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Planning Commission Minutes DRAFT June 5, 2008 Page 5 the pumpkin patch. The additional cut in the basement for the purpose of ADA access would not be noticeable and was the only reason to grant the exception. The grading exception for the cut in the backyard area was not necessary and she supported staff's recommendation. She felt that the entire back yard did not need to be ADA accessible. Commissioner Clow did not think the oak trees had been cut to create more area for the future structures. He was satisfied that the topographical survey issues had been resolved. He felt lowering the basement garage was the best solution to provide ADA access and was a good reason to allow the additional grading policy exception. He would support additional cut to have a flat backyard and create more privacy for the neighbors. He felt the landscape screening plan was very responsive to the neighbors' concerns. Commissioner Cottrell felt lowering the garage was a better solution than the ADA ramp. He supported a larger flat backyard area instead of the limited five foot area. The applicant should be congratulated on the efforts to accommodate neighbor issues, particularly Vince Zunino's and the measures taken to protect the pumpkin patch. Commissioner Harpoothan felt that a change in policy was being set for the basement ordinance. He would like the proposed retaining walls to be mitigated with tiered sections along the side of the north driveway, the driveway moved down and made more "S shaped" to make the wall less visible. He supported staffs' recommendation for the backyard grading. The landscape screening plan should be returned to the Planning Commission and the landscape screening deposit increased to $25,000. Chairman Carey congratulated the applicant for their green building principles, trying to achieve ADA access and working hard with the neighbors. The neighbors deserved credit for their attention to details and the changes made because of their diligence. He felt convinced that lowering the garage was better than the ramp for access to the second unit. The landscape screening plan should return to the Planning Commission and the landscape screening deposit should be increased. Creating a flat backyard to make a more functional open area and lowering the pool would be an advantage for both adjoining neighbors and applicant. He supported a grading exception for the backyard. Debbie Pedro suggested inclusion of a condition of approval to ensure that the secondary unit conforms to all ADA construction guidelines for the building permit. MOTION SECONDED AND PASSED BY THE FOLLOWING ROLL CALL VOTE: Motion made by Commissioner Cottrell and seconded by Commissioner Clow to approve the project with a grading policy exception for the driveway and backup area including lowering the garage by an additional two feet to allow the finish floor of the garage to be at 211.5, level with the rest of the basement. Also, eliminated the proposed ADA access ramp and extend the planter to the wall of the house as shown in the diagram. AYES: Commissioners Clow, Collins, Cottrell and Chairman Carey NOES: Commissioner Harpootlian