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Planning Commission Minutes DRAFT February 25, 1998 Page 3 CONSENSUS: the detention basin was the only available solution. Further discussion ensued regarding the following: conditions #4, and the meaning of meetings of non-profit community groups (i.e. AA) and an occasional fund raiser; condition#8 on page 8, regarding the gate, recommending the granting of the gate at the discretion of the property owner. There were no changes made to the Negative Declaration. MOTION SECONDED AND PASSED: Motion by Commissioner Jinkerson and seconded by Commissioner Schreiner to recommend to the City Council approval of the Conditional Use Permit with findings; approval of the Site Development Permit; and adoption of the Negative Declaration, Lands of Congregation Beth Am, with the following additions/changes 'to the conditions of approval: Site Development conditions of approval - delete #20; add#14a and 14b as recommended by the assistant engineer; Conditional Use conditions of approval - revised #13 as recommended by the assistant engineer; and add wording to include for mosquito abatement measures without the use of any harmful chemicals. AYES: Chairman Gottlieb, Commissioners Cheng, Schreiner& Jinkerson NOES: None ABSENT: Commissioner Aurelio This item will be scheduled for a City Council public hearing March 18, 1998. 3.2 LANDS OF PRIME HOME DEVELOPMENT, 12129 Oak Park Court(lot 8b) (111-97-ZP-SD-GD-VAR); A request for a Site Development Permit for a new residence,pool and sport court, and a variance to allow grading within 10 feet of a property line (continued from September 10, 1997). Staff had nothing further to add to the staff report. The Commission reviewed the previous design with the current proposed design. OPENED PUBLIC HEARING Ervin Von Haws, 2067 Colusa Avenue, San Jose, project designer, reviewed the changes made which included the garage entries, breaking up of the stucco exterior, nesting of the second story, deletion of the wing walls and carriage lanterns, and lowering of the front entry. The variance request is only for corrective grading to return the contours to the grades approved with the subdivision and would not constitute a special privilege for the applicants. Commissioner Schreiner liked the changes made to the design although she was concerned with the closeness of the four houses as she would like to see enough room between them for landscaping. Mr. Haws responded that in order to keep the driveway length short, they have positioned the house as far to the left as possible in order to leave the rest of the site vacant for a