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• consultants have redesigned the plans to keep more of the soil on site; experts will be on site during the grading process; and the allowable subdivision development for this property would have more of a negative impact than the proposed cut of 27 feet for a single residence. Councilmember Finn noted that he was in favor of this project adding that a subdivision on the site with the possibility of 6 new homes with 6 basements would be much more disruptive than a single home. Mayor Pro Tem Cheng commented that she is not opposed to the size of the home requested by this application but could not support the project because of the amount of grading required. Councilmember O'Malley expressed his concern that the approval of this magnitude of grading would set a precedent for future applications and could not vote in favor of the project. Mayor Fenwick referred to a review checklist that had assisted him in analyzing this application. He noted that the project did not require a variance; it is not in violation of the Town's codes; the quantity of fill is within the guidelines used by the Town, grading criteria is a policy not an ordinance; and the visibility of the house is only 3 feet higher than the hill. The alternatives to the approval of this application, a subdivision with multiple building sites and the construction of roads and driveways, could be much more detrimental. The Mayor added that he had visited the site and felt the proposed residence was a far superior alternative to any other options. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed by the following roll call vote to uphold the Planning Commission's approval for a site development • permit for a new residence, and pool with the modification of the Conditions of Approval to include the most recent grading and soils plans. AYES: Mayor Fenwick and Councilmembers Casey andFinn NOES: Councilmember O'Malley and Mayor Pro Tem Cheng ABSENT: None ABSTAIN None 12. CLOSED SESSION: REAL ESTATE NEGOTIATIONS: CONFERENCE WITH REAL PROPERTY NEGOTIATOR: PURSUANT TO GOVERNMENT CODE SECTION 54956.8: Properly: 26375 Fremont Road: Negotiators: Maureen Cassingham,City Manager and Steve Mattas,Ci1y Attomgy: Under negotiation: Lease This item was continued to a future meeting 13. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 9:04 p.m. Re pectfully submitted, wren J st City erk The minutes of the December 5, 2002 Regular City Council Meeting were approved at • the November 21, 2002 Regular City Council Meeting. November 21, 2002 11 Regular City Council Meeting