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Planning Commission Minutes July 17, 2008 Page 2 PUBLIC HEARINGS DRAFT 5.1 LANDS OF ROELANDTS, 26401 Eshner Court, File #255-07-ZP-SD-GD; A request for a Site Development Permit for a 5,735 square foot two story new residence with a 2,845 square foot basement (maximum height: 29'). CEQA Review: Categorical Exemption per Section 15303 (a) (Staff -Nicole Horvitz). Planning Commission Ex Parte Contacts Policy Disclosure: Commissioner Clow visited the site, spoke to the applicant and a neighbor; Commissioners Abraham, Collins and Cottrell visited the site and Chairman Harpootlian visited the site and spoke to a neighbor. Nicole Horvitz, Assistant Planner, presented the staff report stating that the project site on Eshner Court is a vacant 1.34 acre lot with a 20 percent average slope. A new residence with a basement is proposed with increased setbacks to accommodate the 29'6" building height of the structure. Grading policy exceptions are proposed for the rear and side of the structure. At the back of the house a 12'6" cut for the lightwell and a 12' cut for the house was proposed which would create a 24'6" high retaining wall and a nine feet wide lightwell. The lightwell on the side of the house would be up to 11' wide. Two heritage oak trees in the vicinity of the detached garage were proposed for removal. Eight heritage oaks may be impacted by the rear lightwell and new residence construction. MOTION SECONDED AND PASSED BY CONSENSUS: Motion made by Commissioner Clow and seconded by Commissioner Abraham to limit comment time for the applicant's Presentation to ten minutes, applicant final comment response time to three minutes and public comment time to three minutes. Commissioner Cottrell remarked that there are instances during public hearings when the Chairman may allow the time limitations to be flexible. Shad Shakralla, project manager, stated that this is a heavily wooded site and the two oaks Proposed for removal are not ideal specimens and would be replaced by six new trees. The impact on the trees affected by the lightwell excavation should be minimal due to their root structure and the mitigation measures planned to protect them. The garage was designed as a separate structure to allow the basement and garage to conform to the Town's ordinances. Shad explained that their geotechnical consultant had identified two landslide areas on the property and recommended the residence should be located 30 feet back from the landslide limits. The Position of the house is limited by property line setbacks, the landslide setbacks and the location of the oak trees. Anthony Matisi, architect, explained that the proposed design situated the house in the most strategic location on the site for the benefit of the homeowners and the neighbors. Commissioner Collins and Cottrell felt the house could be moved forward and the garage switched to the other side of the lot. Commissioner Cottrell asked if terracing of the rear retaining wall had been considered.