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CCMIN021704
City of Pleasanton
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CCMIN021704
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CITY CLERK
CITY CLERK - TYPE
MINUTES
DOCUMENT DATE
2/17/2004
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CCMIN021704
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looked at on its own merits and Council could decide where within that range it is <br />allowed to be. Staffnever did not believe that a project should be approved that would <br />allow more density than what the maximum number of units are in the North Sycamore <br />Specific Plan, which is two units per acre. <br /> <br />Mayor Pico opened the public heating. <br /> <br /> Peter MacDonald, 400 Main Street #210, attorney for the applicant, stated that in <br />1996, the Hafkers bought a lot within the North Sycamore Specific Plan area. The lot is <br />designated low density residential, 15,000 square feet. He noted that there were changes <br />in circumstances as development proceeded in th/s area, and Sycamore Creek Way was <br />actually developed further north. A portion ora lot, south of Sycamore Creek Way, was <br />deeded to the Hafkers increasing the size of their lot. The Moreira property was <br />originally going to have a roadway for the cul-de-sac lots, which encountered resistance <br />from Greenbriar and, ultimately, the Moreiras ended up with a private road. The <br />Morieras and the Hafkers worked out an arrangement where there would be easement <br />rights to the private road by the Hafkers. As a result of the changing circumstances, it is <br />possible to create three lots on the Hafker parcel, which by far meets the North Sycamore <br />Specific Plan standards and has all of the required street frontage and access. He <br />mentioned that the Moreiras have an approved parcel map. No one disputes that the three <br />lots exceed the 15,000 square foot Specific Plan standard. The only issue before Council <br />is whether certain words in the North Sycamore Specific Plan override the land use map <br />and pull the rigid requirement that the Hafker parcel not exceed a density of two units per <br />gross acre. It also means not including either of the adjacent streets. The disputed words <br />are "development in this district is generally intended to conform with a gross density of <br />two units per acre." The proposed Hatlcer subdivision generally does conform with a <br />gross density of two units per acre. This is not a case where staffin its interpretation is <br />overly literal in applying the words of the Specific Plan. In this case, staff's <br />interpretation is internally inconsistent with the land use map. To reach that result, one <br />would have to ignore at least four plain English readings of the quoted intent clause that <br />is plausible and consistent with the land use map. The most plausible is that the intent <br />clause is descriptive of the land use map. Also plausible is that "generally intended to <br />conform with a gross density of two units per acre" would include half of the adjacent <br />street. In other words, when one figures gross density in planning, one would include <br />half of the adjacent street. He pointed out that another plausible way to interpret the <br />clause would be that two 17,000 square foot lots are more consistent with the Noah <br />Sycamore Specific Plan vision and the surrounding homes than are 34,000 square foot <br />lots. He believed that a clause that intended to override the North Sycamore Specific <br />Plan land use map would never be phrased "generally intended to conform to." Staff <br />presented the General Plan argument this evening, and he believed that the General Plan <br />was intended to mean two units per acre. He provided a general quote from the General <br />Plan in which it refers to Specific Plans. "All properties lying within the boundaries of a <br />Specific Plan area are subject to the land uses, density, public improvements and other <br />requirements specified in the Specific Plan prepared for that area. The land uses, <br />densities and street alignments shown in the General Plan map within those areas are <br />conceptual only and may change subject to the outcome of the Specific Plan. The <br /> <br />Pleasanton City Council 24 02/17/04 <br />Minutes <br /> <br /> <br />
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