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PLANNING COMMISSION ACTION The Planning Commission held a public hearing on May 27, 2015, to review the Cummings' appeal of the Zoning Administrator determination. Detailed information on this meeting is provided by Attachment 3, draft Planning Commission meeting minutes (a podcast is also available at the City's website at www.ci.pleasanton.ca.us). Seven members of the public (excluding the Kiziloglus and Cummings) spoke at the hearing generally indicating support of the application without the second-floor balcony. After receiving public testimony, the Commission, on a 3-1 vote, upheld the Cummings appeal and modified the Zoning Administrator determination, approving the project as proposed, subject to the same conditions of approval, but denying the second-floor balcony portion of the Kiziloglus request. In making their decision, the Planning Commission cited agreement with the Cummings' concerns related to privacy, as well as a concern about setting a precedent of allowing second-floor balconies at the rear of residences within the subject neighborhood. DISCUSSION The attached Planning Commission staff report (Attachment 5) dated May 27, 2015, provides additional background information and a detailed discussion of the proposed application, including project compliance with the underlying zoning regulations, conformance with Design Review performance standards, and privacy concerns expressed in the Cummings' appeal of the Zoning Administrator determination. This report includes supplemental discussion specific to the Kiziloglu appeal (Attachment 2) of the Planning Commission determination filed on June 11, 2015. Privacy Concerns Staff and the Zoning Administrator initially supported the project as proposed, including the balcony, because it complied with the development regulations of the underlying zoning district and because a condition of approval requiring the installation of a vegetative screen appeared to adequately screen views from the proposed balcony to the Cummings' back yard. After hearing public comment at the Planning Commission meeting, and subsequent discussion among the Commission, staff believes the Planning Commission's determination to approve the project without the balcony is reasonable given the continued privacy concerns raised by the Cummings and similar concerns expressed by neighbors on behalf of the Cummings. Additionally, the Planning Commission decision allows the Kiziloglus to construct the vast majority of their proposed project, which seems to be a reasonable compromise that takes the neighbors' concerns into account. Condition of Approval #7 As detailed above, the Cummings raised privacy concerns primarily related to the proposed second-floor balcony. However, they also raised privacy concerns related to the rest of the proposed project. Accordingly, the Zoning Administrator crafted Condition of Approval #7 (Attachment 4), to which the Kiziloglus agreed prior to the Zoning Administrator's issuance of a final determination. The condition reads as follows: Page 6 of 10