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Mr. Otto indicated that the condition could be modified to add the verbiage "in plain <br /> language" and to address the possible impacts of whistles and vibration. <br /> Commissioner Pearce requested confirmation that there are 20 trees, including <br /> 12 heritage trees, which are proposed for removal, that the trees intended to be <br /> preserved are the two along in the Union Pacific Railroad corridor, that the project is not <br /> subject to the inclusionary housing ordinance because it has less than 15 units, and <br /> that, therefore, in-lieu fees will not be paid. <br /> Mr. Otto stated that Commissioner Pearce's tree figures were correct and added that if <br /> the project were at 15 urits or more, the developer would be required to provide at least <br /> 20 percent of the units at the affordable level. <br /> Chair Olson commented that as far as marketability, he could see healthy seniors who <br /> can climb stairs and waft; to the Downtown, as well as a young family, wanting to <br /> purchase the homes. <br /> Commissioner Blank moved to find that there are no new or changed <br /> circumstances or information which would require additional CEQA review of the <br /> project and that the proposed PUD rezoning and development plan are consistent <br /> with the General Plan and Downtown Specific Plan; to make the PUD findings for <br /> the proposed development plan as listed in the staff report; and to recommend <br /> approval of Case PUD-82, subject to the Conditions of Approval listed in Exhibit A <br /> of the staff report, with the modifications that: (1) the applicant work with staff to <br /> determine the tree species that would ensure appropriate tree sizes and to <br /> maximize shading; (2) the fencing material be con-heart redwood; (3) plain <br /> language be utilized in the disclosures and restrictive covenants; and (4) train <br /> whistle noise and vibration be included in the train disclosure. <br /> Commissioner O'Connor suggesting including for the record that the project fits with the <br /> zoning and Specific Plan fcr the Downtown Specific Plan as amended a couple of years <br /> ago, and that the Pleasanton Downtown will see higher density housing going forward. <br /> Commissioner Blank noted that the applicant was very articulate when he stated that <br /> these types of infill projects are tough. He indicated that he likes the idea that, while <br /> technically not affordable housing, these units may be affordable. <br /> Commissioner O'Connor agreed, stating they may be considered affordable by design <br /> because of the number of units that can be developed per acre. <br /> Chair Olson added that Dovvntowns do better with higher densities. <br /> Commissioner Blank inquired if there were any concerns by staff regarding the <br /> construction duration of :he project, such as constructing the houses in phases, and any <br /> impacts it may have on the surrounding neighborhood 3. <br /> EXCERPT: PLANNING COMMISSION MINUTES, September 15, 2010 Page 7 of 9 <br />