PC 11/21/83 - Laserfiche WebLink

MINUTES PLANNING COMMISSION November 21, 1983 Page 7 Mr. Baker asked if Government Codes 65864/65 have been tested in court. Mr. Swift said no, at least in the appellate court. Mr. Baker made reference to Page 12 "...subject to all... codes, etc." He said that Pleasanton Today and Tomorrow has 1500 person's signatures on their petition. He further said the time is near where the City is going into an election and he would recommend the development agreement be put off until after that. Proponents Joe Callahan, Callahan-Pentz Properties, stated they have read the staff report and agree with it. He felt that a development agreement gives the City greater control over Hacienda Business Park and removes uncertainties and provides the City with a performance guarantee and as a result all mitigations necessary are done. The only thing it does is to provide vested rights in subdivision agreements that exist insuring the project can be developed in accordance with the previously approved PUD. He said it is important to note that the City and developer can amend the agreement if they mutually agree. He reviewed the mitigation measures that have taken place to date, i.e., soundwalls, widened roads, etc. Jack Swanson, Prudential, stated he did not want to reiterate all of Joe Callahan's comments, but supports them totally. He said all of the conditions of the PUD are still in full force and effect and this doesn't change any of the conditions of the PUD. They still cannot get building permit approval until such time as all mitigations for a particular project are dealt with. Rebuttal Bob Pearson indicated his concerns are not particularly with regard to mitigations but rather the unforeseen situations which no one can anticipate. Joe Callahan, said it is important to note that the entire planning process includes the California Environmental Quality Act which has changed things drastically over the past 25 years. The process of planning has been considerably improved. The property on which they are building was industrial in the early 1960's, 1969, 1974 and 1976 and remains industrial to this date. He stated their plan has been done to the highest degree of professional planning and enables everyone to know what will happen in the next 25 years with regard to the plan. The public hearing was closed. Mr. Swift stated that the agreement can be changed upon mutual agreement; the City has directed the staff and developers to put this agreement together and will be heard by the Council on November 22, 1983. Concerning Mr. Pearson's concerns with sewer capacity not being available, there is a specific condition in the PUD which does not guarantee the availability of sewage capacity and the developer is totally aware of it. -7-