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Planning Commission Minutes DRAFT July 17, 2008 Page 6 MOTION SECONDED AND PASSED BY CONSENSUS: Motion made by Commissioner Cottrell and seconded by Commissioner Collins to continue the project, if the applicant is willing, and return with a modified plan to a later date. AYES: Commissioners Abraham, Clow, Collins, Cottrell and Chairman Harpootlian NOES: none 5.2 LANDS OF BURGER, 11580 Old Ranch Road, File #12-08-ZP-SD-GD; A request for a Site Development Permit for a 5,833 square foot new residence with a 1,322 square foot basement (maximum height: 27 feet). CEQA Review: Categorical Exemption per Section 15303 (a) (Staff -Brian Froelich). Planning Commission Ex Parte Contacts Policy Disclosure: Commissioner Clow had spoken to a neighbor. Brian Froelich, Associate Planner, presented the staff report for the project. The existing residence, driveway and swimming pool are proposed to be demolished and replaced. The site constraints include a 15 foot wide equestrian easement that runs along the southern and eastern boundaries of the property. Perimeter mature trees are on the site and two non -heritage size oak trees and one walnut tree are proposed for removal. The new residence will be located in the same area as the existing house. The new swimming pool will be behind the house slightly downhill of the current pool on the same level as the daylighted basement. The proposal met all zoning and site development requirements. A grading exception of five feet is requested as the cut depth for access to the backyard from the daylighted basement. The size of the grading policy exception is 584 square feet. The applicant had obtained eight signatures from neighbors supporting the design and the benefit of the reduction in the bulk of the new residence. Commissioner Cottrell asked if the existing equestrian easement was written in the property deed as being restricted to use by the original development only and that a Town pathway does not currently exist. Brian Froelich confirmed the Commissioner's statement and that the recommendation of the Pathways Committee is to create a public pathway easement. Commissioner Abraham did not think it was proper to require the public pathway easement because the pathway is not shown on the master Pathways Map. Chairman Harpootlian asked about the 20 percent slope for a section of the driveway. Brian Froelich replied that the driveway design had been approved by the Fire Department. Zack Bums, architect, said that the new residence was designed around the existing 22" heritage oak. The views from neighboring properties will not be affected by the new house as the finished floor will be 18" lower than the existing house. Neighborhood outreach had been conducted and eight neighbors had given support of the project. Zack Burns explained his understanding of the existing private equestrian easement as a use agreement among the neighborhood's land owners who kept horses. He claimed the equestrian