PC 071311 - Laserfiche WebLink

Mr. Pavan replied that he believes the owner is referring to maintenance upkeep of the walls of the detached garage. Commissioner Blank inquired if the neighbor has access. Mr. Pavan replied that access for this purpose can be defined in the Tentative Map and reflected in the Final Map. He explained that the situation Mr. Walterson is experiencing is no different than that for zero-lot-line single-family homes throughout the City, where 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. 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: -rata share of the the project frontage -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). PLANNING COMMISSION MINUTES, July 13, 2011 Page 10 of 21