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concerned about the impact of moving the wall and that she would like to add a condition to potentially vegetate the wall to soften its appearance. Chair Blank agreed with adding vegetation to the wall, which he felt is a compromise. Commissioner Pearce revised her motion to include the proposed amendments as follows: (1) the applicant shall provide a detailed landscape drawing drawn to scale by a landscape architect and approved by staff which conforms substantially to the Exhibit A landscape plan dated April 8, 2008; (2) all conditions of approval of Tract 5835 shall remain in full force and effect except as modified by these conditions; (3) a performance statement shall be included in which staff would review the plant species to ensure they have a growth rate which accomplishes the landscaping screening goal within athree-year time period; (4) the installation of any above-ground permanent structures, such as play structures, sports courts, gazebos, decks, etc. is prohibited within the rear 35 feet of the yard; (5) a landscaped, four-foot tall 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 EXCERPTS: PLANNING COMMISSION MINUTES, September 24, 2008 Page 12 of 14