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Commissioner Blank inquired whether there was language in the conditions of approval to <br />memorialize the Sariches' commitment not to use the well water for the vineyards. Ms. Decker <br />confirmed that was included in the conditions of approval. <br />Commissioner Blank inquired if Condition No. 38 regarding construction activities could be <br />modified to state that no construction shall be allowed on federal or State holidays. He requested <br />clarification regarding the situations under which the Planning Director would allow an earlier <br />start time. Ms. Decker noted that the intent was not to allow earlier start tunes under every <br />circumstance. She pointed out that the hottest months of summer often are a good time for <br />contractors to work an earlier schedule. Neighbors are notified, and if the neighbors did not <br />agree, the contractors would not be allowed to start earlier. <br />Chairperson Fox inquired if that provision could be deleted to disallow changes as it would take <br />years to build the house. <br />Ms. Decker noted that the provision gives the flexibility to modify the condition, if it could be <br />demonstrated to the satisfaction of the Planning Director that construction and construction noise <br />would not affect nearby residents.. If the language were deleted, there would be no opportunity <br />to modify the hours. <br />Commissioner Blank requested that language be added that residents can decline the request to <br />start before 8:00 a.m. Ms. Decker replied that additional language would be provided. <br />Chairperson Fox did not believe this project was appropriate for the hillside, particularly with <br />respect to the size of the house, and the design is not appropriate as well. <br />Commissioner Pearce agreed with Chairperson Fox's statement. <br />Commissioner Blank noted that he was impressed with the photomontage and the use of the <br />50-mm. lens. <br />Mr. Otto wished to address Mr. Brozosky's concerns regarding the Livermore Agricultural <br />Mitigation Fee not being included in the conditions of approval. He noted that Condition No. 17 <br />states that "the applicant shall pay all applicable fees." Commissioner Blanlc requested that the <br />specific fees be listed in the condition so it would not be overlooked. Mr. Otto noted the request. <br />Mr. Otto recalled Mr. Brozosky's statement that the open space easements were required in the <br />open space areas of the property. He would suggest a condition stating: "The applicant shall <br />create all applicable easements required by the Specific Plan." <br />Commissioner O'Connor did not see much change in the total square footage from a year ago, <br />minus the basement square footage. He did not have a problem with the size of the home, and he <br />agreed with Commissioner Pearce's assessment of the appropriateness of this home on this site. <br />He also did not like to see the top of the knoll removed and would like to see it located on the <br />lower shelf. <br />EXCERPTS: PLANNING COMMISSION MINUTES, November 14, 2007 Page 18 of 19 <br />