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THE CITY OF 14 - - -- ~ CITY COUNCIL AGENDA REPORT PL£~S~4NTONe December 2, 2008 Community Development Department TITLE: PAP-127, STEVE JEFFREY, APPELLANT -CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S DECISION UPHOLDING PAP-123 AND MODIFYING THE ZONING ADMINISTRATOR'S APPROVAL OF A DESIGN REVIEW PERMIT (PDR-715) FOR REAR YARD IMPROVEMENTS OF THE EXISTING RESIDENCE LOCATED AT 927 MONTEVINO DRIVE. APPELLANT/ Steve Jeffrey PROPERTY OWNER: ZONING: R-1-6,500 (Single-Family Residential) District (Vintage Heights II) SUMMARY Mr. Jeffrey obtained over the counter approvals to construct a swimming pool and retaining wall in his sloped back yard at 927 Montevino Drive. As construction commenced, Planning Division staff was notified by Mr. Jeffrey's rear neighbors, the Johnstone (3110 Catawba Court), that Mr. Jeffrey's had removed several trees which were required as a condition of approval of the original tentative map (approved on January 19, 1988) to provide a visual screen between the lots on Montevino Drive and the existing homes behind and below on Catawba Court and Sylvaner Drive. When staff became aware of the requirement, Mr. Jeffrey was required to submit a Design Review application which, after several meetings, was conditionally approved by the Zoning Administrator. Conditions of approval required the replacement of the landscaping but allowed the pool and retaining wall to remain as proposed. The Zoning Administrator's approval was appealed by the Johnstons, and the Planning Commission revised the approval adding several requirements, including the installation of a four-foot high berm above the retaining wall and a restriction on the rear 35 feet of Mr. Jeffrey's backyard to prohibit the installation of permanent structures such as play structures, sports courts, gazebo's, decks, etc. Mr. Jeffrey is not satisfied with the Planning Commission's decision and has appealed the item to the City Council. Mr. Jeffrey's explanation of his appeal is provided in Attachment 3. RECOMMENDATION Staff recommends the City Council adopt the draft resolution denying appeal PAP-127, but amending the Planning Commission's approval of PAP-123, the appeal of Greg and Lisa Johnston of the Zoning Administrator's approval of PDR-715, the application of Steve Jeffrey for a design review approval, subject to the conditions listed in Exhibit B of Attachment 1.