21 ATTACHMENT 05 - Laserfiche WebLink

If a complaint is received or if staff finds that any condition of approval is being violated, we would first contact the responsible party, explain the requirement, and ask for compliance. After one or two `friendly" reminders, staff would write a letter of violation and formally request compliance. If the complaint is still not resolved and ongoing violations are noted, then .staff has two courses of actions: citations and fines and/or referral to the Planning Commission for review. The Planning Director will agendize a request to modify the approval after, based upon the record, the following ai^e evident: 1) that there have been on-going complaints; 2) that the complaints pertain to a violation of the development's conditions of approval and/or the Pleasanton Municipal Code; 3) that it is clear that the property owner and/or the on-site monitoT^ are unwilling and/or unable to abate in a timely manner the situation causing the complaint; 4) that the City has pursued all other reasonable means to have the complaint abated; and, 5) that the only remedy is modification of the appT^oval which could result in placing additional conditions on the use permit. If the property owner/tenants still do not come into compliance, the City would file a civil action mandating compliance; it i~~ould be up to the court to fashion an appropriate remedy which ~~~ould include fines, etc. • Identify rules for subletting Hoene Depot space to other businesses. A request to sublet the Home Depot building to a single business or multiple businesses would be reviewed by the Planning Department for conformance to the approval and with the allowed uses in the PUD. A conditionally allo~~~ed use, e. g. a grocery store, would require a new conditional use permit approval by the Planning Commission. Given the ~°elatively low trip generation i^ate of Home Depot, a new traff c analysis may be required for some uses which are higher traffic generators. A new design review application would be required for any building where changes are proposed to the building facade. Table 5, Comparison of the A.M./P.M. Trip Generation Rates for Various Land Uses, pp 25-26 of the Planning Commission Staff Report, City of Pleasanton, dated December ] 3, 2006 and the Supplemental Traffic Analysis prepared by Kimley-Horn and Associates dated September 26, 2007, pp 15-26. Other: • List the cities where a Home Depot is located at least 3 miles from a freeway/highway/expressway onratnp. Further than 2 miles away. Less than 1 mile away. Hoene Depot There 1~~as some confusion on this question since some streets which ~~-ere technically "highways "were missed; distances ~~~ere measured from fi^eeN~ays with on-ramps. Most stores arel -2 miles away. The proposed store would be 2.3 miles frrom I-580 "as the crow flies" and 2.9 miles as traveled on city streets. 13