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<br />eminent domain. Improvements that currently exist in the public right-of-way are not <br />uncommon. There were certain easements in the back of some properties, which generally <br />require that the property not put in any improvements that would conflict with the City's use of <br />the right-of-way. <br /> <br />Mr. Grubstick stated that based on information received from the applicant's engineer, the <br />existing edge of pavement on the north edge of Cameron Avenue is not the right-of-way line. <br />The right-of-way line is 2.5 feet northerly of the existing edge of pavement, and staff believed <br />that while there were private improvements that occur along that strip, they occur within the <br />existing public right of way. Therefore, the City believed that a 4.5-foot wide sidewalk may be <br />accommodated. <br /> <br />Chairperson Arkin encouraged Mr. Ketell to contact the Plalming Department regarding any <br />inadequacies in the minutes. <br /> <br />Commissioner Fox moved to: (1) make the finding that the project would not have a <br />significant effect on the environment and recommend that the City Council approve the <br />Negative Declaration for the project; (2) make the finding that the project has a De <br />Minimus impact on the site's wildlife; (3) make the finding that the proposed rezoning and <br />PUD development plan are consistent with the Generall'lan and the purposes of the PUD <br />ordinance; (4) make the PUD findings as listed in the staff report; and (5) recommend that <br />the City Council approve PUD-50, subject to the conditions of approval as listed in <br />Exhibit B of the staff report, as recommended by staff, with the following modifications: <br />1. Modify Condition No.4 to allow only single-story homes on Lots 4 through 10 <br />adjoining the Palmer Drive properties; on Lots 18 through 22 adjoining the <br />Leuthauser and Diablo Court properties; and possibly on Lots 25 and 26. <br />2. Modify Condition No. 21 to include the eastern project boundary in the <br />installation of the seven-foot tall masonry wall and to discuss the possibility <br />of using a wood fence in place of a masonry wall, depending on each <br />property. <br />3. Modify the first sentence of Condition No. 28 to read as follows: "The <br />project developer shall survey the heights of the structures to verify their <br />f!eneral conformance to the approved building height." <br />4. Modify Condition No. 34 by adding to the first disclosure that the Zone 7 <br />lake is a reclaimed Kaiser quarry pit and to include a disclosure on airport <br />noise issues in relation to the Livermore Airport. <br />5. Modify Condition No. 33 to include electrical conduit and pull strings for the <br />photovoItaic readiness. <br />Commissioner Olson seconded the motion. <br /> <br />Ms. Harryman stated that on page 5, the applicant should be referred to consistently as the <br />applicant or the project developer. <br /> <br />EXCERPTS: PLANNING COMMISSION MEETING MINUTES, June 28, 2006 <br /> <br />Page 60f7 <br />