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Councilmember McGovern confirmed all lots in the development were large enough to have second units and other neighbors could propose the same. She said she hoped the architectural committee has a design process since there will be more proposals in the future. She did not believe second units reduced property values, but enhanced them. Councilmember McGovern confirmed that the addition does not go against the CC&R's of the development. She believed it was hard to define what a densely landscape screen is and suggested the condition be revised to say, "full screening" and hoped that the planting would fit in with the height level within the CC&R's. Ms. Decker said she would add both suggestions to conditions. Councilmember McGovern referred to condition 9, concerning shrubs and irrigation being installed prior to occupancy of the second unit, and confirmed that the City could review water conservation efforts as part of the design. Councilmember McGovern referred to condition 14, Monday through Saturday construction, and because Mr. Chen is only home on the weekends due to his job, she suggested it be revised to have Monday through Friday construction so that better relations are in place, and the Council agreed with this change. Councilmember McGovern said she liked the discretionary review items A through O, particularly the address signs for units, but said they were not covered under conditions. Ms. Decker said this was covered under condition 7 where the unit needs to comply with all applicable requirements of the Municipal Code, where Items A through O are included. Councilmember McGovern asked for them to be written out under Condition 7. Councilmember McGovern said she was distressed with the relationship between all three families, hoped that the homeowners association has a process in place they follow for reviewing second units, and hoped all neighbors can form a good neighbor relationship in the future. Councilmember Sullivan said he was on the Planning Commission when the project was approved, it has always been anticipated that these homes, given the size of the lots, would potentially have second units, said the project meets all setback regulations, the applicant has worked with neighbors to accommodate the problems, but there comes a time where people will just not be happy. He believed the City was somewhat limited in what they can do given State law and said he would support the Planning Commission and staff's recommendation to deny the appeal. He agreed with amending some of the conditions as stated by Councilmember McGovern. Vice Mayor Thorne said the project meets all discretionary review items, setback requirements and was impressed with the concessions made. Motion: It was m/s by McGovern/Sullivan to adopt Resolution No. 08-190 denying the appeal and upholding the Planning Commission's approval of the application; and introduced and waived first reading of Ordinance No. 1974 approving the PUD major modification. Motion passed by the following vote: Ayes: Councilmembers McGovern, Sullivan, Thorne, Mayor Hosterman Noes: None Absent: Councilmember Cook-Kallio City Council Minutes 13 May 6, 2008