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The Planning Commission has attempted to address the dispute through modification of Condition No. 23 (see pages 6-7 of this report). The Planning Commission granted approval on February 27, 2008. This condition may also be satisfied by a separate agreement singed by the Chrismans and the Brozoskys. PLANNING COMMISSION RECOMMENDATION The Planning Commission first reviewed the application and the design guidelines on July 11, 2007. On February 27, 2008, the Planning Commission, on a 4-1 vote, recommended that the City Council approve the proposed modification, subject to the conditions of approval recommended by staff and modified by the Commission. RECOMMENDATION 1. Find that the proposed modification is covered by the previously approved Final Environmental Impact Report (EIR) for the Vineyard Avenue Corridor Specific Plan and that no additional environmental review is needed; 2. Find that the proposed major modification to the PUD Development Plan is consistent with the General Plan and the purposes of the PUD Ordinance, and make the findings as listed in Attachment 3 that the proposed modification is covered by the previously approved PUD development plan findings for PUD-05; and 3. Approve the proposed modification, subject to Exhibit B, Draft Conditions of Approval (Attachment 1). FINANCIAL STATEMENT The project developer would be responsible to pay the fees and the costs of any required utility or infrastructure improvements. The project would incrementally increase the demand for City services and would add sales and property tax revenue. Staff believes that the net fiscal impact to the City resulting from the proposed project would be positive. BACKGROUND PUD-05 was a proposal by Centex Homes fora 19-lot single-family residential community known as Apperson Ridge (Ordinance No. 1832). It was covered by the Vineyard Avenue Corridor Specific Plan and Final EIR. The original approval consisted of two properties: the Berlogar property, located at 2200 Vineyard Avenue, and the Chrisman property, located at 1944 Vineyard Avenue. The approval included design review for all 19 production homes. This approval was followed by a tentative tract map approval that was denied by the Planning Commission but subsequently approved by the City Council. On October 4, 2005, the City Council allowed the separation of the overall Berlogar/Chrisman development into two phases (PUD-05-01 M) and the establishment of design guidelines to replace the approved production home designs for the Berlogar parcel (Ordinance No. 1927). On April 4, 2006, the City Council approved anine-lot (Lots 11-19) subdivision that is situated on the Berlogar site, known as Silver Oaks Estates. Subsequently in June 2006, the Planning Commission approved a set of Page 2 of 12