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<br />PUD-138 and Vesting Tentative Subdivision Map 8616 Planning Commission <br />18 of 28 <br />establish objective design standards for housing development and urban lot splits that result <br />from the new state law. <br /> <br />While requiring the review and approval of both housing developments units, and of urban lot <br />splits by local jurisdictions to be ministerial (by right), SB 9 does not prohibit a Homeowners <br />Association (HOA) from imposing restrictions or limitations on lot sp lits or housing <br />developments through its Covenants, Conditions and Restrictions (CC&Rs); therefore an <br />individual HOA could choose to enforce or adopt restrictions in this regard . <br /> <br />The proposed project would have CC&Rs to govern rules and regulations within the <br />development and establish a HOA to oversee and manage CC&Rs. However, the City does <br />not take any role in enforcement of CC&Rs that may be more restrictive than City codes . Thus, <br />the future HOA could adopt in its CC&Rs a restriction on further lot splits or construction of <br />more than one primary unit on a lot. Thereafter, it would be a matter between individual <br />homeowners and their HOAs as to whether or how to enforce any limits on SB 9 developments <br />within a subdivision. <br /> <br />Accessory Dwelling Units (ADUs) <br />§18.106.045.A.of the PMC pertaining to standards for detached ADUs allow new PUD <br />proposals to include detached ADUs greater than 16 feet in height. As such, the applicant <br />proposes a maximum height of 25 feet for a detached ADU. The applicant further proposes the <br />setbacks for a detached ADU to be 10 feet from the rear and side property lines. Staff finds <br />height proposal is acceptable considering the size of the lots which would not create significant <br />visual impacts to adjoining properties. Staff note s, for the six lots that have a one-story height <br />limit, the detached ADU would be limited to 16 feet in height. <br /> <br />Attached ADUs would be subject to the height limits of the primary structure (whether one <br />story or two story in height). <br /> <br />Architectural Design Guidelines <br />Since custom homes are proposed for all lots, the applicant has prepared a set of design <br />guidelines and site development standards for the project (“The Flat @ Spotorno Ranch”) <br />which addresses architecture, house size, setbacks, building height, grading, fencing, <br />landscaping, etc. <br /> <br />Staff believes the guidelines are generally consistent with the requirements of the HVSP and <br />present a good set of development standards for the project and adhere to PUD-SRDR <br />requirements and those specifically applied to the project site. <br /> <br />▪ Architectural Styles <br />The HVSP, with reference to home designs states “Happy Valley architectural design is <br />generally informal in character and reflects the agricultural heritage of the <br />Neighborhood.” The HVSP encourages style diversity suitable to Happy Valley’s semi- <br />rural character, architectural elements that add visual interest to the homes, and the <br />second-floor of a two-story home to be set back to minimize the building’s massing. <br /> <br />As mentioned earlier in the report, the proposed design guidelines list a variety of <br />architectural styles suitable for the area. Instead of requiring a certain architectural style <br />home to be constructed, it allows the homeowners and their design teams the