PC 07/16/99 - Laserfiche WebLink

With regard to Issues #3 and 4 of the "straw vote," Mr. Grote stated that the number of units are linked to everything else. He advised that the applicant is prepared to go forward and work closely with staff and the Council and come back with a set of changes to the plan that will reduce the overall numbers. He commented that the product mix is difficult and at this point the applicant does not have a recommendation. PUBLIC HEARING WAS CLOSED Chairperson Kumaran advised that the tabled motion to deny the certification of the EIR is before the Commission for consideration. Commissioner Roberts asked Mr. Swift to give his opinion of the fastest way to get the study of the site completed, given the options available. Mr. Swift responded that there are several possible ways to proceed. He explained that if the Planning Commission requires a study before certification of the EIR and San Francisco wants to move rapidly forward and get back to the Planning Commission for action, they will have to do the study. He noted that the process, including reviewing and analyzing the study, and processing the study as an addendum to the EIR (if necessary) could take up to five or six months. He advised that San Francisco could elect not to do the study at all and not proceed with the Pleasanton plan, or that if the Plarming Conunission did not certify the EIR, San Francisco could appeal to the City Council. Mr. Swift further advised that this is the opportunity for the Planning Commission to establish conditions of approval to mitigate impacts. He noted that one condition currently in the plan states that a study has to be done prior to certain things happening. It does not say prior to a particular date. The Planning Commission could change that condition to say the study must be done within "x" number of days of approval. If San Francisco did not comply, it would be in violation of the conditions of approval and all agreements would be invalid. Discussion ensued regarding how the condition could be written as to not be left "open-ended." Discussion ensued regarding the agencies that have jurisdiction and responsibility (including financial responsibility) for the property with regard to testing and clean-up. Commissioner Sullivan asked if the EIR is certified now and some kind of project is approved, when would the actual testing occur. Mr. Swift advised that once the PUD and Specific Plan are approved, a Village Center PUD, the final development plan and grading plan for the golf course, and the vesting tentative map must be approved prior to annexation. All of the studies identified in the EIR as mitigation measures must be completed by the vesting tentative map stage. Commissioner Sullivan asked if something is found on the site after the Planning Commission certifies the EIR, how would it occur that a subsequent EIR is required and how does the reopening of the CEQA process happen. Mr. Swift advised that initially the staff makes that determination, but ultimately it is the Planning Commission's determination. He noted that every staff report has a section on environmental assessment. He stated that if something is found on a project property that wasn't expected, subsequent CEQA process would be needed. It could be a Negative Declaration or PLANNING COMMISSION MINUTES Page 8 July 16, 1999