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Lee Henderson, 2870 Foothill Road spoke. He explained the three entrances <br />to his property with relationship to the proposal shown on the map. Com- <br />missioner Jamieson asked about the asphaltic berm and he stated he under- <br />stands that this is a substitute for curb. Mr. Dunkley confirmed this was <br />the case. Mr. Dunkley explained the security gate operations. Mr. Henderson <br />said that concerning No. 10 it would be difficult to bring up a fire truck <br />on the yellow road. Further he said he sees no reason for granting a bonus <br />for density. He stated the applicant is suggesting the Ravine be considered. <br />Mr. Henderson explained why it should not be considered. <br />Mr. Henderson read the duties of the Planning Commission and urged the Plan- <br />ning Commission to follow the guidelines set forth thereon. He further said <br />that Boatright and Long could have developed more 1Qts than they have, using <br />the equation proposed by Mr. Dunkley for his development. Mr. Henderson <br />addressed paybacks with relationship to lot value times total number of lots. <br />Mr. Henderson took issue with the Mitigated Negative Declaration and Initial <br />Study. He said it is not up to date and that if any project required an <br />EIR, it would be this one. Mr. Henderson reviewed comments from the Initial <br />Study. Further he stated that no citizen in the City of Pleasanton deserves <br />preferential treatment, i.e., Dunkley more density that Boatright or Long. <br />Mr. Dunkley of Castlewood Properties, Inc. rebutted the statements made. <br />Mr. Dunkley agreed with Mr. Henderson on Item #13. He said Condition No. 68 <br />is being modified to accommodate this concern. Mr. Dunkley said that WIS is <br />a benchmark and to be used as a guide. He said flexibility is built into the <br />law to allow the proposed development and further that they have not gone <br />against the ordinance. He stated they were granted a variance allowing open <br />space. Mr. Dunkley explained using visual aides. He said Dr. Long was also <br />granted a variance for open space and further that that particular property <br />was general planned only as open space whereas their proposal is general <br />planned low density residential and open space and that they are complying <br />with that land use designation. He said Boatright was granted a density <br />adjustment. <br />The public hearing was closed. <br />Commissioner Jamieson asked Mr. Harris to comment on the project in total. <br />Mr. Harris complied. Commission Jamieson asked what would be done if <br />Castlewood Properties, Inc. were approved with relationship to Longs' and <br />Boatright property. He wanted to know what would stop them from coming in <br />and asking for a modification to their HPD. Mr. Swift explained that this <br />is a legislative decision concerning one site and that the other two prop- <br />erties were independent legislative decisions; each one made separately. <br />He further said that to allow a density adjustment findings would have to <br />be made as to unusual circumstances, i.e., topographic features. <br />Commissioner Jamieson said perhaps the ordinance needs revision but action <br />is required for this particular case. Mr. Harris stated that currently <br />there is no other vacant property in the City zoned HPD. <br />Commissioner Jamieson asked about precedence setting. Mr. Swift stated <br />precedence would only be set if a second person came in. He said one could <br />say Dr. Longs project is precedent setting. He said it is preferred to <br />look at each of these development .approvals as independent acts. He said as <br />-5- <br />