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with Saturday construction allowed if nearby residents are unlikely to be impacted by construction noise or activities. Since there are existing residences directly adjacent to the project site, staff is recommending that Saturday construction not be allowed. Staff is recommending a condition that would allow the Director of Community Development to approve earlier construction "start times" or later "stop times" only for specific construction activities (e.g., concrete pouring) if it can be demonstrated to the satisfaction of the Director of Community Development that the expanded construction hours are necessary (e.g., the concrete foundations need to be poured earlier in the morning due to weather conditions). Construction equipment would be required to meet Department of Motor Vehicles (DMV) noise standards and be equipped with muffling devices. Green Building The applicant has submitted a Green Building checklist that incorporates a number of green building measures into each new residence. The PMC requires a minimum of 50 total points and the applicant is proposing a minimum of 75 points. The State's Green Building Standards Code (CALGreen) will also apply to the proposed development and is similar to the green building measures that the City's Green Building Ordinance currently requires. Development Agreement A development agreement is a commitment between the City and a property owner or developer to proceed with a specific development in accordance with the terms of an agreement that describes what land use and related processes shall apply to the application. A development agreement locks in the laws in existence at the time of entering into the agreement and the City agrees not to change its planning or zoning laws applicable to the specific development project for a specified period of time. Therefore, future land use decisions regarding such a development project will not be based on the current planning and zoning law, but rather will be based on the laws that were in existence at the time the development agreement was executed. The developer gains certainty, through the development agreement, of the continuity of regulations that were in force at the time of entering into the development agreement and prior to a commitment of a substantial investment for project improvements. In exchange, the City gets certain benefits and concessions that it might not be able to require through conditions of approval. In this case, primary benefits would be improvements to Valley Trails Park, as identified in the Parks and Recreation Master Plan, as well as a freestanding public restroom in Valley Trails Park at a location to be determined through a separate process conducted by the City or, should the community or the City not support a public restroom, a contribution of $300,000 to the City for additional improvements to Valley Trails Park, beyond those already being proposed by Ponderosa. The development agreement also requires Ponderosa to enter into a use agreement for the private clubhouse. As set forth in Section 4.3 of the development agreement, use of the clubhouse will be granted to the residents within the proposed development and those residents living in the Valley Trails residential neighborhood as identified in the Land Use Element of the City's General Plan. The use agreement shall include, but not be limited to, the following provisions: e Valley Trails residents would be allowed to use the clubhouse at no charge for meetings a total of 12 times a year, but no more than once monthly for a period of up to 3 hours per meeting. P16-1386, P17-0155, PUD-113, & TRACT 8259; 6900 Valley Trails Drive Planning Commission 25 of 32