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Vice Mayor Brown asked and Mr. Weinstein confirmed that landowners do not have the authority to require that adjacent property owners prune their vegetation to preserve or improve views, nor do lots in Golden Eagle come with any sort of view guarantee. Mayor Thorne opened the public hearing. Nagib Haddad, thanked staff for its presentation and offered to have his architectural team answer any questions. Jerry Dommer of Dommer Architects, representing the appellant, identified himself as the architect of record for the Golden Eagle development project as well as the preparer of the master plan layout and draft design guidelines. He stressed that the later were crafted to ensure that the hillside would not be overrun by large homes but rather that homes would be as friendly to the natural landscape as possible. He disagreed with staffs perspective that the Design Guidelines are suggestive, as Mr. Monzo was told by planning staff. He said he spoke with former city Planner Brian Swift regarding the Design Guidelines and was informed that by being approved and codified in Ordinance No. 1236, the Design Guidelines essentially became planning code for the Golden Eagle development. This codified language, or law, includes a stipulation that homes on sites with slopes exceeding 15% shall have split-level floor plans, with the architectural character to be promoted with a ranch-style low profile design and second-story massing located to the rear of the home. Designs are also encouraged to nestle into the landscape rather than dominate it. He showed several examples of the single-family ranch-style homes envisioned by the Design Guidelines, several of which included split-level designs. He explained that the split-level nature should be apparent from the exterior of the home, which the applicant's is not. He reviewed one of the proposed site elevations, noting that the second floor is set back only 3 feet from the primary front wall of the home, not the 10 feet that some have suggested by including the open-sided porch. He said he felt there has been a grave misconception by staff that the Design Guidelines are suggestive when in fact they are essentially codified law. He also said he felt that the other Golden Eagle homes used by staff are inaccurate as comparables. He showed several photos depicting the appellant's existing view of Mt. Diablo from their living room as well as one looking on to the project story poles. Councilmember Olson asked how much of the view would be preserved if the second story were to meet what Mr. Dommer's interpretation of the Design Guideline's setbacks require. Mr. Dommer said that if the second floor were moved back to create a true split-level design, the view of Mt. Diablo would be much less impacted. Councilmember Olson asked if he felt the project would be compliant with a 15-foot second story setback. Mr. Dommer confirmed, though acknowledged that the Guideline's stipulate split-level and not a specific setback. Councilmember Pentin asked and Mr. Dommer confirmed that even if the second story were moved back, the appellant's views would still be impacted. Vice Mayor Brown noted that the appellant's view is already partially obstructed by their own garage. Mr. Dommer explained that the garage eave is not visible from all areas of the appellant's living room. Vice Mayor Brown noted that shifting the house back would require more grading, which would also violate the Design Guidelines. Mr. Dommer explained that perhaps the proposed home is too large for the lot if it cannot completely conform to code. Nonetheless, he thought it could be done with some creative landscaping and grading. Vice Mayor Brown asked and Mr. Dommer confirmed that the appellant team would then also wish to control the potential for any vegetation to obscure their views. She said she understood that the original project proposal called for an 8,000 square-foot home, which the applicant reduced in part to address the appellant's concerns. Mr. Weinstein deferred to the applicant for specifics but said there were a few project iterations before reaching staff. City Council Minutes Page 7 of 15 June 2,2015