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<br />~ THE PUBLIC HEARING WAS OPENED. <br /> <br />Steve Neff, 1125 Tokay Court, Livermore, represented the application. He noted there is a <br />little more landscaping by the driveway than the staff report noted. He also stated the second <br />unit will have a stairway and enclosed porch. <br /> <br />In response to Commissioner Hovingh, Mr. Neff said they will be able to preserve all <br />existing trees. He added that the owner, Jack Pons, Jr., will put in the retaining wall. <br /> <br />Commissioner Horan asked Mr. Neff if any thought has been given to putting a cap on the <br />rent so as to stay in the affordable rent scale. Mr. Neff said there has been no discussion <br />about this matter, but felt with only two units there was no rea! concern. Mr. Swift <br />indicated the rent would fall within the 30 percent range of affordable income. <br /> <br />Commissioner Wright referred to Condition 7 and wondered whether that condition noting <br />one adult with children could eventually lead to problems. He was concerned that an adult <br />with six or more children might rent the unit. Chairman Mahern felt this condition is put on <br />so as to restrict the number of cars that the renter might have. Mr. Swift noted that there is <br />no restriction in this regard to the first house, but there is on the second unit. <br /> <br />Commissioner Hovingh said Condition 7 would also protect against having a number of <br />college students rent the second unit. <br /> <br />Mr. Swift noted that the Planning Commission had previously wanted this condition worded <br />as it is appears now so that it would not discriminate against a single parent. He said it <br />could be changed if they chose to do so. <br /> <br />Discussion ensued regarding Condition 7. Mr. Swift said the State law prohibits the <br />restriction of the number of people in a secondary unit. Mr. Neff said State law prohibits <br />discrimination against people with children. Mr. Ahboltin said it is the intent of the owner <br />to rent the secondary unit to one person. <br /> <br />The Commission concluded they would delete "or one adult with children" from Condition 7. <br /> <br />THE PUBLIC HEARING WAS CLOSED. <br /> <br />In response to Commissioner Horan, Mr. Swift estimated the FAR to be 35 percent. <br /> <br />A motion was made by Commissioner Hovingh, seconded by Commissioner McGuirk <br />making the required findings and approving Case UP-91-11 subject to the conditions of the <br />staff report with the following modifications: ... <br /> <br />o Delete Condition 3 as recommended by staff; <br /> <br />Minutes Planning Commission <br />May 22, 1991 <br /> <br />Page 8 <br /> <br />,. <br /> <br />- <br />