PC 092408 - Laserfiche WebLink

berm shall be installed between the retaining wall and the lawn to create a visual sound buffer; (6) the applicant shall submit engineered drawings to ensure the stability, safety, and proper drainage of the berm, to be reviewed by the City; (7) no lighting shall be placed on the pool that are directed toward the neighbors' houses; (8) a condition shall be added to vegetate the wall; and (9) Conditions Nos. 4, 6, and 10 of PDR-715 shall be deleted. Commissioner Fox seconded the motion. Commissioner O'Connor requested an amendment to the motion that the vegetation of the wall should accomplish the same type of privacy screening as that of the original vegetation. Commissioners Pearce and Fox stated that they were amenable to the proposed amendments. Commissioner Fox indicated that if the item is not appealed, she wanted a time limit with respect to when the conditions need to be completed. Commissioner Pearce stated that Item 7 indicated a four-week period. Commissioner Fox agreed that the landscape screening should be completed in 4 weeks. She expressed concern about the berm and the 35-foot setback and suggested that this be included as a deed restriction, as she wanted to make sure that a future owner does not build accessory structures in the back. Chair Blank noted that a conditional use permit runs with the land. Commissioner Fox inquired whether there is a need for a deed restriction for the 35-foot setback as this is a design review rather than a conditional use permit. Ms. Seto replied that by law, anyone who sells the property must make a disclosure to the next buyer. She added that to actually and technically record a deed restriction, one would provide a different kind of legal notice that would be carried in the County record so that any future buyer could be notified. Commissioner Fox stated that she would like to have a deed restriction that records the 35-foot setback because this is a design review and because there have been issues with some of the records for properties in the City. Mr. Dolan suggested the Commission reconsider the timeframe. He noted that four weeks is not sufficient time for hiring a landscape architect, getting things drawn, and having it reviewed. Chair Blank stated that he did not want to be punitive to the applicant and inquired what a reasonable amount of time might be. Commissioner O'Connor suggested 90 days; the other Commissioners agreed. PLANNING COMMISSION MINUTES, September 24, 2008 Page 20 of 41