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ATTACHMENT 4 EXHIBIT C PUD-99-01~ Mardel L.L.C./Lemoine Property Application for PUD development plan approval for 12 new residential lots, one existing residential lot with an existing second unit, and open space located at 4456 Foothill Road. Zoning for the property is PUD-LDR/RDR/A (Planned Unit Development-Low Density Residential/Rural Density Residential/Agriculture) District and West Foothill Road Overlay DistricL The Planning Commission will also consider the Negative Declaration prepared for the project. Mr. Plucker referenced a staff report dated September 8, 1999 and highlighted key areas contained in the report including background information, project description, site grading plan and utilities, tree report, wildlife survey, access/circulation/traffic parks, fire services, school services, fencing, landscaping, West Foothill Road Corridor Overlay District Requirements, and the Growth Management Prograna. Mr. Plucker commented on the modifications to the conditions including deletion of Condition No. 88, preservation of Condition No. 89, and modifications to Condition No. 139. In conclusion, Mr. Plucker noted that staff's recommendation is to find that the project would not have a significant effect on the environment and adoption of a resolution approving the draft Negative Declaration; to make the PUD findings for the proposed development plan as listed in the staff report; and, approve Case PUD-99-01 subject to the conditions listed in Exhibit "B," including deletion of Condition No. 88, preservation of Condition No. 89, and modifications to Condition No. 139. Commissioner Kameny requested clarification from staff relating to the deceleration lane heading southbound on Foothill Boulevard, a designation for a left-hand turn lane, and location of trees to be removed. He requested an enlarged version of the pad elevations, topography lines, and landscaping plans. Comxnissioner Maas requested clarification relating to the alignment plan for Foothill Road, timeline for the realignment, landscaping on median strip on Foothill Boulevard in front of Foothill High School, the possibility of recommending to the City Council that the landscaping on Foothill Boulevard be performed all at one time when the City is able to allocate funding, and placement of stucco on buildings. Commissioner Sullivan requested clarification from staff relating to the changes to the easement and access points to the park. Chairperson Roberts requested clarification from staff relating to setbacks for Lot 10, the homeowners' association responsibility for landscaping maintenance, and the buttress behind Lots 2 and 4 and the effects on the landscaping. Commissioner Maas inquired as to whose responsibility it is to underground utilities. PUBLIC HEARING WAS OPENED Phil Rowe, applicant, 1544 Arbutus Drive, Walnut Creek, noted that barbed wire will replace existing barbed wire on the north end of the property for the park district, and that the purpose for the barbed wire is due to the Park District's cattle that graze. He noted that the project is designed below the mid-point range of the General Plan, that the applicant is proposing 83 24-inch-box trees to be planted around the property, and that the property is relatively flat. He noted that the applicant is donating $145,000 to the park district for the West Las Positas entrance to the park and will be utilized for signalization, a left turn lane, and a deceleration lane. Further, that the applicant is required by Measure F to provide three parking spaces as a staging area access and that the applicant felt it more appropriate to work with the Park district to EXCERPTS: PLANNING COMMISSION MEETING MINUTES, September 8, 1999 Page 1 of 6