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THE PUBLIC HEARING WAS CLOSED. Chairperson Maas suggested that staft'investigate the blind corner Commissioner Roberts believed that the median on Sunol Boulevard was meant to control traffic into the site and was planned. Wes Jost concurred. Chairperson Maas inquired whether the shared cost of undergrounding and the color of the roll-up doors could. be worked out with staff Ms. Nerland advised that the problem with deferring payment past the time when entitlements are received would be the collection o£the £unds_ in speaking with the Development Services Manager, staff would he comfortable with deferring from Building Permit to Certificate of Occupancy. The City would not like to defer the payment beyond that. With respect to the trees, Commissioner Arkin believed that this applicant should be made to make the payment to the Forestry Fund as other applicants must. 7n response to an inquiry by Commissioner Blank whether Saturday construction would disturb the nearby residents, Ms. Decker believed that commercial sites were not typically restricted to Monday through Friday and that language for construction hours allow extension of construction when the temperature is very high. She did not believe it would be a disturbance to residents. Commissioner Blank raised concerns about changes to condition of approval 26 wanting a trait-ic study for any change of use. The applicant, Mr_ French, agreed to the original language of condition of approval 26 stating that= "The subject buildings shall not be converted to another use, including a permitted use, without prior approval by the City Traffic Engineer. Commissioner Roberts moved to feud that the proposed project would not have a slgIIlflcaIlt impact on the environment, with a finding of de miizim us impact on the site's wildlife and authorize staff to file a Notice of Determination for the project; to adopt a resolution approving the attached draft Mitigated Negative Declaration for the project; make the conditional use permit findings as listed in the staff report; and approve G'ase- PCUP-133/PDR-440 subject to the conditions of approval as listed in Exhibit B, with the additional conditions that staff work with the applicant to find a compatible color for the doors, that the applicant work with staff on the timing of the pro rata share of the undergrounding ; and that the applicant contribute $58950 to the City's Urban Forestry Fund for the removal of the trees. There would be no change to condition of approval 26 listed in Exhibit B. Chairperson Maas seconded the motion. Commissioner Anne Fox suggested an amendment to the motion limiting the hours of construction. Commissioner Roberts did not accept that amendment. PLANNING COMMISSION MINUTES August 10, 2005 Page 15 of 19