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would also have a rear sliding glass door leading to an outdoor patio. The second units would be <br />integrated into the home and would be indistinguishable from the outside. The only condition is that <br />they would have their own separate address. Also, each unit would have its own designated parking <br />space, in addition to the main home's gazage. <br />Mr. Iserson further reported that since the staff report, staff has received a letter from Caroline Herb of <br />1265 Pineto Place. Her objection is not with the unit itself; however, she opposes the secondary unit <br />being used as a rental unit. Mr. Iserson stated that since the applicant will be selling the homes to <br />buyers, they do not know at this time how the owners would use the unit. However, he also advised the <br />Commission that state law prohibits the City from conditioning that the unit could not be rented. <br />Therefore, staff is unable to comply with Ms. Herb's request. <br />In summary, staff is in support of the applications, subject to the conditions identified on Exhibit B of <br />the respective staff reports. <br />Mr. Iserson requested that each application be dealt with on their own sepazate motion. <br />Commissioner Bazker asked whether the Commission could approve the secondary units although the <br />Ruby Hills CC&R's do not allow secondary units. Mr. Iserson stated that state law supersedes CC&R <br />matters and, therefore, the Ruby Hills CC&R's will not have legal authority. <br />PUBLIC HEARING WAS OPENED <br />Douglas Krah, Standard Pacific, 3825 Hopyazd Road, Suite 195, represented the applicant. He stated <br />that he is in agreement with the staff report and the conditions of approval. He also commented that the <br />- applicant has built similar homes with secondary units in other areas, and they have primazily been used <br />as in-law units. <br />PUBLIC HEARING WAS CLOSED <br />A motion was made by Commissioner Dove, seconded by Commissioner Wright, recommending <br />approval of UP-98-09, subject to the conditions listed in Exhibit "B". <br />ROLL CALL VOTE <br />AYES: Commissioners Bazker, Dove, Kumazan, and Wright <br />NOES: None <br />ABSENT: Chair Cooper <br />ABSTAIN: None <br />Resolution No. PC-98-27 was entered and adopted as motioned. <br />A motion was made by Commissioner Dove, seconded by Commissioner Wright, recommending <br />approval of UP-98-10, subject to the conditions listed in Exhibit "B". <br />Planning Commission Page 4 April 22, 1998 <br /> <br />