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Ms. Decker presented the following additional notations to the conditions of approval: <br />1. With respect to the parking stalls on the Bernal side, language would be modified to add <br />"subject to the review and approval of the Planning Director and the City Engineer. " <br />2. Condition No. 39 of Exhibit E requires wheel stops in the parking areas, which was an <br />older standazd. Home Depot had requested not to have them as they could be considered <br />as trip hazazds and they captured more debris, making it more difficult to clean the site. <br />She requested a recommendation to the Commission to consider removing the <br />requirement for wheel stops. <br />3. Condition No. 41 of Exhibit E was a lengthy backflow prevention, which was shortened <br />in an effort to provide clarity; the current condition would be inserted. <br />4. All language referring to "retention" in Exhibit E should be changed to "swale." <br />Commissioner Olson seconded the motion. <br />Commissioner Blank proposed an amendment that the noise level not exceed 60 dBA at the <br />plane of the property prior to 8:00 a.m. or after 10:00 p.m. <br />Commissioners Pearce and Olson accepted the proposed amendment. <br />Ms. Decker noted that as in the past, language would be added that the noise level meet the <br />requirements of the Pleasanton Municipal Code Noise Ordinance. <br />In response to an inquiry by Acting Chairperson Fox regazding what would happen if no building <br />permits were pulled and the land was sold in five years, Mr. Pavan replied that if no permits were <br />pulled within a yeaz, the approvals would expire. The Code allows for design review approvals <br />two one-yeaz extensions, for a total of three years. <br />Commissioner O'Connor proposed an amendment to condition a parking analysis for any <br />parking intensive uses with zoning certificate and/or business license applications to ensure <br />that there was adequate parking to accommodate future uses. <br />Ms. Decker noted that was a current planning practice to accommodate more pazking for <br />intensive uses. <br />Commissioner O'Connor wished to address further traffic mitigation on Valley Avenue. <br />Commissioner Blank inquired whether additional traffic mitigation fees could be required if the <br />traffic mitigation measures did not work. Ms. Decker replied that would not be possible and that <br />mitigations would be based on the current traffic analyses. <br />Ms. Hatryman noted that this addressed a nexus between the money the City could exact from <br />the project based on the traffic study and that it was not subject to negotiation. <br />PLANNING COMMISSION MINUTES December 13, 2006 Page 18 of 26 <br />