PC 031109 - Laserfiche WebLink

Commissioner Blank moved to find that the proposed development would not have a significant effect on the environment and to adopt the Negative Declaration prepared for the project; to find that the proposed development conforms to the Pleasanton Municipal Code and approve PDR-804, subject to the Conditions of Approval as shown on Exhibit A-1; and to make the findings for the Conditional Use Permit as listed in the staff report and to approve PCUP-233, subject to the Conditions of Approval as shown on Exhibit A-2; and that the project is consistent with the Pleasanton General Plan. Commissioner Narum seconded the motion. Commissioner Olson referred to the hours of operation and proposed that they be referenced in the Exhibit A-2 Conditions of Approval. Ms. Soo explained that the Condition No. 1 of Exhibit A-2 references the written narratives, which was provided by the applicant and references the hours of operation. She added, however, that the hours of operation can be added as a separate condition if the Commission desires. The amendment was acceptable to Commissioners Blank and Narum. Commissioner O’Connor stated that the restaurant is a fine one and that the design of the building is impeccable; however, he does not believe the site was fitting for the building and is not consistent with the General Plan because of the text of Measures PP and QQ which have been incorporated. He indicated that he could not support the motion as the language specifically states: “no grading to construct residential or commercial structures”. He stated that a parking lot is required and grading is required for the structure; therefore, he cannot find that it meets the General Plan. Commissioner Narum reiterated the exemption, but Commissioner O’Connor stated that this applied to residential. Commissioner Narum stated that she felt this was an unintended consequence and was a situation where it did not cover everything. Commissioner O’Connor stated that he believed the measures also mention the hillside area, and he considers this a hillside area because as one travels farther down Foothill Road, there are many steep areas that in the overlay look like they should be zoned residential. Commissioner Blank inquired if there was any bearing that the original hill was 10-percent slope and that the hill was man-made. Commissioner O’Connor stated that the text does not differentiate between man-made and not with respect to making the finding of consistency with the General Plan. He indicated that he was not sure there were areas that were over 25 percent before the road was put in and stated that he would like to see an actual topographic of the site today and a topographic of the site before the road was put in. He noted that the staff report refers to an average slope. PLANNING COMMISSION MINUTES, March 11, 2009 Page 7 of 9