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5. Adopt a resolution recommending approval of PUD-42 subject to the drag conditions o£ approval and any additional conditions o£ approval as determined by the Commission. Commissioner Fox believed that any action with respect to deleting the sidewalk should go to the Parks and Recreation Commission. In response to an inquiry by Commissioner Fox whether this sidewalk appeared on the trails map, Mr. Pavan replied that this sidewalk did not meet any of the criteria for inclusion on the trails map. In response to an inquiry by Commissioner Fox regarding the presence of a trail or a sidewalk on a private road, Ms. Nerland replied that the private road would not need to be converted to a public road. She added that the public easement has been dedicated to the City on both side o£ the Bozorgzad and Bach-Lamb properties, which is true o£ other sidewalks and easements throughout the City; it would not affect the public street nature of the vehicular road. In response to an inquiry by Commissioner Fox regarding the ability of the police to patrol a private pathway going through public land, Ms. Nerland replied that part of the review process for an application includes a review by the Staff Review Board, which includes a representative of the Police Department. She added that the Police representative is involved in projects on a regular basis and would have familiarity with such issues. In response to an inquiry by Commissioner Fox regarding the grade change, Mr. Pavan replied that this item was looked at by Jeff Bretzing, the City's Senior Code Enforcement Officer and a sergeant with the Police Department. He noted that planning safety with respect to police enforcement and monitoring issues is an important component in the review process. He added that the stairs can be seen from San Carlos Way, and the rest o£ the pathway may be seen from the end o£ Sycamore Terrace. He added that a discussion had taken place with Jim Wolf, the City's Parks and Community Services Director, with respect to similar situations; to the best of Mr- Wolfs knowledge, there had been no complaints or concerns received about nefarious activity near the sports Pai'k- Commissioner Fox expressed concern about multiple police calls with respect to the elevated stairs near Mission Park, which was not visible from the street. She believed this should be examined in detail. In response to an inquiry by Commissioner Blank regarding the sidewalk, Mr. Pavan confirmed that the surface of the sidewalk would be hush with the surface of the private street- PLANNING COMMISSION MINUTES February 9, 2005 Page 1 1 of 22