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Mr. Brozosky noted that agricultural mitigation fees for the Livermore Agricultural Land Trust <br />must be paid at subdivision map recordation, and he did not see that condition. He noted that <br />part of land at the top is less than 25 percent and fees will have to be paid. Additionally, the Low <br />Density Residential portion at the bottom is also less than 25 percent and fees will also have to <br />be paid for that. <br />He noted that Condition No. 38 regarding construction hours stated that the Planning Director <br />can allow additional construction times beyond the 8:00 a.m.-to-5:00 p.m., Monday through <br />Friday, time period. He requested that that condition be stricken and not allow the Planning <br />Director to do that. He noted that the same issue was brought forth for the water tank and the <br />Reznick project, and they agreed then not to place that condition. He noted that page 45 of the <br />Specific Plan states that "open space easements are required at the final subdivision snap" and <br />inquired whether that was listed as a condition. Mr. Otto stated that he did not believe that was a <br />condition. Mr. Brozosky stated that was a requirement of the Specific Plan and should be <br />included. He expressed concern about the eight-foot-tall fence around the property and <br />suggested that asix-foot-tall fence would be more appropriate. He was very concerned about <br />precedents for this style of home and if allowed, should allow the same for other Hillside <br />Residential homes. He noted that this would throw out all planning in the Specific Plan with the <br />11 more residential lots that have yet to be developed and the other seven homes that have been <br />submitted but not yet built. He did not believe the Commission could make the findings in the <br />Specific Plan. He stated that Hillside Residential is rural and not for an estate home. <br />Mr. Pico noted that the issue of the water in the well was not an issue of whether the applicants <br />had the ability to spend the money to dig a new well; he noted that this process has lasted for so <br />many years that the applicants have become tired of throwing money out without knowing <br />whether they could get a return. He noted that the Sariches intended to dig a new well and did <br />not have any desire to share a well with a neighbor; however, they were not willing to give up <br />their rights to the well at this time until they have found another appropriate source of water. He <br />believed the Sariches did not intend to leave an eyesore and would be happy to start planting the <br />vineyards if they were able to use City water. He noted that the vineyards would be temporary <br />until they decide to develop the six lots, which will not occur for a long time. He added that the <br />Sariches have no intent to take water from the Roberts and that they had shown respect to the <br />neighbors by not renting out the house or filling up the pool. He strongly disagreed with any <br />attempt to portray them as being less than good neighbors. <br />Mr. Pico noted that the Vineyard Corridor site was intended to represent an Italian rural vineyard <br />area and that the houses in the flat area were clustered to look like a small village in flats with <br />vineyards around them. Very few Hillside Residential lots with a minimum of one-acre lots <br />were created, and people would not purchase one-acre lots and put a 1,200 or 2,400-square-foot <br />home in it. Mr. Reznick's development has up to 9,000-square-foot homes in at least two of his <br />lots. What would be visible of this estate house is about 9,000 square feet. He noted that this is <br />a good design and anItalian-style home that fits the site and which the applicants did everything <br />to mitigate. He added that this is not a significant modification to the entire Vineyard Corridor <br />hillside and encouraged the Commission to take action and not delay the project any further. <br />EXCERPTS: PLANNING COMMISSION MINUTES, November 14, 2007 Page 14 of 19 <br />