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35 feet, and staff feels 30 feet is adequate. The Commission could consider the 35 feet. The last condition is a lighting issue, which staff could accommodate but might duplicate some other conditions. Mr. Dolan stated that he contacted Mr. Jeffrey the day after the hearing about how he interpreted the Commission's dialogue and where he thought the Commission was going. He noted that Mr. Jeffrey had originally indicated that he would be willing to go along with a condition as summarized in his memo, after which he [Mr. Dolan] talked about how this would be presented to the Johnstons. Mr. Dolan stated that a few days later, Mr. Jeffrey stated that he was not willing to make those concessions. Mr. Dolan then notified the Johnstons via email, and Mr. Johnston came in to discuss the fact that Mr. Jeffrey was happy with the Zoning Administrator's conditions and that he would accept the Planning Commission's action and move on in the process if he had to. Commissioner Fox referred to the draft conditions of approval based on the Zoning Administrator's approval versus what she thought the Commission talked about at the last meeting where four Commissioners had indicated that they wanted to uphold the appeal. She requested clarification on how the two could be blended together. Mr. Dolan replied that he thinks the discussion was a question of semantics and that this was a revised set of conditions for Commission's approval or denial. Commissioner Fox stated that she was confused because the conditions appear to be mutually exclusive in that the Commission could opt for an alternative that would allow the fill to stay, and one of the conditions is that the conditions for Tract 5835 shall remain in full force and effect, which includes Council approval for grading. Ms. Decker clarified that the condition could be modified to read: "All conditions of approval of Tract 5835 shall remain in full force and effect except as modified by these conditions." She stated that the last phrase is usually added on so that the remainder of the Tract conditions remain applicable. Chair Blank inquired exactly if the wall was four feet or less on its entire length. Mr. Dolan said no and explained that the height varied at different parts of the wall. Chair Blank further inquired if the installation of the wall went through the right process for being over four feet. Mr. Dolan said yes and added that it was reviewed by Building staff. He added, however, that he was unsure as to whether the building permit was approved over the counter. Ms. Amos indicated that the permit was approved over the counter and a building permit applied for. She noted that all building permits are then reviewed, and final inspections are required by the Building and Safety Division in order to close the PLANNING COMMISSION MINUTES, September 24, 2008 Page 10 of 41