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THE CITY OF 24 CITY COUNCIL AGENDA REPORT pL L ASANTONe April 19, 2011 March 15, 2011 Community Development Planning Division TITLE: PAP -152 (PADR- 2138), CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF AN ADMINISTRATIVE DESIGN REVIEW APPLICATION TO INSTALL A SECOND -STORY WINDOW ON THE RIGHT (SOUTH SIDE) ELEVATION OF THE EXISTING RESIDENCE LOCATED AT 5252 MEADOWWOOD COURT. APPELLANTS /APPLICANTS/ PROPERTY OWNERS: Fredric and Yiping Leroudier SUMMARY Fredric and Piping Leroudier are appealing the Planning Commission's condition of approval requiring the installation of landscaping for their proposed second -floor window within an existing bedroom. The Planning Commission required the Leroudiers to install landscaping, with the size, location, number, and species to be selected by the Director of Community Development, as a mitigation measure to the Leroudiers southern neighbors' (Kong Susanto and Catharine Pranoto) privacy concerns. The Director of Community Development worked closely with the City's Landscape Architect, Mike Fulford, who recommended that the Leroudiers install three Italian Cypress trees or three Fern Pines adjacent to the proposed window. The Leroudiers were not satisfied with the recommendations and have since decided that they do not want to install landscaping and, therefore, filed an appeal to the City Council. The Leroudiers' explanation of appeal is provided in Attachment 2. PLANNING COMMISSION ACTION Approved the application subject to conditions of approval by a 4 -0 vote. RECOMMENDATION Staff recommends that the City Council adopt the attached draft resolution denying the appeal, thereby upholding the Planning Commission's approval of Case No. PADR- 2138 subject to the conditions listed in Attachment 1. FINANCIAL STATEMENT Community Development fees would apply for Planning entitlements and /or Building permits; therefore, no fiscal impact on the City is anticipated.