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Planning Commission Minutes DRAFT April 8, 2004 Page 3 OPENED PUBLIC HEARING Scott Riches, President of Pinewood School, for clarification, noted the staff report indicates a possible increase in the use of the field. He did not expect any increase usage. Also, as far as the pathway being necessary to access the field, right now there is an access gate there. At a last City Council meeting in the fall, Pinewood was authorized to keep their gates locked for security reasons. Even though the pathway is there, there is no access through the gates to get to the fields. As far as the lease question, it is a 20 year lease. After the first nine years of the 20 year lease both the School District and Pinewood come together to re-negotiate the rent. If they can agree on the rent, the lease continues to run. He felt the license would be good for the term of the lease. He complimented staff for a great staff report summary as to what has happened. They have tried to cooperate with the Town, understanding the Town's need for the pathway. Their only alternative was to propose a Lease Agreement. Sandy Humphries, 26238 Fremont Road, stated using the Astroturf field in the winter would constitute an increase in use. Currently, they cannot use the existing field in the winter (rainy season). Nancy Ewald, 26131 Altadena Drive, resident and Pathway Committee member, encouraged the Planning Commission to support this path to remain open. It is her favorite path and there are so many people who have used it over the years. She asked if there was any type of setback from the creek and does the property of the School District go all the way to the middle of the creek Staff stating the property line goes approximately to the center of the creek. CLOSED PUBLIC HEARING Commissioner Vitu voiced support for the project noting Pinewood has done everything they can do and the pathway will continue to stay open with the License Agreement arrangement. This will benefit Pinewood School as well as the Town. Commissioner Cottrell concurred. He felt Pinewood School was an asset in Los Altos Hills and the License Agreement is a good compromise. Commissioners Kerns, Mordo and Clow also concurred. David Warner, Assistant City Attorney, suggested adding wording to condition #10, The applicants shall "provide and maintain in place for the life of this permit" a License Agreement... MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by Commissioner Vitu to approve the applicant's request to amend the Site Development Permit and adopt the License Agreement, Pinewood Private School, 26800 Fremont Road, with a change to condition #10, The applicants shall "provide and maintain in place for the life of this permit" a License Agreement... AYES: Chairman Clow, Commissioners Mordo, Vitu, Cottrell &Kerns NOES: None This approval is subject to a 23 day appeal period.