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Vice-Mayor Pentin said he had the same concerns over trail access. He acknowledged that the north side is not developed, nor is its development called for in the Trails Master Plan, but noted that the future residents of the project are not here to voice their opinions. He asked what sort of process it would entail to obtain direct access in the future if the trail should open. Mr. Dolan said it would typically be a minor modification. However, due to the level of public interest staff it is likely such a decision would be appealed and have to come before the Council as part of a major modification. Vice-Mayor Pentin asked if the Council could condition the approval such that it would not require a major modification but still allow for the public hearing process. Mr. Dolan clarified that the only difference between a major and minor modification is that the latter is done at the staff level whereas the former comes before the Council at a public hearing. City Manager Fialho suggested that this could be accomplished in one of two ways. One would be to wait for the discussion to occur at some point in the future. The other would be to reflect, in the Conditions of Approval an intent that the city may consider a major PUD modification in the event the north side trail were to open in the future. Councilmember Narum echoed her appreciation for everyone's willingness to work together in achieving a compromise, particularly for the mitigations to neighbors' concerns, as well as the universal design component. She said that while she supported a public hearing process to discuss direct trail access at some point in the future, she did not support doing so through the minor modification process. She asked that Condition of Approval No. 44(c) be amended to reflect a 9 a.m. start time on Saturdays. Councilmember Brown congratulated the citizens for their early involvement in the project, which ultimately yielded a considerably better product. She thanked Summerhill for embracing the Pleasanton way of doing business and supporting universal design throughout the majority of the project. She also thanked the applicant for paying more than the required minimum School Impact Fees and adjusting construction hours on Saturday. She appreciated that the landscape plan includes 15 gallon Sumacs, which are fast growers. She acknowledged Mr. Natsch's desire for an eight foot masonry wall but noted that the additional two feet would only increase sound absorption by one or two decibels. She said she was long of the opinion that no project would appropriately complement the area and is please to see something that both she and the public can endorse. Mayor Thorne reiterated his appreciation for everything the applicant and neighbors have done to make this a better project and said it is a wonderful tribute to all who were involved. MOTION: It was m/s by Narum/Brown, to approve the staff recommendation, with the Conditions of Approval modified to reflect the amended start time for Saturday construction and direction that any discussion regarding direct trail access occur through the public hearing or major modification process; to introduce and waived first reading Ordinance No. 2090 approving a Planned Unit Development to demolish the existing office building and construct 177 apartment units and related site improvements on a 5.9acre site located at 5850 West Ls Positas Boulevard in Hacienda Business Park; introduce and waive first reading of Ordinance No. 2091 approving a Development Agreement; waive full reading and adopt Resolution No. 14-664 approving an Affordable Housing Agreement; and waive full reading and adopt Resolution No. 14-665 a Growth Management Agreements. Motion carried by the following vote: Ayes: Councilmembers Brown, Cook-Kallio, Narum, Mayor Thorne Noes: Councilmember Pentin Absent: None City Council Minutes Page 8 of 18 March 18, 2014