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<br />Page 3 <br />space for modern heating/ventilation/air conditioning (“HVAC”) systems, provides the floor to <br />ceiling heights demanded by the market, and allows for peaked roofs. <br />f. Minimum Yards <br />CDP requests waivers to allow for minimum yards around the Property as follows: (i) 10 <br />feet along Hopyard Road; (ii) 15 feet along South Valley Trails Drive; (iii) 10 feet along the <br />Pleasanton Canal Trail; and (iv) 25 feet along the side of the Property adjacent to single-family <br />homes located on Cherry Blossom Court.2 These waivers are necessary to allow the Project to fit <br />on the Property as designed and at the density allowed under local code and the SDBL. Without <br />this waiver, the Project could not fit all the units proposed with the required circulation and <br />group open space. <br />g. Private Open Space <br />CDP requests a waiver to the requirement to provide private usable open space located at <br />ground level with a minimum area of 150 square feet, with no dimension less than 10 feet. <br />(Mun. Code, § 18.84.170(C).) While the Project provides private open space, there is <br />insufficient space on the Property to provide the required ground level private open space <br />without reducing units. <br />h. Public Service Easement <br />CDP requests a waiver to the requirement in City Municipal Code section 19.36.110, <br />which states, “Public service easements, not less than 10 feet in width, shall be provided within <br />the subdivision where required for public utility purposes. Modification of the easement width <br />requirement may be made only when approved by both the planning commission and public <br />utility concerned.” <br />CDP requests that the public service easement width along the Property frontage with <br />Hopyard be reduced from 10 feet to five feet, which prevents the required sound wall from being <br />located on a public service easement. (Contrary to the comments received from the Engineering <br />Department on June 16, 2023, with this waiver, the sound wall would not be in a public service <br />easement.) We understand that ten feet is not required to accommodate or serve the recycled <br />water meter, which is the only utility anticipated along Hopyard Road. (The other utilities would <br />be located within a ten-foot public service easement on South Valley Trails Drive.) In addition, <br /> <br />2 For purposes of these requests, CDP has calculated minimum yards around the perimeter of the Property <br />as a whole, as opposed to each individual building proposed on the site. CDP reserves the right to further <br />amend or supplement these requests to the extent the City wants yards calculated differently.