Staff briefed the commission on a variance (VAR2025033) for property known as the Berkshire at 3066 E. Joyce Blvd. The request would allow a grading permit on a parcel whose development entitlement has expired so soil/fill could be transported and used on a nearby school property, subject to conditions.

Staff said the three‑zoned parcel (CS, NSG, RI‑12) totals about 8.77 acres; it was previously approved under a development entitlement that has lapsed. The applicant seeks a grading permit to move material to avoid off‑site hauling. City standards generally prevent grading without current development entitlement to avoid speculative clearing. Staff recommended approval of a limited variance with guardrails, including compliance with a previously proposed tree‑preservation easement, erosion and sediment controls, fencing and other typical grading permit conditions to prevent broad, speculative disturbance.

Commissioners asked whether the entitlement had expired (staff confirmed it had) and whether the applicant had committed to returning for renewed entitlement later; staff said they had only indicated an intent to come back but no timeline. Staff and engineers emphasized that the variance would allow only the limited grading described in the application and not broader development entitlement. Staff recommended conditions that preserve canopy above minimum thresholds so mitigation plantings would not be necessary if canopy is maintained to the required levels.

Commissioners also asked whether the city or staff had initiated the request; staff said the request appeared applicant‑driven and likely tied to engineering coordination rather than a city initiative. The agenda‑setting session did not include a formal motion or vote; staff will carry the recommendation and conditions to the commission’s regular meeting for formal action.