PC 081308 - Laserfiche WebLink

Mr. Gorney noted that each lot had been looked at individually with respect to the maximum square footage. He indicated that Lot 6 is actually tucked behind a hill and, therefore, not visible from anywhere. Regarding the Visual Analysis, hme stated that he had built generic buildings ranging in size from 6,000 to 9,000 square feet. He added that a decision was made not add any landscaping because they did not want to give the impression that they were attempting to hide the buildings with trees. With respect to the various different structures that would likely be built on the lot (two-car garage, guest house, etc.) Mr. Gorney stated that the actual house would not be more than 4,000 or 5,000 square feet. He agreed that due to the lot’s visibility from Foothill Road, a more thorough review of Lot 4 would have to be done. He also noted that the conditions require that each house have a three-dimenstional drawings done and reviewed by sStaff and himself to make sure it will actually fit. He concluded that there will be enough information available to do the job correctly. With respect to Condition No. 15, Chair Blank inquired if CC&R’s are enforced by the homeowners associationHome Owners Associations.. Ms. Harryman replied that was correct and noted that the typical language regarding CC&R’s is that the City shall have the right, but not the obligation, to enforce them. Chair Blank expressed concern about mentioning CC&R’s when there is no homeowners association and noted that in Home Owners Association because in the past, he believes the City never gets involved in them. Commissioner O’Connor stated that there are actually lots of subdivisions that have CC&R’s but no homeowner associationsHome Owners Associations. Ms. Harryman concurred with Commissioner O’Connor, explaining that individuals in the complex would be able to bring another owner to court regarding violation of the CC&R’s, even if the homeowners association Home Owners Associationchooses not to get involved. Chair Blank requested confirmation that a dispute between property owners in that situation could only be settled in court and that one hasve to sue and win , win in course, and hope tto recoup costs. Commissioner O’Connor disagreed, stating that one cannotyou can’t recoup costs from a CC&R’s. Chair Blank requested confirmation at from Ms. Harryman, who confirmed that the process for mMaintenance aAssociations and homeowner associationsHome Owners Association was the same. Chair Blank expressed his belief that potential buyers were being penalized in the event there is an issue because their only recourse would be to sue. PLANNING COMMISSION MINUTES, August 13, 2008 Page 15 of 26