22 ATTACHMENT 05 - Laserfiche WebLink

ATTACHMENT 5 PUD-84. Frank Berlogar Application for Planned Unit Development(PUD) Development Plan approval to subdivide an approximately 37.4-acre site located at 88 Silver Oaks Court into three single-family residential lots: two lots measuring approximately 1.2 acres and 1.9 acres for custom homes; and one lot measuring approximately 34.3 acres for the existing dwelling and accessory structures. Zoning for the property is PUD-HR/OS (Planned Unit Development— Hillside Residential/Open Space) District. Jenny Soo presented the staff report and described the scope, layout, and key elements of the application. Ms. Soo then stated that staff received a letter from Attorney Stuart Flashman, written on behalf of the Silver Oaks Estates Homeowners Association (HOA) and would like to review some of the comments in his letter: 1. With regard to the assertion that this project may violate Measure PP, staff and the City Attorney's Office have looked at this issue and have determined that the Berlogar's project is exempt from Measure PP. Measure PP states that housing developments of ten or fewer housing units on a single property are exempt from Measure PP if the parcel was in existence as of January 1, 2007. Here, Berlogar's property was a legal parcel prior to January 1, 2007. Specifically, Berlogar's current lot was created on September 8, 2006, when the Silver Oak Estates Tract Map was recorded with the County. Because he seeks to develop two housing units (which is less than ten), this project is exempt from Measure PP. 2. In the letter, Mr. Flashman asserts that the project should only be approved if it is "clear that a house in the location can be effectively visually screened so as to be, in essence, invisible from the areas below, including Vineyard Avenue...." Staff disagrees. The homes that the applicant proposes are in the "Hillside Residential District." In other words, the Plan specifically contemplates housing on hillsides. And there are numerous references in the Vineyard Avenue Corridor Specific Plan (VACSP) which articulate how homes on the hillsides are to be developed. Pages 34-35 of the Specific Plan provides for"Specific Hillside Residential District Design Guidelines" which includes the following language: © "The visual prominence of development should be minimized by utilizing existing site features for screening such as tree clusters, depressions in topography, setback plateau areas, and other natural features. ® "Architectural design should emphasize the blending of buildings into the natural surroundings and minimizing building visibility from off-site areas. EXCERPT: PLANNING COMMISSION MINUTES, February 12, 2014 Page 1 of 18