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Mr. Datwyler was present and had no questions. Next, Bill Singleton, 4685 Del Valle Parkway, spoke for the Pleasanton Safe Street Association. They are not opposed to the development, but this plan would affect the Del Valle Parkway alignment. As he under- stands the EIR report is not required of the application, but this matter is now being disputed in court pertaining to the adequacy of the EIR in relation to Creeks Bend development. Based on that, he re- quested that the application be continued until that matter is settled. Deputy City Attorney Levine stated, that if Mr. Singleton is saying that building the road and the configuration proposed is part of this project and it has a significant environmental impact, he should oppose the negative declaration. Mr. Singleton said it is inappropriate to approve the plan if it fixes the character and route of the Del Valle Parkway before court takes action on their case. Mr. Levine indicated he would have no objection to the Commission continuing the matter, but that Mr. Daywyler should be consulted. Mr. Datwyler indicated that he is well aware of the lawsuit. He under- stood the adequacy of the Del Valle Parkway was what the suit is about and not his project. However, if his project is also involved, he in- dicated he would be happy to countersue. He would not want his project continued on those grounds. Mr. Levine stated that the initial hearing is next week as to show cause in the form of a preliminary injunction. To the degree that the street is an issue in this project, it should be considered in the negative declaration as to whether to Commission thinks it would have an environmental impact. Chairman Butler asked Mr. Levine whether it would be fair that if there was a finding value in the suit regarding the impact on the parkway itself, would it be likely that several pro- jects on that street would be affected? The Deputy City Attorney indicated that that could be the result. The court could order the City to prepare an environmental impact report. The Commissioners agreed to continue with the review of this project. The Public Hearing was closed on the negative declaration. Resolution 1563 was entered and adopted makingthe finding that the negative declaration would be the appropriate report to file on this project. Roll Call Vote Resolution: Shepherd Seconded: Wood Ayes: Doherty, Jamieson, Shepherd, Wood, Chairman Butler Noes: None Absent: None Abstain: None Application to rezone a 2.56 acre parcel of land located between the Arroyo del Valle and the future Del Valle Parkway roughly 1,600 feet east of Hopyard Road from the RM-2000 (Multiple Family Residential) District to the Planned Unit Development District and to approve a development plan proposing the construction of a 22-unit, two-story townhouse development immediately westerly of the existing single family residence on the lot. -8- __.._. _ . _ ... __.____... _~ __ ..___ .a_. _ .._ ._._, . _ .._ _ .. .. _. _ _. _ ..._.