11 ATTACHMENT 04 - Laserfiche WebLink

bench swing, and maybe a small tot area. He staled that they definitely should be an amenity. Chair Narum suggested 1:hat the project be conditionec that when 50 percent of the homes are sold, a homeowners meeting be held to vote for or against a tot lot, with the developer devoting a certaii dollar amount. Commissioner Pentin inquired if the Commission could include such a condition. Commissioner Blank inquired if the project would have a homeowners association (HOA) or a maintenance association. Mr. Otto replied that the project was originally proposed to have a maintenance association because there was no common open area; however, if the open space parcel becomes common a-ea, there will most likely be an HOA. He noted that there have been some exceptions where the City has implemented maintenance associations for open space areas. Julie Harryman stated that these types of questions have arisen in the past, and what staff routinely hears from developers is that the cost of setting up an HOA and implementing it on a small project like this does not make sense. She added that staff has also been leaning towards maintenance associaticns and maintenance agreements for projects of this size. Commissioner Blank stated that if he were moving into a home, he would want to be represented by an HOA because they are independent of the City and can take legal actions, whereas a maintenance association cannot. Ms. Harryman concurred and added that they both have their pro's and con's. Commissioner O'Connor inquired whether or not an open space parcel would belong to the City under a maintenance association. Ms. Harryman said no. She explained that the open space can be owned in a variety of different ways. Commissioner O'Connor inquired whether the City could include play equipment if the project were a maintenance association. Ms. Harryman said yes. She added that the City could also include other things like utilities, shared driveways, and storm water requirements. She noted there would be CC&Rs for the development, and :hose would set forth maintenance responsibilities. Commissioner O'Connor in:wired if the City could have the developer fund the maintenance area with iterr s not initially installed for the project. EXCERPT: PLANNING COMMISSION MINUTES, February 9, 2011 Page 13 of 18