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<br />EXHIBIT E <br /> <br />DRAFT <br /> <br />PUD-99-7-3M1PDR-578, Heartwood Communities <br />Application for: (1) a major modification to the approved PUD development plan for <br />Tract 7162 (formerly TTK Properties) to incorporate design guidelines for the Heartwood <br />Communities development and to modify the design review and approval process; and <br />(2) design review approval to construct an approximately 7,128-square-foot two-story <br />home with an approximately 1,668-square-foot garage and a 1,088-square-foot basement <br />on Lot 8. The property is located on the south side of Happy Valley Road at its junction <br />with Alisal Street, within the Happy Valley Specific Plan Area. Zoning for the property is <br />PUD-SRDR, GC, & OS (Planned Unit Development - Semi-Rural Density Residential, <br />Municipal Golf Course, and Open Space) District. <br /> <br />Ms. Decker presented the staff report and described the background, layout, and scope of this <br />project. <br /> <br />Commissioner Blank noted that he would not support a project without automatic fire sprinklers <br />and inquired whether each similar project must be checked to ensure it had sprinklers. <br />Ms. Decker confirmed that was true and noted that this was an opportunity to request that be <br />made part of the standard conditions to be checked by staff. <br /> <br />Commissioner Olson noted that he had seen a house in that area that appeared to be purple and <br />inquired whether there was any process to prevent that from happening in this development. <br /> <br />Acting Chairperson Fox noted that particular custom house was denied by the Planning <br />Commission several years ago by a vote of 4-1, which was then appealed to the City Council <br />with staffs recommendation to change the colors. The City Council approved the appeal by a <br />vote of 5-0. <br /> <br />Ms. Decker noted that the design guidelines provided a color palette, and if a house were to be <br />painted contrary to those guidelines, it would be a code enforcement issue. <br /> <br />In response to an inquiry by Commissioner O'Connor regarding whether it was staffs <br />recommendation to change the proposed development guidelines back from the proposed 30-foot <br />front and rear yard setbacks to the Specific Plan 35-foot front and rear yard setbacks, Ms. Decker <br />replied that the City is reluctant to process Specific Plan amendments in general. She noted that <br />these documents are typically written whereby the decision-makers, staff, and the applicants are <br />provided with the flexibility of interpretation. In this particular case where the Specific Plan <br />defines the setbacks, there appeared to be less flexibility. The City typically uses the PUD <br />modification process to vary setbacks or other variances from the PUD development standards, <br />The applicant is requesting consideration to modify the design guidelines as a part of the <br />proposed action to allow the reduced front and rear yard setbacks to 30 feet. <br /> <br />Commissioner O'Connor suggested that if the setbacks were to remain at 35 feet to be consistent <br />with the Specific Plan, and if a specific lot had difficulty and needed a variance, that may be the <br />best procedure, rather than setting setbacks differently from what is required in the Specific Plan. <br /> <br />DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, October 18,2006 <br /> <br />Page 1 of6 <br />