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BACKGROUND The City Council approved the final design guidelines for the homes to be located in the Mariposa Ranch subdivision (PUD- 98 -16) on April 19, 2005. The site development standards for the subdivision require homes with a front entry garage to have a minimum 10 -foot side yard setback and a minimum 25 -foot combined side yard setback. A minimum 25 -foot minimum building -to- building separation is also required. DISCUSSION The proposed modification consists of decreasing the right (south) side yard setback to five feet, resulting in a combined yard setback of 18 feet to accommodate a custom home while observing the required building -to- building separation of 25 feet with the home constructed on the adjacent lot to the north. On August 18, 2006, Roger and Jane Manning applied for design review (PDR -565) of a custom home on Lot 14 in the Mariposa Ranch subdivision. Lot 14 is situated between Lot 13 on the north, Clubhouse Drive on the west, and open space areas on the south and east. The house, as initially proposed, did not meet the minimum 25 -foot building - to- building separation with the custom home constructed on Lot 13 (5250 Clubhouse Drive). The home on Lot 13 was constructed with a 12 -foot right (south) side yard setback, thereby requiring the home on lot 14 to have a minimum 13 -foot left (north) side yard setback. At the suggestion of staff, the Mannings resubmitted their plans to shift their home towards the south side of their lot. In this manner, the proposed home meets the 25 -foot building -to- building separation with the neighboring house on the adjacent lot, and the reduced side yard is adjacent to the open space area, thus creating no impact to surrounding homes. The City has approved numerous variances and PUD modifications to reduce a building setback that is adjacent to an open space or recreation area. Because the reduced side yard setback of the subject property is next to the development's open space, the visual impact to residents of neighboring lots and the public will be minimal. PUBLIC NOTIFICATION /COMMENT Staff sent notices of the proposed development plan modification to all property owners, tenants and residents located within 1,000 feet of the subject property on February 9, 2007. As of the writing of this report, staff has received no public comment. ENVIRONMENTAL ASSESSMENT Environmental review for the proposed project was undertaken with the Final Environmental Impact Report (EIR) approved by the City Council for the Happy Valley Specific Plan in conformance with the standards of the California Environmental Quality Act (CEQA). There are no substantial changes to the project or to the circumstances under which the project is being undertaken that involve new significant environmental effects or that substantially increase the severity of previously identified effects. No further environmental assessment is therefore required. Page 2 of 3