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construction. She noted that it did not seem likely that this site would be subject to that restriction in that it is the last lot of the development, and the existing homes in the development are uphill from this particular site. Ms. Decker noted that staff would be happy to delineate the design review approval process with Mr. Szeto individually. She noted that whether the property were to be sold or not was outside the purview of the Planning Commission and noted that if the project were to be approved, it would run with the land until activated. Any new purchaser would be able to build this particular house under this design review. Mr. Lysons thanked Mr. Szeto for his comments and noted that with respect to the Beth Grimm letter, they had agreed to drop the house by four feet and to move it over by 15 feet. He noted that the 15 feet was reflected in Item 1 of his letter. He noted that they had not heard anything from the homeowners association regarding the footprint and would have gladly given additional information had they been asked. THE PUBLIC HEARING WAS CLOSED. In response to an inquiry by Chairperson Fox regarding whether slope instability would result from the removal of the pylons from the illegally constructed foundation, Ms. Decker noted that she would defer to the recommendations outlined in the geotechnical report. Commissioner Blank moved to approve PDR-599, subject to the conditions of approval outlined in Exhibit B, as recommended by staff, with the following modifications: 1. Add a new condition reflecting the recommendation of the geotechnical peer review report dated March 1, 2007 that the site’s location within an ancient landslide area be recorded on the deed. 2.Add a new condition that outlines the terms surrounding the “hold harmless” agreement. 3.Add a new condition that a modern telecommunications infrastructure be supplied to each room location, e.g., 100Base-T with a separate junction box or coax cable with separate junction boxes. 4.Add a new condition that pull strings be added for photovoltaic roof panel systems. 5. Add a new condition that the final colors of the building shall be subject to the review and approval of the Planning Director. 6. Add a new condition that the house shall be constructed with nonreflective glass. 5.Add the standard condition regarding the one-year design review permit expiration period. PLANNING COMMISSION MINUTES May 23, 2007 Page 14 of 20