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THE CITY OF Planning Commission
<br /> ea.sn % ' 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 /> https://ptowndtown.org/cega/)
<br /> B. Downtown Specific Plan Public Review Draft, November 2018
<br /> (previously distributed, and available on-line at
<br /> http://www.cityofpleasantonca.gov/civicax/filebank/blobdload.aspx?
<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
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