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THE CITY OF Planning Commission <br /> % ' Agenda Report <br /> mom 2:2t <br /> LEASANTON© March 13, 2019 <br /> Item 6.b. <br /> SUBJECT: P18-0050 <br /> APPLICANT: City of Pleasanton <br /> PROPERTY OWNERS: Various <br /> PURPOSE: Receive public and Planning Commission comments on the Draft <br /> Environmental Impact Report for the Downtown Specific Plan <br /> LOCATION: Downtown Specific Plan Area <br /> GENERAL PLAN: Medium Density Residential; High Density Residential; <br /> Retail/Highway/Service Commercial, Business and Professional <br /> Offices; Public and Institutional; Parks and Recreation; Public <br /> Health and Safety; Wildland Overlay <br /> ZONING: Agricultural District; Central-Commercial District; Freeway <br /> Interchange Commercial District; Service Commercial District; <br /> Office District; Planned Unit Development District; Public and <br /> Institutional District; One-family residential districts including: <br /> R-1-20,000, R-1-6,500, Multi-family residential including <br /> RM-4,000, RM-2,500, RM-2,000, RM-1,500 <br /> EXHIBITS: A. Downtown Specific Plan Draft Environmental Impact Report, <br /> February 1, 2019 (previously distributed, and available on-line at <br /> <br /> B. Downtown Specific Plan Public Review Draft, November 2018 <br /> (previously distributed, and available on-line at <br /> <br /> BloblD=32941) <br /> C. Notice of Availability <br /> STAFF RECOMMENDATION <br /> Staff recommends that the Planning Commission review the Draft Environmental Impact <br /> Report, provide comments, and receive comments from the public on the document. <br />balloons, banners, pennants, or other attention-getting devices be <br /> utilized on the site for this large family day care home. <br /> 14. This approval will lapse one (1) year from the effective date of approval unless the <br /> applicant receives a business license for the large family day care home. <br /> 15. To the extent permitted by law, the project applicant shall defend (with counsel <br /> reasonable acceptable to the City), indemnify and hold harmless the City, its City <br /> Council, its officers, boards, commissions, employees and agents from and against any <br /> claim (including claims for attorneys fees), action, or proceeding brought by a third party <br /> against the indemnified parties and the applicant to attack, set aside, or void the <br /> approval of the project or any permit authorized hereby for the project, including (without <br /> limitation) reimbursing the City its attorneys fees and costs incurred in defense of the <br /> litigation. The City may, in its sole discretion, elect to defend any such action with <br /> attorneys of its choice. <br /> P18-0314, 3149 Chardonnay Drive Planning Commission <br /> Page 2 of 2 <br />erally do not contribute to the noise environment in a constant and <br /> continuous way that would support a Code Enforcement action. While one could imagine an <br /> extreme example of a situation where human voices would be considered to violate the <br /> Noise Ordinance (e.g., a stadium filled with people adjacent to a residential district, or loud <br /> recreational activities in the middle of the night), groups of children playing outside during <br /> daytime hours do not generally rise to the level of a violation because this noise resembles <br /> that associated with a typical residential household with young occupants. However, the use <br /> of mechanized equipment (e.g., musical instruments, amplified speakers), whether a part of <br /> a home day care or a single-family residence, could violate the City's noise standards. Such <br /> equipment is not proposed as part of this application. Therefore, the proposed Large Family <br /> Day Care would not exceed the thresholds in the Noise Ordinance for residential properties. <br /> The Noise Element of the General Plan identifies land use compatibility standards for <br /> different land uses. For instance, noise levels between 60 and 75 decibels on the day-night <br /> equivalent level (Ldn) are considered conditionally acceptable in single-family residential <br />