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ENVIRONMENTAL ASSESSMENT Rezoning: A Negative Declaration was prepared in conjunction with the proposed rezoning application. Based on the Initial Study and Negative Declaration, the project would not have a significant effect on the environment. Design Review: Construction of a new single-family residence at 1619 Cindy Way is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15303 Class 3(a) — New Construction or Conversion of Small Structures. Therefore, no environmental document accompanies this report. Continued Use of Driveway: In January 2006, the City Council adopted a Negative Declaration for the PUD-38. The subsequent Tract Map 7534 conforms to the PUD approval. The continued use of the existing driveway will not change conditions or circumstance of the original PUD; thus, conforming to the original PUD approval. Therefore, no additional environmental document is prepared for this part of the request. CONCLUSION The proposed rezoning would bring the existing zoning into conformance with the General Plan Land Use Designation. The proposed rezoning would result in one single zoning designation for the site, and it would be consistent with the other rezoning projects in the vicinity. The modified condition to allow second story windows on Lot 7 (1635 Cindy Way) would not impact privacy of the to-be-relocated existing residence. The request to continue use the access easement by a single family home is acceptable. Choosing one of the pre-approved home models for Lot 9 (1619 Cindy Way) is sensible. It ensures compatible of the home design with the development. STAFF RECOMMENDATION Staff recommends that the Planning Commission take following actions: 1. Find that the rezoning will not have a significant effect on the environment per the attached Negative Declaration (Exhibit C); 2. Find that the proposed rezoning, PRZ-59, is consistent with the General Plan; 3. Adopt a resolution recommending approval of PRZ-59, PUD rezoning from A District to PUD-MDR District and forward the application to the City Council for public hearing and review. 4. Approve Design Review Case No. PDR-965 for the construction of a one-story home at 1619 Cindy Way (Lot 9, Tract 7534), subject to Conditions of Approval in Exhibit A-1; 5. Modify Condition No. 24 of Tract 7534 as listed in Exhibit A-2. Staff Planner:Jenny Soo,Associate Planner,925.931.5615,or email:jsoo(7a ci.pleasanton.ca.us Case No. PUD-38-03M Planning Commission Page - 12 -