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.k roll Planning Commission Minutes June 6 , 1985 Page 6 Irrigation District and has done everything he could to meet requirements. He referred to a recorded deed restriction. He said this property has exceptional percolation. He said he could put some restriction in the deed to make sure that property owners do not change their ponds; and if they do, there would be some legal remedy. OPPONENTS: Larry Texeira, Siesta Court, said that virtually no one maintains the ponds. He pointed out the existing orchard and asked if there had been provision for maintenance of those trees. He said he had a problem with irrigation water draining onto his property. He further said that his main objection was to item #5 (Fornasero) . Mr. Texeira pointed out that the Ordinance allows one horse on each parcel and this would have a detrimental effect on the drainage ponds; he did not believe the ponds would be maintained; and was in favor of a community pond; further, he has a pond on his property and he has had problems . REBUTTAL: Mr. Olmstead said he could not address the concern over the irrigation water. He did say that there would be no cloven-hoofed animals in the subdivision. Mr. Thanas expressed concern over individual ponds. He said there have not been very many successful subdivisions with ponds. The streets are higher than the lots; there is only one way for the water to go, an it ends up on the lots. He noted that the strength of requirements of homeowners associations is based on the way it is governed; and that homeowners associations are governed by the people that live in the association area. Mr. Olmstead said that this would not be a homeowners asso- ciation; he also said the County is part of the C.C. & R' s. Mrs. Affonso said she did not think the County was the enforcing agency. Mr. Olmstead commented that Board Order 76-4201 gives the developer the option of individual ponds. Mrs. Affonso responded that the Commission had the option of requiring community ponds. MOTION: Comm. Arnaudo made a motion to require individual ponds for the homesites. This motion died for lack of a second. Comm. Gillispie asked for clarification as to whether the Board Order gave the Commission the option to require community ponds. Mrs. Affonso said that the Board Order could be read that way; that the Commission could give the developer the option or the Commission could consider other options. MOTION: Moved, seconded (Gillispie-Jungeblut ) and carried by a unanimous roll call vote to revise Condition #3 .g. to read as follows;