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<br />Mr. Iserson noted that a condition has been added that the number of 36" box trees that the <br />individual home owner is required to plant has been increased from three to six trees. This <br />would address the immediate site. <br /> <br />Chairman Mahern asked if RTC (as successor to Lincoln National Savings and Loan) had a <br />specific reason for failing to renew the letter of credit in favor of the City which secured the <br />completion of the public improvements or whether it was just a sign of the economy. Mr. <br />Iserson said his understanding was that RTC originally approved the letter of credit, but then <br />changed their mind in June. It appeared to be a sign of the economy and RTC's allover the <br />u.s. <br /> <br />Commissioner McGuirk discussed Option 5 of the staff report (page 5) with Mr. Iserson. <br />Specifically, could the PUD Design Guidelines be modified for the entire development? Mr. <br />Iserson felt such an option was not particularly feasible at this time. If the PUD criteria <br />were changed at this point to affect the design of the houses in the entire development, such <br />as in reduction of height, FAR, color, roofing, materials, and grading, the buyers of these <br />lots who may have intended a house size/design to fit the original restrictions would be <br />penalized. There are other legal considerations, as well, such as the Vesting Tentative Map <br />in effect for the development. <br /> <br />Commissioner McGuirk expressed concern about those people who have not yet started the <br />permit process and felt it would be difficult to assess the impact on this group of buyers. <br /> <br />THE PUBLIC HEARING WAS OPENED. <br />Ted Fairfield of Pleasanton, Civil Engineer, represented the application. He stated that he <br />has been involved in the project since the beginning processes. He felt even though the <br />project has some problems, it is still a great project and is hoping it will be able to move <br />forward quickly. Except for the problems between Lincoln Savings and RTC, the project <br />would not be stuck where it is now. He noted the purpose of the hearing tonight has to do <br />with a PUD modification and explained why it is essential. There is an attempt being made <br />to get together a new financial workout plan (which is nearing fruition), all of which is <br />subject to a number of things, one of which is bankruptcy court approval for a Chapter 11. <br />This approval hinges upon a PUD modification and without it they can go no farther in <br />correcting the problem. <br /> <br />Mr. Fairfield continued to say that the reforestation plan is nearly complete at this time. <br />About five of the 20 lots being discussed are in escrow; five others have been sold. Mr. <br />Fairfield advised that the staff report is candid and fair and the developer is in agreement <br />with all the conditions. If given the ability to go ahead by the bankruptcy judge, the priority <br />of work would almost have to be primarily resolving the matter of erosion control questions <br />that the City Engineer has, planting of trees in the middle bench or reforestation, and during <br />that process trenching must be done for utility lines. After that is complete the street trees <br /> <br />Minutes Planning Commission September 25, 1991 <br /> <br />Page 4 <br /> <br />,. <br /> <br />. <br />