, LLC; APN: 182-20-012. (File#218-08-IS-ND-TM-GD) Planning Director Debbie Pedro introduced Consultant Planner Cynthia Richardson to present the project staff report. Richardson proceeded with a PowerPoint Presentation that included an aerial vicinity map of the two lot subdivision; site photos; topographical site plans with the slope, acreage and LUF, MDA, MFA calculations for each parcel; site plan with the proposed Open Space Easement on parcel 2 and location of the heritage oaks to be removed; and, the tentative building circles for each parcel. Removed trees would be replaced with new oak trees at a ratio of 2:1. The two parcels would be accessed via a new dedicated road "Palomino Place". Richardson noted that no Pathway easement on the site had been requested; a pathway-in-lieu fee would be requested. iThe Planning Commission had reviewed the project at their January 15, 2009 meeting and determined the project to be consistent with the General Plan, Subdivision Ordinance and Zoning Regulations. The Commission had voted 5-0 to recommend approval of the proposed subdivision. Council Discussion: Council discussion ensued. Council requested clarification on the Pathway requirement. The project had been reviewed by the Pathways Committee and it had been determined that no off-road pathway easement had been identified on the Master Path Map for the site. Additionally, an alternate connector was available and shown on the Map. Pedro displayed the Master Path Map to assist Council in their deliberation. City Attorney Steve Mattas advised Council that during consideration of a subdivision, they were required to apply the laws that exist at the time of the review. If the Master Map Plan and policy determination did not reflect a pathway through the area, a pathway easement could not be imposed as an ad hoc condition of approval. Mattas suggested that if the Council were to amend the Master Path Map prior to submittal of a site development application for the subdivision's parcels, there would be a legal basis to require the pathway easement. OPENED PUBLIC HEARING • Anna Brunzell, Pathways Committee member, noted that she had visited the site and believed that a pathway would be a valuable connector. Brunzell explained that the 4 City Council Regular Meeting Minutes February 12,2009