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ATTACHMENT 5 PUD-60, Christopher Andrews/Darrell Scherbarth Application for Planned Unit Development to demolish an existing 2,125-square-foot home and to subdivide the parcel into three lots to construct three custom homes. The property is located at 2500 Vineyard Avenue, within the Vineyard Avenue Corridor Specific Plan Area, and is zoned PUD-LDR/OS (Planned Unit Development -Low llensity Residential/ Open Space) llistrict. Commissioner O'Connor disclosed that Darrell Scherbarth was his neighbor and that he was acquainted with him. Commissioner Blank wished to bring attention to Condition No. 27, which addressed disclosures and deed restrictions, and noted that this was discussed in detail at the workshop. Staff had been working towards providing accountability with traffic engineering studies and other work product from the joint group. rIe noted that several speakers at the workshop stated that some items were not disclosed to them by the developer. He read the following language: "Disclosure statement shall be provided to prospective purchasers and tenants by lot owners, developers, and future successors in the interest of providing full disclosure of potential for future mining operations...." He noted that it was common for developers to develop a piece of property ender a shell company which would do the development, then would go bankrupt, after which another company held by the same group would continue the next phase of the development. Ile inquired who would be responsible if a future developer did not make the possible restrictions. Ms. Harryman noted that if a document has been recorded, the developer would be on notice. She noted that sellers and their real estate agents should disclose any items that would be disturbing to the purchaser. Commissioner Blank noted that he would be more comfortable with lv~guage reading, "A clause which states ...shall be provided." He noted that a disclosure statement was separate from a clause as part of the recordation and deed, which would be very difficult for someone not to provide. Ms. Harryman noted that Condition No. 27 read: "Prior to recordation of the parcel map, a deed restriction shall be recorded on all lots covered by this approval and shall include the following:...." She noted that the "buyer beware" language would follow, inchiding future mining operations within the Specific Plan area, noise, odor, etc. She understood this condition to mean that the developer at the time, prior to recordation of the parcel map, must record something against the property that identified the disclosures. Commissioner Blank inquired whether with this condition, staff held that it would be impossible for someone to buy the land or the house without having signed that they have seen the deed restriction. Ms. Harryman concurred with that statement. Ms. Decker noted that the deed restriction must include all the items in the. recorded document so that any buyer of the lots would be informed. Commissioner Blank inquired whether a condition could be added stating that the developer shall provide proof of the same to the Planning Director. Ms. Harryman stated that the City received the recorded copies. EXCERPTS: PLANNING COMMISSION MEE"PING MINUTES, February 14, 2007 Page I of 2