PC 062806 - Laserfiche WebLink

~ In response to an inquiry by Commissioner Peazce regazding the eminent domain issue regazding the sidewalks and streets, Ms. Harryman stated that the property that will be used to construct the sidewalk portion is within the publicright-of--way. Therefore, there would be no need for eminent domain. Improvements that currently exist in the public right-of--way aze not uncommon. There were certain easements in the back of some properties, which generally require that the property not put in any improvements that would conflict with the City's use of the right-of--way. Mr. Grubstick stated that based on information received from the applicant's engineer, the existing edge of pavement on the north edge of Cameron Avenue is not the right-of- way line. The right-of--way line is 2.5 feet northerly of the existing edge of pavement, and staff believed that while there were private improvements that occur along that strip, they occur within the existing public right of way. Therefore, the City believed that a 4.5-foot wide sidewalk maybe accommodated. Chairperson Arkin encouraged Mr. Ketell to contact the Planning Department regazding any inadequacies in the minutes. Commissioner Fox moved to: (1) make the finding that the project would not have a significant effect on the environment and recommend that the City Council approve the Negative Declaration for the project; (Z) make the finding that the project has a De Minimus impact on the site's wildlife; (3) make the finding that the proposed rezoning and PUD development plan are consistent with the General Plan and the purposes of the PUD ordinance; (4) make the PUD findings as listed in the staff report; and (5) recommend that the City Council approve PUD-50, subject to the conditions of approval as listed in Exhibit B of the staff report, as recommended by staff, with the following modifications: 1. Modify Condition No. 4 to allow only single-story homes on Lots 4 through 10 adjoining the Palmer Drive properties; on Lots 18 through 22 adjoining the Leuthauser and Diablo Court properties; and possibly on Lots 25 and 26. 2. Modify Condition No. 21 to include the eastern project boundary in the installation of the seven-foot tall masonry wall and to discuss the possibility of using a wood fence in place of a masonry wall, depending on each property. 3. Modify the first sentence of Condition No. 28 to read as follows: "The project developer shall survey the heights of the structures to verify their e~ Hera[ conformance to the approved building height " 4. Modify Condition No. 34 by adding to the first disclosure that the Zone 7 lake is a reclaimed Kaiser quarry pit and to include a disclosure on airport noise issues in relation to the Livermore Airport. 5. Modify Conditiou No. 33 to include electrical conduit and pull strings for the photovoltaic readiness. Commissioner Olson seconded the motion. Ms. Harryman stated that on page 5, the applicant should be referred to consistently as ~ the applicant or the project developer. PLANNING COMMISSION MINUTES June 28, 2006 Page 24 of 26