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subdivision as shown. The Commission's vote on the overall project was unanimous <br /> with a 3-0 vote with two Planning Commissioners absent. Hopper noted that the <br /> Commisison had voted on specific issues relative to the project prior to the final vote for <br /> the Tentative Map. The vote on the open space easement recommendation was 2-1-2 <br /> with Commissioner Harpootlian casting the negative vote(Collins and Cottrell - absent). <br /> Council discussed the project with staff. <br /> Councilmember Kerr explain his view of a subdivision project was different than the <br /> development of a single home noting that there were certain profits to be realized from <br /> the venture. He questioned if the applicant had been required to dedicate any park land, <br /> public space or recreation amenities. Hopper responded that the applicant would be <br /> required to contribute to the Parks and Recreation in lieu fund with a fee assessed per <br /> parcel. City Manager Cahill added that the donation of land was not typically required <br /> for a subdivision of this size. If required, the parcel size would have been 5,000 square <br /> feet which was not compatible to the proposed neighborhood. Kerr commented that he <br /> believed the oaks on the property were of value and would provide an ideal area for a <br /> park. <br /> Mayor Pro Tem Mordo requested clarification on the open space easement surrounding <br /> the oaks on the Tentative Map that was being considered by Council. Planning Director <br /> Pedro responded that it was the standard 25 foot easement requirement. The heritage <br /> oaks on the property were protected by the Town's Heritage Oak Tree Ordinance and any <br /> proposed development on the trees driplines would require an arborist report to evaluate <br /> the proposal and ensure that the trees would not be damaged. <br /> Councilmember Warshawsky questioned the responsibility of the Town regarding the <br /> public road that would serve the property. Staff explained that the Town would be <br /> responsible for the maintenance of the road and had the right to name the public road. <br /> Councilmember O'Malley requested that the bridge on the site that was currently under <br /> construction be properly inspected. He did not want a reoccurrence of problems that the <br /> Town had incurred on a previous bridge project. O'Malley commented that he supported <br /> the protection of the heritage oaks but questioned if there was any way to compensate the <br /> developer for the proposed increased easement, noting that they were located in a <br /> predominately flat area not on steep slopes. <br /> City Manager Cahill commented that one concern that had been expressed on the broader <br /> easement was that a tree was a living thing with a limited life span and if it died naturally <br /> the land was encumbered with the easement that ran in perpetuity. Cahill added that <br /> under the open space statue, the easement could be conditioned that if the trees died, the <br /> easement could be lifted. <br /> OPENED PUBLIC HEARING <br /> Planning Commissioner Ray Collins spoke to the vote of the Planning Commission and <br /> their recommendations on the project. She offered that she joined the meeting after the <br /> discussion of the item and had not voted. Collins would have voted no on the easement as <br /> 6 City Council Regular Meeting Minutes <br /> September 13,2007 <br />