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21
City of Pleasanton
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CITY CLERK
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2007
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120407
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21
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11/29/2007 1:01:25 PM
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11/29/2007 11:45:08 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
12/4/2007
DESTRUCT DATE
15 Y
DOCUMENT NO
21
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would best address Pleasanton's particular circumstances. Staff notes that the existing <br />Home Depot store on Johnson Drive does not have a pattern or history of violations of <br />conditions of approval or of serious violations of City ordinances. While some violations <br />have occurred from time to time, their numbers have not been excessive, and are <br />usually the result of changes in store management. The City's approach is to work with <br />businesses and to acknowledge that they desire to be responsible members of the <br />community. However, due to the potential impacts to the community if violations to the <br />conditions regarding truck deliveries occur, staff has considered ways to increase the <br />likelihood for compliance. <br />Code Enforcement and Police Department staff indicate that creating a proactive <br />position as soon as the center opens is the best way to establish on-going compliance. <br />Thus, a key aspect of the City's enforcement plan would be to devote additional <br />resources for the first few months of operation to ensure that Home Depot, other <br />businesses in the center, and vendors understand and abide by the conditions of <br />approval. To that end, the applicant has agreed to fund one-half of a police officer's <br />salary for the first year of operation. <br />Code Enforcement and Police Department staff would work together to enforce the <br />conditions of approval by monitoring the hours of delivery and routes of trucks, both on <br />city streets and at the site. Police would be alerted to the situation and would <br />supplement Code Enforcement staff during off-hours. Conditions of approval would be <br />available to the Police Department through use of its computer-assisted dispatch <br />process to inform its officers of the pertinent conditions of approval. Police officers <br />would pull over commercial vehicles using city streets to determine compliance with the <br />conditions of approval, and Code Enforcement Officers would follow trucks to the center <br />and would cite the driver and/or the offending business. In addition to citations of up to <br />$1,000, Home Depot or other businesses would be subject to the City's administrative <br />hearing process whereby they would be given two or three warning letters, leading up to <br />an administrative hearing where additional fines and other compliance conditions could <br />be imposed. <br />Another enforcement tool is available through the conditional use permit process. If <br />persistent violations of conditions of approval occur, the Planning Director would initiate <br />a review of the conditional use permit with Home Depot. When staff becomes aware of <br />violations of a conditional use permit, it will first call the business owner/manager and <br />arrange a meeting to informally discuss and attempt to achieve compliance. Usually, <br />once the business owner/manager becomes aware of the importance of complying with <br />the conditions, the issue gets resolved. However if this approach fails, staff would bring <br />the conditional use permit to the Planning Commission for a review of the use permit <br />where conditions of approval can be modified or new ones added. <br />Staff has drafted the conditions of approval so as to anticipate the issues upfront, but if <br />issues cannot be resolved as stated above or if unforeseen issues develop, then staff <br />would refer the use permit to the Planning Commission and, if necessary, the City <br />Council. Staff notes that whether issues occur or not, we have included a condition of <br />Page 10 of 14 <br />
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