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188 <br /> <br /> towards the problem areas. The development will not exacerbate <br /> existing water problems. (3) There are no plans to build <br /> Mediterranean homes in the area. What is envisioned is a <br /> California contemporary ranch, using flat fire-resistant tile roof <br /> that appear like shakes. (4) Lot 49C will not be graded. It will <br /> have a one-story custom home at street elevation, with 1½ or two <br /> stories at the rear. This will be subject to the approval of the <br /> Design Review Board. <br /> <br /> Mr. Pereira continued that there will be no mass grading on <br /> the project, with only 3,038 cubic yards per acre, as opposed to <br /> Ventana Hills' 4,717 cubic yards per acre and Kottinger Ranch's <br /> 6,280 cubic yards per acre. He added that the viewshed would be <br /> preserved and that the open spaces should be maintained by the City <br /> through a landscaping and lighting maintenance district. If the <br /> open spaces will be made accessible to the public, they should be <br /> incorporated in the City parks system and maintained by the City, <br /> since it would not be fair to have the homeowners association <br /> maintain open spaces that would be subject to heavy public use. <br /> <br /> Mr. Tarver asked Mr. Pereira to respond to the concept of <br /> approving the project without canceling the Williamson Act <br /> Contract. <br /> <br /> Mr. Pereira stated that the Williamson Act Contract could be <br /> retained for the 60% open space and canceled for the remaining 40% <br /> to be developed. He pointed out, however, that the Williamson Act <br /> Contract requires a minimum of 100 acres to qualify, which the <br /> Bonde Ranch no longer has, after the City canceled the Williamson <br /> Act Contract for the portion that is now the extension of Bernal <br /> Avenue. <br /> <br /> Mr. Mercer commented that there were a number of residents <br /> that expressed concern that the project be developed as proposed in <br /> the revised plan, should the project be approved, whether by <br /> Shapell Industries or by another developer the project may be sold <br /> to. He inquired if the City could enter into a Development <br /> Agreement with Shapell Industries to restrict the development to <br /> whatever Conditions of Approval are approved for the project and to <br /> prevent a future Council from amending the plan. <br /> <br /> Mr. Roush said yes. He stated that Shapell Industries or any <br /> other developer would be bound by the Conditions of Approval for as <br /> long as the PUD exists in the form that it was approved. <br /> <br /> Mr. Mercer asked Mr. Pereira if he would be willing to enter <br /> into a Development Agreement with the City that would restrict the <br /> development to what is approved at this meeting. <br /> <br /> - 12 - <br /> 5-21-91 <br /> <br /> <br />