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119 The =oll call vote was as follows: AYES: Councilmembers Butler, Mohr, Scribner, and Tarver NOES: None ABSENT: None ABSTAIN: Mayor Mercer PUD-89-~7, Oak Tree Farm/Currin Construction ~Dlioation for approval of a development plan to permit the Co~StrUction of 61 sinqle-family custom homes, in addition to the eXistinq home, on an approximately 91 acre site located on the west Side of Foothill Road, south of Castlewood Country Club, at 8015 Foothill Road. Zoninq for the property is PUD (Planned Unit Development) - Rural Density and Low Density Residential District (SR92:106) Mr. Mercer declared the public hearing open on the application. Jack Smith, 23320 Foothill Boulevard, Suite 620, Hayward, reviewed the history of the planning and approval process of this project. One of the main considerations of the project was the location of the units on the property. The City asked the developers to move the housing from the hill towards the flatter land; they did so. The developers have submitted several plans to the City. The main problem with creating the lots has been the overlay district. He agreed that the City had allowed some flexibility of a few ordinances for the project. Because of the configuration of the lots, the setback is of significance. He asked the Council to consider setting the minimum setback on Foothill Road be 100 feet, the average setback be 120 feet and that the view corridors be set at 120 feet. He explained that under the plan that went before the Planning Commission and Design Review Board, the developers they had asked for 63 lots (61 new lots, i existing homesite and one open space lot). The applicant asked for approval of the 54 lots that the Planning Commission had recommended because Mr. Currin needs to get to growth management and time is running out. The developer does not feel that a homeowners association should have been required because perspective buyers will be reluctant to buy those lots if they knew that the 40 acre parcel could be a liability to their association. Mr. Smith suggested that the Currin's continue to own and continue the horse operation on that 40 acre parcel. The applicant asked that Council approve the 54 lots and allow the applicant the latitude on the frontage with regard to the overlay district and requested that they not be required to have a homeowners association. Ms. Scribner asked Mr. Smith to point out where the 54 units were located on a map. 3/3/92 17