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CITY COUNCIL MINUTES - September 3, 1980 E. SPECIAL ORDERS: 2.a) LANDS OF BELLUCCI, File TM #2104-79 -- continued: Condition 1.G.1 amended to read: "Over the open space conservation easement of Condition 1.B.; specific pathways are to be designated within this region within a three (3) year time period, at which time the portions of the right of way not needed for the specific pathways will be abandoned. The owner shall provide, prior to the filing of the final map, an agreement binding himself and successors and interests to provide the path easement within 3 years of the recordation of the final map." Condition 1. G. 3. amended to read: "A ten foot (10') easement paralleling Moody Foal between Adobe Creek and Mio)dy Road in a location approved by the City Engineer." Condition 6.A. amended to read: "A Type IIB Path shall be installed within the ten foot (10') easement across Lots 1 and 2 or negotiated pati in -lieu fees and an easement to be granted on Parcel 3 and a dedication across entire properties including Parcels APN 351-03-010 and APN 182-24-004." Condition 7.A. Mn nded to read: "All fencing and related structures within the mad right of way and path easement shall be moved to the edge of the mar] right of way." Condition 9.A. amended to read: "Prior to filing of the Final Map, the stucco house, as shown on Tentative Map date stamped September 3, 1980, shall either be relocated as indicated on the Tentative Map or removed from Parcel 1; or a Cordi- tional Use Permit for a secondary dwelling shall be obtained through the Tann." nYTION SECONDED AND CARRIED: Moved by Hillestad, seconded by Nystrom and passed by all members present to approve the Tentative Map, LANDS OF BELLUCCI, File TM #2104-79, subject to conditions as recommended by the Planning Commission and as amended by Council b) Appeal of Planning Commission approval of Site Development permit for tennis court/pool/spa, File A #4775, 12169 Padre Court. Councilman Pmft appealed the Planning Caanission's approval of this matter because he felt it was net in conformance with the Town's General Plan and the tennis court policy. Planning Commissioner Carice stated that the Cssnnission had approved it with mitigating measures, i.e., the landscape plan mitigated the excessive fill. Peter Shaw, landscape architect, addressed the Council on behalf of the applicants. MOTION SEOONDED AMID FAILED: Moved by Nystrom, seconded by Hillestad and failed by the following roll call vote to uphold the action of the Planning Commission in approving LANDS OF LEE, A #4775. AYES: Mayor Nystrom and Councilwoman Hillestad NOES: Councilmen McReynolds and Proft ABSENT: Councilman Perkins Comci]manbers agreed that this item would be continued at the September 17, 1980 Council meeting. CS