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an adjoining neighbor can request access from the next door neighbor to do work on his own wall, for example. Commissioner Blank inquired whether this requires an easement. Mr. Pavan replied that typically easements may be required and that staff would look at this at the Subdivision Map stage, which will come back to the Commission. Commissioner Blank requested confirmation that the Commission did not have to do that tonight. Mr. Pavan replied that the Commission could condition that tonight, but either way, it would be reviewed. Commissioner Blank requested staff guidance on what to do with the shading of the solar panels. Mr. Pavan noted that shading has already been addressed by the condition that trees in the open space area shall not shade the photovoltaic panels on Mr. Walterson's property. He further noted that a clearly worded disclosure has also been added on Lot 12 regarding the presence of the photovoltaic panels. Commissioner Blank moved to find that there are no new or changed circumstances or information which requires additional CEQA review of the project and that the proposed PUD Rezoning and Development Plan are consistent with the General Plan and Downtown Specific Plan; to make the PUD findings for the proposed development plan as listed in the staff report; and to recommend approval of Case PUD-82, the rezoning of the project site from the R-1-6,500 (One-Family Residential) District to PUD-HDR (Planned Unit Development — High Density Residential) District, and Development Plan approval to construct 13 detached single-family homes, subject to the conditions of approval listed in Exhibit B of the staff report, with the following modifications: (1) Conditions Nos. 45 and 105: payment of the applicant's pro-rata share of the City's Capital Improvement Project to reconstruct Stanley Boulevard along the project frontage and of the applicant's in-lieu park dedication fees, respectively, shall be made prior to the issuance of the grading permit instead of prior to approval of the Final Map; and (2) Condition No. 42: the installation of the tot lot shall be determined by the homeowners association (HOA). The Commission also directed staff to address accessibility to the side of the neighbor's detached garage for maintenance purposes at the Tentative Map stage. Commissioner Pentin seconded the motion. Commissioner Olson proposed an amendment regarding plain language disclosure in the conditions of approval. Commissioner Blank indicated that it is already included in the conditions. EXCERPT: PLANNING COMMISSION MINUTES, July 13, 2011 Page 8 of 10