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• • • Minutes - San Leandro City Council Meeting - October 4, 1993 Page - 10 - PUBLIC HEARINGS (continued) He described the materials submitted since the last work session and the Planning Commission resolutions, which include the Planning Commission findings, recommendation and the draft resolutions. He said they contain conditions as recommended by Planning Division and staff. Kathleen Livermore, Associate Planner, made clarifications and corrections. She spoke regarding park in-lieu fees and said, according to the General Development Plan, the applicant was to provide four acres of actual parks for the entire site, but the applicant indicates there would be six acres. She said staff asked to revise the six acre figure to reflect the portion of linear park between the buffer fence and the buffer zone, and the Planning Commission concurred with staff. It was conditioned to include a park in-lieu fee for the remaining one-third of park space. The Planning Commission also requested a condition to bond for site contamination and clean up which was included. She pointed out two corrections to the Conditions of Approval : page 7, Condition IV.E, the third line, "whichever occurs first, " should be stricken. Condition V.A, the last line, "Tentative" should be changed to "Final " and add the phrase " . . .for Phase 1B, .25 acres of fill on Final map for Phase 1B. " She noted there were also corrections to the Development Agreement which would be discussed later. She discussed the phasing plan for the project and said it would be accelerated or slowed down based on market conditions. Council Member Myers asked for clarification regarding park in-lieu fees. Ms. Livermore said the General Development Plan required four acres of parks and two acres in park in-lieu fee, and the Planning Commission wanted to encourage the applicant to come forward with one more acre in park. She said the fallback position was a requirement for park in-lieu for one extra acre, 1/3 per phase. She said they are only required to have four physical acres and the other two acres in park in- lieu fees. She said the portion in question was a portion on the other side of the habitat fence which staff does not feel should be included in the calculation of park. The City Council asked if the bond would be for the first site or the entire area. Steve Mattas, Assistant City Attorney, said the bond would be for the entire development area, Phases 1 , 2, and 3, the Citation open space property, 74 acres, and the Bluebird site. Council Member Corbett asked if this would be for subsurface soil contamination. Mr. Mattas said it would include the cost of remediating all the soil contamination, if it was present on the surface or the subsurface and was based on the PEA and the determination from the Department of Toxic Substances. He said the applicant will be bonding for the entire clean up for the area north of Lewelling.