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Ms. Seto noted that there is a precedence that members who abstain from a vote for reasons of a conflict r' are included for the purposes of determining a quorum. Mr. Plucker referenced a report dated January 12, 2000 and highlighted key areas contained in the report. Mr. Plucker noted that staff's recommendation is that the Commission deny SP A-99.0 1 and PUD-99-16 based upon the fmding that it would be incompatible with the agricultural operations conducted at the adjacent Foley Ranch corral. PUBLIC HEARING WAS OPENED David E. Harris, 1331 N. California #500, Walnut Creek, representing the Fagliano's, commented on the history of the property and requested that the Commission right a wrong to the Fagliano family of granting the Foleys the right to dictate the use of adjacent property. He noted that many of the property owners were given numerous lots and that the Foleys objected to subdivision oflots due to impacts on the Foley Ranch. He noted that 189 units are approved for the Vineyard Corridor and requested that 190 units be approved with the additional lot being allocated to the Faglianos. He noted that the addition of one unit will not affect the development. He commented on the County of Alameda's prior history with this property and noted the County's decision in 1984 has no bearing on the Commission's decision. He stated there are two proposals before the Commission to allow the Fagliano property one additional unit, and he noted that either alternative is acceptable to the Faglianos. He stated that the Faglianos would be willing to provide reasonable mitigation to the property, such as fences or vegetation, to gain the benefit enjoyed by their neighbors. Mr. Harris noted the importance of the Fagliano's gaining this one additional parcel. He noted that the Foleys desire to be in a position to preserve the economic value of their property, while eliminating any additional economic value to the Fagliano property. In conclusion, he requested that the Commission adopt the proposal. r- In response to an inquiry from the Commission, Mr. Harris stated that the Fagliano property is five and a half acres, which would be split into two lots of2.5 acres each. PUBLIC HEARING WAS CLOSED Dianne Masluk, 924 Mendenhall Drive, Livermore, daughter of Leonard Thibault, stated that her parents purchased this property to build a retirement home and two additional homes for her and her sister. She commented on the history of the property and annexation process that took place. She stated that she is not aware of any problems with the cattle operation. In conclusion, she requested her father be able to realize his dream to build a home on the property. Paul Fagliano, 1364 Vineyard Avenue, noted his desire for the lots that were originally promised in the original plan. He noted that at the last minute he was advised that he would not receive the lot split and inquired as to the reasoning for that decision. He noted that he works two jobs, one being on a cattle ranch, and he does not agree that homes will effect the Foley's cattle ranching operation. He noted that there are three other parcels, which will contain homes adjacent to the Foley property. In response to an inquiry from Commission Arkin, Mr. Fagliano noted he would not have a problem with berms being installed on the property. Mr. Fagliano requested that he be treated as fairly as his other neighbors. r PLANNING COMMISSION MINUTES January 12, 2000 Page 6