That's 15 seconds.

So thanks.

Thanks for coming and attending the November 19th Design Review Commission.

Can we do a roll call, please?

Thank you, Chair.

Commissioner Case.

Here.

Commissioner Riley.

Here.

Vice Chair Basting.

Here.

Chair Newsom.

Here.

All are present.

We have a quorum.

Thank you.

Next up is the consent calendar.

Do we have anything to put on the consent calendar?

Staff has no recommendations.

Okay, so we move on to public communications.

And this portion of the meeting is reserved for comments that are not on the agenda.

Under the Brown Act, commissioners cannot act on items raised during public communications, but may respond briefly to statements made or questions posed to request clarification.

Refer an item to staff.

Any public communications?

Outside of this subject, which is the public hearing coming up.

Okay, good.

Um I see there's a lot of people here.

Oh, something outside, sorry.

If you if you go if you're gonna come up and speak on any subject, um, we're gonna need a yellow comment card, and those are in the back right there, so fill them out.

I see we have a few.

Um, so go ahead if you're gonna come up, fill out your cards so we're ready when it's time for you to come up.

You'll be called up in order.

So, I mean, we're we're leading up to the public uh public hearing here, so now that's what I have to ask.

Have any of the commissioners had any ex parte communications about the projects on?

No, no, no, no.

Okay, very good.

So now we're gonna open up the public hearing, and looks like we have one item in the public hearing, which is the Sunnyvale Development.

Does staff have a presentation?

Yes.

Looks like you do.

So why don't you go ahead?

So good evening, design review commissioners.

My name is Gerardo Victoria.

I'm an assistant planner with the community development department.

The project before you today is the Sunnyvale Single Family Residential Development located at 1725 Sunnyvale Avenue.

So just some site context.

The general plan designation for this site that's right here outlined in yellow is single family medium, which allows three to six dwelling units per acre.

The zoning, which is located down here is residential eight, and it is surrounded by other single family homes.

To the right, if you're standing on Sunnyvale Avenue, to the right is the Taiwanese cultural center located right here.

The front picture is the front of the property, and the bottom picture right here.

There's a driveway on the right hand side that comes down, and this is taken on the interior of the parcel where you see the single family home, accessory structures here, and on the front there's also an existing single family residence.

So the project description is to demo two existing single family residences and accessory structures.

Construct an eight-lot subdivision with a private street, construct a five-foot land dedication fronting Sunnyvale Avenue, eight two-story single family homes, one of which will be an affordable unit.

Uh the project has density bonus, which is requesting 14 waivers from the development standards, new landscaping, a new bioretention area, new two-foot concrete retaining walls, and a six-foot privacy fence or fences.

Removal of 35 trees, 11 of which are highly protected in Walnut Creek.

They include a valley oaks and black walnuts.

The project was filed under SB 330 application in June of 2025, and the development application which is before you today was filed in July of 2025.

So just a timeline of where we are.

We are here before you tonight for your input at a study session for the major subdivision, the design review, which includes the site layout, the architecture, the landscaping, the colors and materials, the density bonus, the tree removals, and the tree drip line encroachment permits.

The project will be scheduled at Planning Commission for their consideration at a later date.

So under SB 330, city review is limited if the project meets all the applicable standards, which means it cannot be denied.

Density cannot be lowered without specific findings of health and safety impacts.

It vests the ordinances, city policies, and standards when the pre-op was submitted, which was submitted in June of 2025.

The project is consistent with the city's objective standards and the city's design standards.

So the density bonus requests.

So the base density of the site is three to six dwelling units per acre.

The site is approximately 0.93 acres, which equals a density of 5.58.

So with housing, we always round up.

So the base density for this site is six units.

The state density bonus law because they are proposing one home dedicated to low income level.

That's a they're providing a 17% density bonus, which allows them an increase of 30 and a half percent.

So that's 1.52.

You round up to two, that gets them to the eight maximum single family homes.

So density bonus law allows relief from the regular development standards that would physically preclude the housing development to be built.

The applicant, as stated on the previous slide, is applying for 14 waivers.

The city is required to waive such standards unless it makes a specific finding that any such proposal would have a specific adverse impact upon the health safety or the physical environment.

So the minimum lot size in the residential eight zone is 8,000 square feet.

They are proposing 4100 square feet.

The minimum front yard setback in the residential eight zone is 20 feet.

They are proposing a minimum front yard setback of four feet.

I'm gonna stop right there because in the staff report I incorrectly noted a three-foot front yard setback.

It is actually four feet, so I just want to bring that up to clarify.

So this is the existing site plan.

You see here, there's one single family home here, there's another one right here.

There's an accessory structure located here, here, and here, and then there's one over here.

This is the new bioretention area with a five-foot dedication located here.

It calls out for a six-foot fence on top of two-foot retaining walls in certain parts of the property here and over here.

It calls out a six-foot fences all along here to the rear and to the side over here.

The property is sloped from front to back.

I believe it starts right around this area, and it just slopes upward to the back.

So, the floor plans for this proposed project are all the same: three bedrooms, two and a half baths with an ADU.

There are two design patterns.

The first one is a transitional design.

I'm just going to call out a couple of design features.

So this one has a gable roof with a white snowboard and batten siding right here.

It also calls out for white snow smooth coat stucco.

Glass sectional garage doors with a foam trim.

And of course, the light sconces.

I have trouble saying that sconces.

The second uh is the plan one bay area, calls for a hip roof, evergreen fog horizontal siding located here.

And evergreen smooth coat stucco along the bottom.

I should point out the let the left elevation drawing on here calls for bullet windows to the rear of this single family residence, which would be adjacent which would be adjacent, which would be on lot eight.

So this is the floor plan.

The floor plan calls for an entries right here with the two-car garage right here.

This is where the ADU is going to be located on the first floor, and this is the kitchen.

There is an option to have an additional bedroom that would take the place of the ADU in the same location if they chose.

So all the red trees are scheduled to be removed.

The circles with the yellow stars are highly protected trees in Walnut Creek.

And the six trees that are remaining on the site are in good health, and they're remaining.

As the project is consistent with the general plan designation and all applicable general plan policies.

The proposed development occurs within the city limits and is less than five acres.

The project site has no value as a habitat for endangered rare or threatened species.

Approval of the project would not result in any significant significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services.

So the summary of requests.

Staff is asking the design review commission to review and comment on the following topics for consideration of the major subdivision, the design review, the site layout architecture, landscaping, colored materials, the density bonus, and the tree removal permit and tree drip line encroachment permit.

Staff is available for any questions or comments.

The applicants are also available.

Any questions, folks?

I would like some more information on the ADU aspect of this development, sort of what went into that idea and where those I what is sort of the proposed purpose of those spaces.

Okay.

Are they to be rented?

Family, just kind of what the thinking was.

I could defer that to the applicant.

Okay.

Does the applicant have a presentation, just I'll ask me.

I mean, we've got to go through the comments.

Okay.

But anybody else?

No question.

I mean, I I got one, so.

About the trees.

So, you know, you're mentioning that all, you know, all those protected trees are coming out.

Um, how is that allowed?

Just for the edification of the audience here.

I mean, why why is this why is this developer allowed to remove highly protected trees in Walnut Creek?

So according to our tree ordinance, with the development, if if the development is going to be physically precluded due to certain trees and they're getting density bonus, then they can be removed by this commission.

I can further on that.

Okay.

With a with a set of criteria.

And the criteria is basic mostly about it is all about the health of the trees and the situation that the trees are in.

And if they are if they're not, you know, in great shape, well, let me just say, if they're in great shape, and and they're uh a part of a grove or they're you know they're natives or whatever, they you can't make a recommendation to to remove them.

And when that happens, it goes to the next step.

Or on the contrary, you he can um approve a tree removal permit if they if they don't pass that criteria.

The next step would be to um becomes a planning issue, and that would go if if it's a tree a tree removal on its own, it would go to the zoning administrator or the highest approving body for that project.

In this case, it's gonna be a planning commission.

Now the planning commission has a different set of criteria to evaluate the removal request, and it's based on the development of the land, you know, the tree health and the species and uh uh and the environment that it's in as part of it, but it's mostly more about the development aspect of it, and and if the development can be achieved without the removal of the trees, and that's and that's what the decision is based on at that second level.

So, like for us, we're not the ultimate body that decides whether those trees stay or go.

We we just make a recommendation what we think, right?

There's been there's been situations where there's say one big giant valley oak and the tree is just way cool.

It's situated on a lot where you can probably design around it.

Yeah, that's when that's when you know you would say no.

But that's just a situation, that's an example of a of a project that that this body has had, not with these members, but with this body has had in the past.

Yeah, yeah.

I've been on the receiving end of that.

Actually, so and I mean if you look at the number of trees here, I mean I think it'd be hard to do accomplish it without it, but that's a planning commission issue.

And then, you know, health safety and physical environment, so I mean I know I mean we'll get we're gonna get other comments, but I mean, just traffic.

I mean, did they do did they do a traffic report or they're required to do a traffic report for the impact on of this on the neighborhood?

Uh the project has been routed to our traffic division and they're meeting all the standards.

Um they are meeting the standards, and it's not required to have a traffic report.

Also, we it was routed to fire and fire's email to back to staff in August of this year was uh they are meeting the standards uh for the private street and access to the lot, okay.

I just asked those questions because I know they're gonna come up from this audience, so I figured we'd answer them in advance, okay.

So then with that said, um, let's move on to public comment, right?

Uh the applicant is available.

Oh, the applicant, does the applicant have a do we have questions for the applicant?

Is the applicant here?

Yes, okay.

Do we have questions for the applicant?

Well, my question of the purpose of the ADUs, the intended purpose of the ADUs.

Okay, and any parking issues with that.

Okay.

Hi, my name is Doug Cummins with Dollin Group Architecture.

So the purpose for the ADUs was just to provide another level of housing type in the city for the potential home buyers to use as you know either rental income units or you know boomerang kids like myself.

I'd lived with my parents after college, you know, things like that, or families coming in to do that.

It's not going to be sold as a separate unit apart from the house.

So the end goal of that is really the homeowner can decide.

That's why we have that optional fourth bedroom unit there.

Also, is that they want to keep that ADU separate for any type of use that they prefer.

And are there specific parking spaces?

I know that there are guest parking spaces within the project, but would those ADU spaces then be using the guest parking spaces?

So they would still they could still use the because they're not sold as a separate unit.

If they were sold as a separate unit, then we'd have a different parking parking calculation that we'd have to do for those units to provide parking for those ADUs as a separate unit.

Can we see the map that shows the additional parking spaces on it?

Sorry, it's a new clicker.

I've been there.

So you see right here the park, these are the nine stalls, right?

Oh, so they're parallel along that fence.

But uh the city's parking requirement, you don't need to park for ADUs.

Correct.

I just wanted to sort of have us all be on the same page with it.

All right, thank you.

You're welcome, thank you.

Okay, anything else for the applicant?

All right, so then we're gonna go ahead and start public comment.

So uh they're gonna call out your name and come up again if you haven't turned in a card and you want to talk, turn in your card.

Um, are we crazy?

You were told to turn in the card out and came up to speak.

That's fine.

That's fine, that's totally fine.

Yeah, so just uh whoever wants you don't you're not holding any cards there.

No, okay.

So just maybe just come up, people with cards come up.

And you're gonna have uh two minutes to talk, right?

You got you got two minutes?

Okay.

Please introduce yourself.

Hi, my name is Jill Lick Demandy, and I have grown up and lived at my house at 1689 Suncrest Court, which backs up to the um existing project.

So I've seen a lot of changes on Sunnyvale Avenue during that time.

Um I beg to differ with Section D about um traffic patterns.

We already have a lot of traffic down Sunnyville with people parking their cars overnight on the street.

So I think the density of the project will really affect traffic even further.

So that's one concern.

Um physical concerns, um, of course I'm concerned about uh removal of all the trees that uh takes away all the privacy on for those of us on Suncrest Court that back up to the project, and since the uh houses will be two-story, although they have bullet uh windows for privacy, we don't, and so you know, everybody will be looking into our backyard, and it's not just one house, it's two houses and then a quarter of a house on each side because I've looked at the plans.

Also concerned about the wildlife.

We do have an owl.

There are so many squirrels in those trees, and I know it is a project, and that happens, but I'm just wondering what happens to all the wildlife that's out there.

Um, in addition, the six-foot fence I'm concerned about.

I know I believe we could have a seven foot fence around the perimeter, and since we're gonna be having two story homes behind us, it would help to have a little bit of privacy since we're taking away the landscaping in this project from it, and just a general concern.

Um we have dogs, so what happens when the fence comes down and how quickly will that happen?

It's a logistical thing for us.

Um in the entire time that I have lived there, we've never had a project on Sunnyvale that's as dense as this.

So thank you for listening.

Thank you.

Next hello folks, I am Michael Mancy, Jill's husband, and uh again, we have lived there for quite some time.

She grew up in the place, and I think I speak for all of our neighbors here that we are vehemently opposed to such density.

Eight houses in a spot that only had two before, tearing down dozens of trees that are provide shelter landscaping, and a two-story high project is completely blocking off our view of the lovely East Bay Hills as the fog rolls in, we won't be able to see anything.

They're gonna be viewing us from their second story house.

Two stories and eight units is way too much, and I think all of us would agree.

I'll let them speak for their own mind, but uh it is just way too much.

Three houses, four at the most, single single story would be acceptable, and I'm not opposed to progress and rebuilding, but eight houses at two stories, they're just trying to throw in housing units that are not appropriate for our area.

I would like uh the commissioners, uh, commission thank you for listening to me, and please listen to the rest of my neighbors.

They are they have uh much to say also, much more than I do.

Um but eight units at two stories is way too much, additionally tearing down the trees, beautiful trees, black oaks, uh black walnuts.

Um as my wife said, they're providing housing to habitat, I should say, to owls, squirrels, raccoons, possums, and thank you for listening to me.

Thank you.

Next up.

Hello, my name is uh Jason Bowman.

I live at 1715, the property directly adjacent on Sunnyvale.

Um so four of these units will be overlooking my yard.

Um I have some concerns with the overall density of the gaps between them and the overall uh light from the from the west, uh given that they've also applied for a slight height exemption as well.

Uh, two stories uh only 11 feet of setback.

Um, overlooking my pool.

My house, it just feels like it's super dense, and uh I'm sure the back lots have similar concerns.

Uh it's just it's significantly more dense than any of the other properties in the area.

The properties across the street are also more dense than the properties we have.

I don't want to be a NIMBY person, like we do need development, and the law is is right for that.

But uh, it seems like they're trying to squeeze as much as they can to get extra exemptions.

Um six properties would be more reasonable, four properties would be even better, but uh it just I do have privacy concerns.

Um I won't take the full two minutes.

Thank you.

Thanks, next up hi thanks for taking our uh feedback my name's Laura Cottrell I live at 1687 Suncrest Court so I am in the back end um and I will have two houses as of now facing us so um adding on to the privacy and the shock of it actually there's so much foliage that is shared foliage along the fence line and with the development all that will go so not only will we have the houses leaning over us we don't we won't have that foliage screen anymore because it's it's all kind of blended along the fence line um I hear owls every night in those oak trees and it's shocking to me that we're gonna take out all the trees except the palm tree um the oak trees are majestic it would be great if they could build around it even saving one of the big healthy ones um the other thing is the ADUs that she brought up one thing we talked about was like Amazon delivery coming and going um garbage whatever it's just gonna increase uh traffic um parking but the eight units is really shocking for our department our uh neighborhood um I think that's it thank you next up next up anybody else thank you for hearing us my name is Amanda Welch uh my parents are the original owners and we live at 1691 Suncrest Court I now own the house I I'm really appalled and so against this um because of the trees they say it's eight units but technically if that last house takes that ADU and makes it a rental that makes it nine as it is I've watched Suncrest Court change I've watched Sunnyville Avenue get busier and busier the city has not allowed people to come off the freeway onto Sunnyvale Avenue it still happens every day pedestrians they don't stop for the pedestrians this is gonna cause more traffic on Sunnyville and who really who really parks in their garage I have four vehicles I have one vehicle in my garage but who really honestly parks their vehicles in a garage which tells me that not only is that parking going to take up they're also gonna start parking again on Sunnyville it's already completely busy there's abandoned vehicles on Sunnyville Avenue that no one seems to enforce and it's besides the trees that eleven trees that are majestic and highly what do you call it uh I just to remove them is just it's very sad and sickening and I'm very disgusted by it and if you all allow this to happen eight houses on a two family property is just ridiculous because that ADU will make it nine and I'm just beside it because not only does my neighbor have to deal with the four Jason, I have to deal with two, because my backyard backs to his house, which means they'll be looking not only in his yard but mine.

But thank you.

Thank you.

Anyone else?

Okay, good.

Thank you.

Hello, my name is Shua Diel.

I live next.

I live in 1715 Sanibel Avenue.

So direct uh next to the 1712th Avenue.

So I was really surprised and shocked to see the development plan.

Eight units just allowed.

When I first moved to One Out Creek, I really enjoyed how quiet the neighborhood is and also the nature, the trees.

When I met with the previous owner, Dennis, he welcomed me to the neighborhood and he showed me the great trees in our neighborhood.

So with this plan, I'm really concerned about uh privacy, uh given that I will have four houses uh directly next to my property.

Uh and I'm shocked about how many exceptions the developers have applied, uh especially the setback to the um the fence.

So instead of uh 15 feet, it's like 11 feet.

So I'll have those houses also close to my fence.

Um and I'm concerned about it's only the fence is only six feet.

Uh so as you mentioned, the um the the lot is uh like it's gonna be higher going back.

So they will have a direct view of my fence and they will I'll have four houses looking into my pool.

I don't feel comfortable and safe in my home anymore.

I think that will have a very very negative um impact on my mental health.

I work from home, I need a quiet environment.

In besides the traffic study, I'm also curious about like how much noise is gonna be.

So it's eight houses, but with the ADU, it could be 16 houses.

Each house have like two or four people.

So you'll have 16 times four, that's 64 people.

So instead of having only two people living next to me, now I have 64.

So I'm just so shocked.

Thank you.

Thank you.

Do we have anybody else?

Thank you.

Hello.

Uh thank you for taking our um concerns and feedback seriously.

Uh my name is Martin.

Um neighbor also to this to this development.

And um yeah, I have uh several concerns.

Definitely on the height variance, um, the traffic that this is gonna create.

Again, we're talking about 64 people, potentially 16 independent uh units.

Um another thing is yet they may not be able to sell them today based on the law that it is currently in place, but who knows maybe in five years or ten years or however long, whether the laws change, maybe uh those units could be sold individually.

Um other things, I mean I'm I'm looking at the all the variances on the setbacks, um, the rear and the side setbacks, um, and obviously none of these are meeting the fire, the standard fire requirements.

Um, so I'm you know wondering what what's been done to actually mitigate that.

Um, and the other thing is traffic, more cars.

Um we're talking, yes, someone already mentioned Sunnyvel is extremely busy as it connects right into the freeway.

There's no bumpers or um uh nothing of that sort to actually prevent people from speeding.

There's routinely uh races on that street, not that it's this development problem, uh, but we're adding more to the traffic.

There's routine accidents.

Um, and yeah, fire danger.

Obviously, the trees, that's pretty wild.

Because as a homeowner, I had to go through that process to get trees removed from my property, and it was a hell of a lot more difficult.

Um yeah, and somehow my permit was only covered for trees, so I have to apply for permit twice.

Anyway, point being there's just a lot of uh variances that are being granted here.

Thank you.

Thanks.

Do we have anybody else with cards?

Hi, my name's Hillary Heibel, and I live on Maggie Lane, which is directly behind this uh development.

We're an infill development, so can't say a lot against it, except for there's some things with regards to design.

I'm here to lobby for tree number 14.

It's the highest tree, it was called out in the report, is creating a very nice canopy.

Um do all of these, all the sides of the houses have windows.

If you look at our street, one side of our house does not have windows, it makes it very private, even though we're right next to each other, but we're not as close as these guys are.

Why aren't they town homes or condos?

Why do they have to be single family homes?

And the other thing is uh the fences.

Six feet, that's me.

I mean, can we go eight?

Especially maybe on the back side here.

I don't know what the uh elevation is with regards to Maggie, but if one is higher, like a lot of these people have said, you're gonna be looking directly into somebody's yard, and that's just not super nice.

And then private road, is that that is correct?

To me, that's opening up a big can of worms.

Our street has a lot of issues with parking.

People get very protective of their parking, and if you're on a private road, you can't call anybody.

You're gonna have to deal with it on your own.

Thank you.

Thanks.

Anybody else have a speaker card?

Want to talk?

Thank you.

Good evening, everybody.

My name is Dave Dunning.

And I live on Maggie Lane.

My property is under right-hand corner here.

And what nobody has mentioned tonight either as far as privacy is that we're pulling out a lot of trees, okay.

But also along my property line and all the way down the east property line, we have 15-foot, 20-foot, 25-foot bushes that give complete privacy to all these neighbors here.

Nobody's talked about those coming out, and they are being taken out, so where I am at the highest elevation, I am gonna be everything's gonna be taken away from my prize would be gone completely.

I'd also like to mention that our homes are Maggie Lane.

We're on a raised foundation, which means we're two feet off the ground to begin with.

We're crawl space, two feet off the ground looking over six-foot fence.

We just see everything, it's pointless.

We definitely need a much higher fence because we're just gonna be looking straight into the windows of the people who are now going to be 14 feet, 11 feet from our homes.

I think it's a little bit ridiculous.

So I don't want to reiterate on what everybody was spoken about tonight, but I do want to say that I am totally in agreement with what they have said.

Thank you.

And I appreciate if you could put it in writing that we will get higher fences.

I did meet with the developer, and I thought we'd already agreed that we'll be higher fences.

So I'm really a little shocked to see that we're still showing six foot up there.

Thank you.

Thanks for your time, but anybody else?

Last call.

Okay, so we have 10 minutes possibly for a rebuttal.

Does the applicant want to make a rebuttal?

Does the applicant want to make a rebuttal to any of these comments?

I have a couple things I would love a little more information on.

So if that could be considered in the rebuttal, that'd be great.

Um a little clarity on the fence height would be good, because when I look at the details, it looks like it's a six-foot fence on top of a two-foot retaining wall.

So maybe understanding that height and its relationship to the neighbors would be helpful.

Um, maybe a little discussion about the window design at the rear of the plan, so we can understand the visibility would be helpful.

It's hard for me on my Arborist report to see which one is tree 14.

So maybe a little conversation about that.

I think it's in the road.

So that would be tricky, but wouldn't mind hearing about it.

And is there any plan for parking regulation?

Those are my I'd like a little more info if it's possible.

Come on up.

Thanks for those.

Hello, Doug Cummins again with Donald Group Architecture.

So for the windows, let's start with that one.

So specifically, one of the comments was privacy for lot eight.

So we did move that house further away from the lot line to help provide a little bit greater privacy to that neighbor.

And then also along that side of the house, we're gonna put in bullet windows at the stairs.

So there's really no visibility as you go through the plan itself.

You're walking through the staircase, you're not stopping anywhere to look into that side yard.

And then also the rear of the homes, the second floor is set back in 50%, 60% of the home.

So it's actually going to come back pretty far.

As you see on that rear elevation on the left hand side, there's just a little bullet window or transom window we call it at the top there, and then there's two windows there, which are required for fire egress into that bedroom.

So we have to have egress windows per code for that bedroom.

So we tried to limit that's why we pushed that bedroom back to get you know a little bit greater separation there, which would be greater than 20 feet from the standard setback at the rear for for that home.

Um for the heights, um, also we're not asking for any height variants on this where um per the city standards on um the overall heights that were allowed on the home, and then we looked at where this hip roof has a little bit lower pitch, so where this home is placed, having sight lines off of that kind of bring the house down a little bit more.

The gable just in the design of that home, that one, you know, it might feel a little bit taller, but this one kind of helps break that down.

So we put those at the ends to kind of help break down that mass when it gets to the neighbors as well on that side.

Um sorry, is there I know I'm missing a couple things.

Fence heights.

Fence heights.

Um, just the fence of our civil engineer come up top of fence heights.

Good evening.

Uh Justin Joseph, CBG Civil Engineers.

Um, I can speak a little bit more to the retaining wall height.

Um so we have a separate grading plan.

Effectively, like you said, there's a six-foot uh wood fence which is on top of a retaining wall, which is roughly about two to three feet.

So effectively, we actually sit lower than the neighboring properties, about two to three feet kind of on the adjacent residential side, and on the church side, that's where about a foot, foot and a half above.

So generally speaking, it'll be the two to three feet of the retaining wall and the six-foot wood fence on top of that for most of the residential areas.

Great.

So let me for everybody's education.

Let's explain that.

So if the new development is two feet on under the existing, that means the existing up the the neighbors will be looking out at an eight-foot, eight eight-foot, two-foot of wall, and then six-foot of fence.

But from the other side, from the new development side, it's it's a six-foot fence, right?

It would be uh since we're lower, they'd be seeing the bottom of the retaining wall, which is the two feet, and then the six feet would be the exposed height.

So it'd be six feet for the neighbors on the higher property, and then the new development would be the full eight feet because they would see both the wall and the fence on top.

Okay.

Answer your question.

Did they get all your in did you get everything answered?

Um tree 14.

Do you know anything about that?

Anyone?

Other than it's in the road.

Trying to comment on that in mind.

We can't reopen public comment.

Sorry.

I'm sorry, Phil.

My mic was off.

Do you want to?

Has the public comments being closed?

Yes.

Public comments are closed.

Hi.

Thank you.

Onica Carpenter with Ripley Design Group, the landscape architect.

And tree 14 is in the in close to the center of the road across from lot eight.

So lot eight.

Yeah.

So lot eight is going to be over here.

Correct.

So if you pull down from that, and it is uh down, not that one, but it's below that one.

Right here.

That one is actually tree fourteen to the right there.

Much better to it.

It doesn't.

Yeah.

It's uh, just one is tree fourteen.

Tree fourteen is this one, yeah.

That one right there, where the pointer is?

Yeah.

Okay.

So it's pretty much in line with the uh backing out of the driveway.

Okay.

On lot eight.

Can we maybe go look at the new plan for a second to kind of approximate where that is?

So it's basically around there by the turnaround.

Yeah.

Yeah.

Somewhere right.

So the front of the back.

And the trunk is under the asphalt.

Yeah.

Thanks.

I have a question on that note a bit.

That's true.

Are you guys done with your rebuttal?

Yeah.

Um, we're closing the public hearing then.

Do you have any more words?

We can't say.

I think it was mentioned that there's no variance this for the room fight, and I'm reading the documentation.

The public hearing is closed.

You're just gonna shut it down.

Council member right now just said that she had to say, um Commissioner Riley, did you have something you you wanted to do you had a question?

And a question for the landscape arch for the regarding the landscape plan?

Is that is that allowed?

To bring up the the landscape architect again.

Yeah, is that allowed?

Yeah.

I mean, come on up.

Hi.

So and this could be uh very rudimentary question, so forgive me for that.

Um my question is the layout of the development on the site with the driveway being along the cultural center.

Is there, does that have to do with grading why the project was laid out in that manner as opposed to, let's say flipped?

Thank you.

Yeah, I would have to differ to the civil engineer.

Okay.

I'm just curious.

Oftentimes it has to do with grading or something like that.

But I thought that in in light of this tree discussion, it might be something to discuss.

Sure.

Thank you.

So sorry.

So to answer the question on the driveway location, I think you just hit it on the head, it's due to grading, kind of like Gerardo mentioned.

There's actually fall across the site.

Um it's higher at the back of the site, drains towards Sunnyville, but in terms of left to right on the existing residential, it drains across to the church side.

So in doing so, we need to keep the pads higher to drain to the street, and that matches the historic drainage path.

If we were to flip it, that would cause all the flow of the funnel, which would not be following the historic drainage path, which is part of our requirements.

Thank you.

That's what I assumed, but I thought it would be to bring it on.

Thank you.

Okay, do you see so some of the the list of the waivers number 15 is for the maximum height of a two-story home to be 25 feet, and it looks like on the plan it's 27-ish.

Is that correct?

So I can answer that.

So the height requirement in the residential aid zone is 25 feet.

You can go an additional four feet.

If you provide a roof pitch of 312 or greater, they are providing a roof pitch of 412, which then gives them the additional, what is it, two or three feet?

So they're meeting the height requirement.

Okay.

Thank you for clarifying that.

Okay.

So with with that app, the next thing to talk about is commissioner comments, right?

So let's let's go and get into it.

I always start.

You guys are the worst.

That's okay.

I'll I'm ready.

Um, but thank you.

You are not the worst.

Um so I feel as though the um the architecture and the landscape and the grading and all are fine.

Um my trouble is with the site design, which is something that we're really limited in our ability to um have any barriers against.

So I I don't love the trees being removed.

I hate the habitat being removed.

I understand it's a higher density, which is is difficult to adapt to in a neighborhood that's primarily single family homes that aren't this tall.

Um I think of the site plan that is proposed that we have minimal impact on the design that's been done is is good.

I like the architecture.

I think that the um, you know, consideration for the site grading and stuff is appropriate.

Um, yeah, it's just unfortunate that it is zoned the way it is.

Thanks.

So um couple of things.

I don't know how much we can I my understanding is we are making suggestions that we'll then go to the planning commission, correct?

So um when I look at the site layout and the landscape plan and the fencing, uh it seems to me that it would go a long way if we could have that, those fences that face the residential neighborhoods to sort of be as high as they can be without seeming like barricades, so if that could be discussed and if possibly the developer could sort of confirm work with the neighbors more to kind of come to a clear resolution on that fence height, I think that would be very helpful.

The fence height would be seven feet then.

So you could do a perimeter fence of seven feet.

Um and the second thing is look in looking at the trees in the landscape plan.

I too really appreciate the habitat of the creatures that live around me as well as the borrowed view, which is what you all are enjoying.

Uh if there could be any way that the trees planted on the perimeter could be species of a more of stately size within while also protecting the structures they are going to be planted behind.

Um just looking like the loris, the the bays at max out at 30 feet, but I know that they're very slow growing trees.

So if there could be any look and at getting as much canopy as possible around the perimeter, I think that that would make for good neighbors.

That's my comments, my um, I had a question comment, which was brought up by one of the neighbors, which is most probably that it's zoned single family residential.

Um most of us would prefer that these were either duets or townhouses so that we didn't have to take out all of the trees and and um and uh remove all that habitat.

But um and I also want to echo what Commissioner Case said, which is that we have very limited ability to do um to do things based on the current state laws that require some of these things like this density bonus.

So um we appreciate very much all of your input and your thought and your thoughtfulness about your comments about this.

Um we echo them as you hear, and we're we are all concerned about the same things.

Um I would recommend that the applicant um indicate that the fence is seven feet, which is the maximum allowable on their plans in the future so that there isn't confusion about that.

And I think that I think you guys covered the other stuff, and Phil's questions covered a lot of it.

I try, so I mean, first to echo what others have said.

I mean, our our hands are tied here.

So on these types of projects, the density density density bonus projects, um we we have no say over things that this commission has had, has had it had in the past.

So, like some examples are of and and and these are deferred, they're a function of state law, and the control is really in the planning commission.

So you have you're gonna have another day there.

Um we have nothing we have there's nothing we can do about density.

There's nothing we can say about the number of stories.

I mean they're they're within that.

Um the the tr the tree situation is atrocious.

The planning commission is the one who has to find um, they're the ones actually have authority over those trees.

Um in having them re-removed.

You you you can see that there's setbacks are are waived as well.

I mean, I'd say, you know, in terms of things that I can say as as far as comments um about this, and I think thank everybody for their comments.

I mean, I'd say I think the colors are are fine.

I think they're they're varied.

Um, you know, the bullet windows are the are the solution that they can have.

I mean, I'd I echo the comment about raising the fence.

That's uh that's something a lot of people have a lot of people have said.

Um sadly, I don't think there's anything to do about tree number fourteen.

I don't see another way.

Um and it'd be good if they had as much screening as possible, so things like removing shrubs, do they have to be removed?

Could more shrubs be put in?

Um those are things that that I would say um would make a difference to me.

I mean the question for me is is in this environmental review.

I mean, I don't think we have jurisdiction over that here either.

But you know, the planning commission is essentially asking us for our for our opinion.

I mean, I'd say going down this list of five or six things, you know, number number C, which is the project has no value as as habitat for endangered plant or animal species.

Well, I'm hearing out here that that might be the case, so you know I I'd say when this project goes to the planning commission, I'd say the applicant better have an answer for that about how that would be mitigated.

Um those are my comments, and thank you all for your comments.

Wish we could do more.

So Mr.

Secretary, do you want to try to summarize that?

Yeah, thank you.

Um, well, um, heard a lot of comments, a lot of echoing.

Um it seems that the really the the takeaways are are the increase fence height, the perimeter fence side anyway to seven feet.

Um and to increase the canopy around the perimeter again and maybe some larger trees.

Do they come in at twenty-fours?

Yes.

All they're all at twenty-fours.

I I know you I and I'll I'll I'll look to Commissioner Case.

I know you don't get a whole lot more if you do a 36-inch box tree because they grow slower.

Um is that typically the case?

Um you might have a a greater trunk when you put it in, and it's the the thought is that if it's a smaller box, it initially is smaller, but it may adapt and grow more quickly.

But if it's a bigger box, it's bigger on day one and it may hypothetically grow slower.

But as my fellow commissioner mentioned, maybe we select species that are faster growing.

That could be part of the criteria, which means you're not gonna get oak trees.

Just saying that out loud.

So is is is was there was a lot of concern about the trees existing trees.

Um so can replacement trees then