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Greg Smith, 4943 Foothill Road, urged approval of his <br />application. He indicated he would be willing to work with staff <br />with regard to the design of the fence. <br />Mr. Smith discussed Condition No. 2 with regard to school impact <br />fees and asked that it not apply retroactively to his development <br />as it would be unfair to have to pay a fee for a house that is <br />built and sold as there is no way to charge back the fees. <br />Mr. Swift said this condition could be eliminated because the <br />project is in the Murray School District. Commissioner <br />Michelotti asked about the appropriateness of doing this. Mr. <br />Swift indicated at some point Murray School District could make a <br />finding of overcrowding. Mr. Swift said staff has no objection <br />to eliminating the requirement of the fee being paid <br />retroactively. <br />Commissioner Michelotti asked how many homes will be visible from <br />Foothill Road. Mr. Swift felt probably one would be depending on <br />whether or not the home is a single-story. <br />A motion was made by Commissioner Innes, seconded by Commissioner <br />Michelotti that the Negative Declaration prepared for Tract 5521 <br />be adopted inasmuch as project approval would have an <br />insignificant adverse effect on the environment. <br />ROLL CALL VOTE <br />AYES: Commissioners Hoyt, Innes, Michelotti, and Chairman <br />Lindsey <br />NOES: None <br />ABSENT: Commissioners Berger and Wellman <br />ABSTAIN: None <br />Resolution No. 2811 was entered and adopted approving the <br />Negative Declaration for Tract 5521 as motioned. <br />A motion was made by Commissioner Innes, seconded by Commissioner <br />Michelotti to approve Tract 5521 subject to the conditions of the <br />staff report as this proposed subdivision conforms to the General <br />Plan of the City of Pleasanton, amending Condition No. 2 so that <br />it will not apply retroactively and Condition No. 4 shall be <br />clarified so that the outside of the soundwall shall duplicate <br />the existing fencing of the area. <br />ROLL CALL VOTE <br />AYES: <br />NOE5: <br />ABSENT: <br />ABSTAIN: <br />Commissioners Hoyt, Innes, Michelotti, and <br />Chairman Lindsey <br />None <br />Commissioners Berger and Wellman <br />None <br />Resolution No. 2812 was entered and adopted approving Tract 5521 <br />as motioned. <br />- 7 - <br />.r <br />