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Resolution No. PC-2004-69 was entered and adopted as motioned. The Planning Commission recessed for a break at 9:28 p.m. Chairperson Roberts reconvened the meeting at 9:38 p.m. d. PDR-426, David Bo~stad Application for design review approval to construct a 5,090-square-foot, two-story custom home with 1,160 square feet of garages to be located at 5250 Clubhouse Drive (Lot 13, Tract 7372, Callippe Preserve). Zoning for the property is PUD-GC and LDR (Planning Unit Development -Golf Course and Low Density Residential) District. This item was continued to January 12, 2005. e. PCUP-131, Bill Kolb Application for a conditional use permit approval to permit the interim stockpiling of soil on the reaz portion of a site located at 11393 Dublin Canyon Road. Zoning for the property is PUD-LDR/C/PHS/WO (Planned Unit Development -Low Density Residential/Commercial/Public Health and Safety/Wildlands Overlay) District. _ Ms. Kline summazized the staff report and described the scope of the project and the site. Staff was supportive of the applicant's plan for stockpiling the soil, but noted that the administrative process was not followed with respect to the removal of the trees. Mike Fulford, City Landscape Architect, agreed that the trees were definitely heritage trees, but one was dead and the other was dying. Instead of contacting Mr. Fulford to confirm the trees' status, Mr. Kolb removed them on his own. Staff recommended a condition of approval that Mr. Kolb contribute $5,000 to the Urban Forestry Fund for removing a mazginally healthy tree, to which Mr. Kolb did not agree. Mitigation of the tree's removal by planting a new tree would be premature because of the slope and lack of a permanent irrigation system. Staff recommended that tacifier straw be placed on the stockpiles and that they follow up with a hydroseed mix of lupens and California poppies that will take longer to germinate but will make a very nice display. Staff recommended approval of this item. THE PUBLIC HEARING WAS OPENED. Hamid Taeb, Century Land, project developer, noted that the applicant was ill and unable to attend. He acknowledged that the work on the stockpile and tree removal was done without permission and noted that it was because of an incorrect interpretation of the regulations. Mr. Kolb requested that the Commission consider deleting Condition No. 5, which required him to pay $5,000 to the Urban Forestry Fund. He noted that the creek was quite deep and that the applicant planned to raise the buildable area along it. PLANNING COMMISSION MINUTES, December 8, 2004 Page 13 of 19