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<br />Chainnan Wright advised the speaker that the vote of the Homeowners Association is <br />overturned by the State ruling on second units. <br /> <br />PUBLIC HEARING WAS CLOSED <br /> <br />Chairman Wright clarified with staff that the Code allows for the Planning Director to grant <br />variances, however, that is exclusively for Section 18.132 and does not overlap to Section <br />18.68 which addresses PUD's exclusively. <br /> <br />Commissioner Hovingh commented that staff has already set a precedence that second units <br />must conform to the building envelope, and as such he is willing to uphold the Planning <br />DiIector's decision to require a PUD major modification. Chairman Wright concurs with <br />this thought. <br /> <br />A motion was made by Cornrnk~ioner Hovingh, seconded by Commissioner Lutz, <br />upholding the Planning Director's determination that an application for a PUD major <br />modification must be submitted for review. <br /> <br />ROLL CALL VOTE <br /> <br />AYES: <br />NOES: <br />ABSENT: <br />ABSTAIN: <br /> <br />Commissioners Hovingh, Lutz, Dove, Barker and Chairman Wright <br />None <br />Commissioner McGuiIk <br />None <br /> <br />Resolution No. PC-9S-21 was entered upholding the Planning Director's decision, as <br />motioned. <br /> <br />7.... MA TIERS INITIATED BY COMMISSION MEMBERS <br /> <br />Chairman Wright noted that the resurfacing on Valley and Bernal has not been striped as of <br />yet, and was this due to the rainy weather. Mr. Higdon advised that the asphalt seams are <br />not acceptable to the City and are in discussions with the contractor to repair and slurry the <br />seams. <br /> <br />Commissioner Barker inquired about a letter that was sent to residents on Neal Street <br />regarding the removal of a heritage tree. Mr. Beougher advised that the County Health <br />Officer has requested that the City remove the tree because it is infested with buzzards and <br />their droppings cause an infestation of insects. Commissioner Lutz stated the birds relocated <br />there from the eucalyptus trees when the concerts started in the downtown park. He is <br />concerned about the precedence of cutting down heritage trees to remove unwanted birds. <br /> <br />Planning Commission Minutes <br /> <br />Page 7 <br /> <br />March 22, 1995 <br />