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 CITY COUNCIL AGENDA ITEM NO. 24



Meeting Date: October 8, 2002

Subject/Title: Public Hearing to review the appeal filed by Christine Iacovoni concerning Design Review 01-44, Mission Peak's Amber Park

Submitted by: Community Development (Oshinsky/Hill)

Approved by: John Stevenson, City Manager


RECOMMENDATION
The Planning Commission recommends that the City Council uphold the Planning Commission's approval of Design Review 01-44 by adopting a Resolution denying the appeal filed by Christine Iacovoni.

COMMENTS
On June 18, 2002, the Planning Commission approved a design review application for the design of 7 plans for single family homes ranging in size from 2,239 to 3,550 square feet to be located on 162 lots located within Tentative Subdivision Map 8470, known as Amber Park, to be developed by Mission Peak Homes. The Commission voted 3 - 2 to approve Design Review 01-44. 

On July 2, 2002, this approval was appealed by Christine Iacovoni on behalf of herself and some Solana subdivision residents. The Solana subdivision is a built-out Mission Peak development located along the east side of Fairview Avenue, north of Central Boulevard. According to the appeal statement, there are several customer service issues within the Solana subdivision which have not been resolved to the homeowners' satisfaction. The appeal statement fails to mention any particular error or abuse of discretion by the Planning Commission in the consideration and action on the design review for the Amber Park subdivision, or where the Planning Commission's approval was not supported by the evidence on the record. The appeal is based solely on the lack of response by Mission Peak to private customer service complaints between the builder and homeowners. The appeal appears to be based on the desire to halt any further developments by Mission Peak until the customer service complaints with the Solana subdivision have been resolved. 

While customer complaints between homeowners and the builder of residences are certainly a valid issue, and can potentially result in a loss of new home sales by the developer if left unresolved, the City, after at least 2 meetings with the Solana residents, is unaware of any public issues; i.e., building code violations or health and safety issues, in relation to their complaints which would require the City's intervention. The residents' concerns are a private matter with the builder. The City has encouraged Mission Peak to resolve these issues with the Solana subdivision residents. 

As stated previously, the appeal statement filed on behalf of the Solana residents fails to state the areas where they felt the Planning Commission had erred in their consideration of the Mission Peak design review request. The appeal as presented fails to provide any legal basis for denial as there is no substantial evidence in the record to support the appeal. 

At this time, staff is recommending upholding the Planning Commission's approval of Design Review 01-44 by denying the appeal, as there is no substantial evidence in the record to support the appeal.




Attachments:
• City Council Resolution
• Planning Commission Resolution 02-04
• Planning Commission minutes of June 18, 2002
• Appeal letter from Solana residents dated July 1, 2002
• Letter from Mission Peak's attorney dated September 4, 2002


CITY COUNCIL RESOLUTION NO. 02-___


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD UPHOLDING THE PLANNING COMMISSION BY DENYING THE APPEAL OF MISSION PEAK'S AMBER PARK DESIGN REVIEW 01-44 FOR THE DESIGN OF 7 PLANS FOR SINGLE FAMILY HOMES RANGING IN SIZE FROM 2,239 TO 3,550 SQUARE FEET TO BE LOCATED ON 162 LOTS LOCATED WITHIN TENTATIVE SUBDIVISION MAP 8470. TE PROJECT IS GENERALLY LOCATED SOUTH OF LONE TREE WAY, WEST OF FAIRVIEW AVENUE, AND EAST OF THE SOUTHERLY EXTENSION OF EMPIRE AVENUE (APN 019-050-014, 019-050-030 THROUGH 019-050-033).

WHEREAS, on December 10, 2001, Mission Peak Homes, Inc., submitted an application requesting a Design Review (DR 01-44) for the design of 7 plans for single family homes ranging in size from 2,239 to 3,550 square feet to be located on 162 lots located within Tentative Subdivision Map 8470; and

WHEREAS, on June 18, 2002, the Planning Commission held a public meeting to review the request for compatibility with adjacent land uses, zoning and the General Plan; and

WHEREAS, following the close of the public meeting on the proposed project, and after considering all testimony presented to it, the Planning Commission passed Resolution 02-04 approving Design Review 01-44 with conditions; and

WHEREAS, on July 2, 2002, Christine Iacovoni on behalf of the Solano residents appealed the Planning Commission's approval of DR 01-44; and

WHEREAS, a duly noticed public hearing for said appeal was advertised in the Ledger-Dispatch on September 27, 2002, and mailed to property owners of record within 300 feet of the exterior boundaries of the site as required by City ordinance and Government Code Sec. 65090; and

WHEREAS, the City Council held a public hearing on October 8, 2002, to consider the appeal request, review the Planning Commission's action, and accept all public comment; and 

WHEREAS, the City Council has considered the information provided to it by those testifying, the Planning Commission's action, as well as the information provided in the staff report and supporting documentation; and

WHEREAS, the PD-35 zone lists single family housing as being a permitted use within Subarea D of that zone; and

WHEREAS, on January 15, 2002, the Planning Commission passed Resolution 02-03 approving Tentative Subdivision Map 8470 for the subdivision of this 54.3 acre site into 162 single family homesites; and 

WHEREAS, the design review application for this project was for the development of 162 single family homes; and

WHEREAS, the City Council of the City of Brentwood has considered this request for consistency with the General Plan and Design Review criteria established in Section 17.820 of the Brentwood Municipal Code, and finds that:

1. The proposed project conforms with the design criteria set forth in Section 17.820.007 of the Municipal Code; and
2. The proposed project conforms to the site development criteria set forth in Section 17.820.008 of the Municipal Code; and
3. All applicable specific design criteria or standards have been adhered to; and
4. All applicable regulations of the Zoning Ordinance and other City ordinances, policies or resolutions have been adhered to.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby upholds the action of the Planning Commission approving a request for the design of 7 models to be constructed on 162 lots located within Tentative Subdivision Map 8470 by denying the appeal of Design Review 01-44, as there is no substantial evidence in the record to support the appeal.

PASSED AND ADOPTED by the City Council of the City of Brentwood at its regular meeting of October 8, 2002, by the following vote:

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