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Referring back to photovoltaics, Commissioner Narum noted that she did not see anything about green building points in the conditions of approval. Ms. Soo replied that that this could be added in. Commissioner Narum further noted that she did not see anything on fencing either in the Design Guidelines. Ms. Soo replied that page 18 of the Design Guidelines call for open fencing. Commissioner O'Connor stated that the Habitat Assessment report states a sighting of tiger salamander seven miles east from the intersection of Alisal Street and Happy Valley Road. He inquired if this would be seven miles from the Callippe Golf Course. Ms. Seto replied that there have been some spotted in the open space at some of the ponds above the golf course. Commissioner O'Connor inquired what was considered to be an impact, given that this was quite a distance away. Ms. Seto replied that the report discusses in detail a number of physical areas a species would have to cross in order to get to this site. She noted that this would be the reason why it is unlikely they would travel that far to be at this site. She added that this site does not have the type of water features open space areas have, as opposed to other stock ponds in various areas where water stays and where these kinds of animals are more successful. She noted that because the area goes dry during the summer months, it does not make it conducive as being a habitat for the species, and this is why the biologist determined there would be no impact with the development. Commissioner O'Connor noted that on page 11 of the staff report, there is a discussion regarding the City's preference for the establishment of a Homeowners Association (HOA) as opposed to the developer's preference for a Maintenance Association. He inquired what was done at the Serenity Terrace subdivision. Ms. Soo replied that an HOA was approved for the Serenity Terrace development. Ms. Seto added that in this situation, staff suggests that Parcel A be of common ownership which would require an HOA. Commissioner Blank stated that another distinction is that an HOA can officially represent a group of homeowners whereas a Maintenance Association cannot. Ms. Seto further noted that there were different issues associated with an HOA, such as the California Department of Real Estate requires certain expenses be prefunded so they do not end up with a situation where maintenance is needed but no funds are available. Commissioner O'Connor inquired what the primary difference is between setting up a maintenance association as opposed to private ownership. Ms. Seto replied that there are situations on Sycamore Road where there have been land dedicated to the City but the homeowners, through a maintenance association, pay to have the various landscaping, streetlights, etc. maintained. EXCERPTS: PLANNING COMMISSION MINUTES, January 14, 2009 Page 4 of 10