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story is set back from the street. He showed a project rendering noting a second story setback of 10 <br />feet from the footprint of the first story on the eastem (street facing) and southem (facing appellant) <br />sides, thus focusing the feature away from Golden Eagle Way and the appellant's home. While staff <br />believes this meets the intent of the guidelines, they do not want to diminish the value of views from the <br />appellant's home. Mr. Weinstein showed several photos depicting the expansive views of the southeast <br />hills as well as Mt. Diablo from the appellant's home. He shared a slide depicting the approximate view <br />shed of Mt. Diablo from the appellant's front and side facing windows, noting that this view is now at <br />least partially obstructed by existing vegetation on the project site and would be almost totally <br />obstructed by the project. She shared another image of the appellant's combined view shed from a <br />slightly different perspective, from which Mt. Diablo would be partially affected by not the vast majority <br />of the hillside view. <br />From its earliest interactions with the applicant team to start exploring relocating the project to reduce <br />impacts to the appellant's view, staff found that the project site's physical characteristics constrain <br />moving the building envelope identified in the Design Guidelines. In addition to the existing swale and <br />vegetation along the northern portion of the site, the site's increasing slope present considerable <br />challenges. Staff feels that rotating the building either clockwise or counterclockwise could affect both <br />the swale and cluster of vegetation and moving the building envelope further back into the site would <br />increase the amount of grading required. Staff therefore concluded that, aside from shrinking the <br />buidling footprint, there was little room for design solutions to address these appellant's concerns. <br />The Planning Commission reached a similar conclusion with a 4 -1 vote at the first appeal hearing. Mr. <br />Weinstein noted that the dissenting vote focused primarily on a desire for a better understanding of the <br />alternate design solutions that could be used to alelviate the appellant's view concems but did not <br />necessarily express an assumption that such a solution existed. The proposed project was approved by <br />both the HOA and Planning Commission based on its compliance with development regulations on the <br />site which specify physical development standards such as setbacks, building height and floor area <br />ratio. Staff believes that the project is reasonably compliant with the Design Guidelines, especially in <br />the context of a suggested building envelope and the physical site constraints. Staff is sensitive to the <br />appellant's design to preserve the entirety of his hillside views but recommends that the Council deny <br />the appeal. <br />Councilmember Narum asked and Mr. Weinstein confirmed that there are no view easements on any of <br />the lots in question. <br />Councilmember Olson asked and Mr. Weinstein confirmed that, with its existing building footprint, the <br />proposed home could not be rotated without violating some of the existing vegetation and/or swale. It <br />was also asked and confirmed that staff feels that preserving the vegetation is a fundamental <br />component of the Design Guidelines. <br />Councilmember Olson requested clarification of how the appellant's view of Mt. Diablo would be <br />affected. <br />Mr. Weinstein demonstrated how the peak of the mountain would be obstructed, with perhaps a small <br />portion of the lower elevation still visible. <br />Vice Mayor Brown noted that the photos provided depict the existing view shed of Mt. Diablo as <br />somewhat limited to begin with, with one including a view of the appellant's garage and the other <br />requiring a person to essentially press their face to the glass and crane their head to the site. She also <br />noted that the existing vegetation appears to be blocking a good portion of the view now and, if allowed <br />to grow, could ultimately block it entirely. <br />City Council Minutes <br />Page 7of18 June2,2015 <br />