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Planning Commission Minutes DRAFT February 21, 2008 Page 2 subject to a road maintenance agreement. Town staff and the City Attorney have examined the road maintenance agreement with regard to the road widening requirement and concluded that, m the permitting authority, the Town can require a private road to be widened for a major development project. Further, a precedent was set in 1995, when as a condition of approval for a new residence; Vinedo Lane was widened to 20 feet at a location further up the street. The project meets the Town's subdivision ordinance requirements. A recommendation from Planning Commission to the City Council is requested on the tentative map, initial study, mitigation monitoring program and the mitigated negative declaration. Commissioner Clow asked if the cypress trees along Vinedo Lane would be removed if the pathway was constructed in the proposed location. Brian Froelich replied that the cypress trees would remain and the path meander around them if the Commission upheld the Committee's recommendation. Commissioner Harpootlian asked if the replacement ratio of two to one for the heritage oaks was sufficient. Debbie Pedro, Planning Director, replied yes, as the oak trees used for the two to one replacement will be 36" box oaks. Chairman Carey asked if removal of the trees should wait until the home development plans for the three homes are submitted. Brian Froelich replied that the oak trees needed to be removed for ingress/egress purposes. Chairman Carey requested clarification on the pathway location and the reason it is not adjacent to the road. Brian Froelich explained that the Pathways Committee had asked for a ten foot easement along the property boundary. The pathway is required to be 5 feet wide and was proposed to be located away from the street to preserve the cypress trees. OPENED PUBLIC HEARING Issac Agam, Applicant, stated that the subdivision complies with the Town's requirements. Sewers will be installed instead of septic systems. The trees to be removed will be replaced and the remaining trees will be trimmed. The property has the legal right to access Vinedo Lane. He thought the addition of the traffic created by three new families on Vinedo Lane would not have a significant impact. He felt that the driveway entrance on Vinedo Lane would be safer than the current driveway entrance on Elena Road. He preferred the pathway next to the road. John Trayer, Vinedo Lane Road Association President, stated that Vinedo Lane is a private road maintained by the members. He felt that the concept of something being added to the road without input by the homeowners when their Road Association would be taking care of it is not correct. He had concerns over where the road would be widened.