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have to be somebody who was really committed to renovating that house at that location in that neighborhood. Ms. Hardy stated that she would like to think that Ponderosa's project and the construction of the new homes would give some degree of confidence to somebody who might be interested in purchasing that house on that lot, given the new development that surrounds it as opposed to the old mobile home that is there now. She noted that there are commercial properties to the west, residential to the east, and commercial across the street. She added that she thinks they are moving in the right direction and that they could work with the property owner to do that shout -out to somebody who might be interested in it. She reiterated that Ponderosa exhaustively evaluated that, spent some money to do that exhaustive review, and came to this conclusion that it would be better that the property owner retain the house on that lot and Ponderosa take the hit in the reduction and scale back of the project from 14 to 12 homes as a result of retaining the house. Ms. Hardy then addressed the following conditions of approval: • Condition No 3: Reconsider allowing pools provided they meet the accessory standards. • Condition No. 8: Clarification on the wording, which is a little unusual. In offering the dedication of the trail easement closest to the creek, Ponderosa will be preparing some instruments for the purveyance of that easement; however, the homeowners association is not going to be responsible for the maintenance or construction of that easement. • Condition No. 14: Flexibility on the condition to have raised mullions on the windows. Ponderosa understands where staff is coming from to provide additional relief on the windows, but they evaluated the STC ratings of the windows which are very thick, and they are very costly to do. A buyer buying a new home is different from a buyer buying an old home, there is a maintenance factor in this. Buyers do not want the maintenance of the raised wood mullion, as they are difficult to clean. Ponderosa is really opposed to that and would like to work with staff on that to see if the same objective could be achieved but not in that way. • Several conditions regarding Green Building and Title 24 conditions throughout the entire document: It is unclear, but the way it is written leads to the belief that Ponderosa needs to be 25 percent in addition to the new 2014 Code. For clarity purposes, Ponderosas will comply with the Title 24 2014 Energy Code. • Condition No. 31: The requirement to make a $30,000 payment towards the Bernal Park Fund. Ponderosa is not opposed to making that payment but wants to state for the record that it is voluntarily agreeing to that as a condition of approval and that it should be considered as a public amenity. There is no nexus requirement to require that cash payment as a result of the impacts of this project. • The gate and public walkway use was already addressed earlier: Ponderosa is opposed to the pedestrian walkway because it is not necessary, and it presents a safety and security element for their buyers. If required, it should be gated and PLANNING COMMISSION MINUTES, July 10, 2013 Page 14 of 21