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78 <br /> <br /> There being no further testimony, Mr. Mercer declared the <br /> public hearing closed. <br /> <br /> It was moved by Mr. Tarver, and seconded by Ms. Mohr, that <br /> Ordinance No. 1580 be introduced, to be read by title only and <br /> waiving further reading thereof, approving PUD-86-18-3M, an <br /> application for a major modification to an approved planned unit <br /> development to modify the conditions of approval to allow <br /> freestanding restaurants serving alcoholic beverages after 10:00 <br /> p.m. (classified as a "bar") as conditional uses in the Santa Rita <br /> Square commercial center located at 3150, 3160, 3170, and 3180 <br /> Santa Rita Road. <br /> <br /> The roll call vote was as follows: <br /> AYES: Councilmembers Mohr, Scribner, Tarver and Mayor Mercer <br /> NOES: None <br /> ABSENT: Councilmember Butler <br /> ABSTAIN: None <br /> <br /> Item 6b <br /> .AP-92-15/PUD-79-02-8M, Twelve Oaks <br /> ADDeal by City Council of approval of the application of Richard <br /> Karn for a minor modification to the approved Planned Unit <br /> Development for Twelve Oaks, located at Twelve Oaks Drive, to allow <br /> ._the formation of exclusive easements within the open space area for <br /> ..the construction of miscellaneous accessory structures and other <br /> improvements by individual lot owners. Zoninq for the property is <br /> PUD (Planned Unit Development) Low Density Residential <br /> District/Hillside Planned Development. (SR92:398) <br /> <br /> Mr. Mercer declared the public hearing open on the <br /> application. <br /> <br /> Frank Capilla, #9 Twelve Oaks Drive, represented the property <br /> owners association and specifically the applicant, Dick Karn. Mr. <br /> Capilla described the nature of the exclusive easements and the <br /> strict controls of the CC&Rs with regard to the type of structures <br /> allowed. Mr. Karn bought his property in 1988 and applied for a <br /> permit to build a pool which encroached into the exclusive <br /> easement. Mr. Capilla asked Council to approve the application. <br /> <br /> Peter MacDonald, 400 Main Street, also represented the Twelve <br /> Oaks Homeowners Association. Mr. MacDonald indicated the <br /> Association supported the proposed minor modification. He <br /> commended the City for its balanced approach to this situation. <br /> The minor modification deals with the interest of the owners and <br /> the interests of persons living on Dorothea and Gloria Court, who <br /> would be affected by Twelve Oaks, and deals with the community. He <br /> was in favor of the design guidelines because they clearly set <br /> forth'what is allowed in the area. They were also satisfied with <br /> <br /> 10/6/92 4 <br /> <br /> <br />