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291 The roll call vote was as follows: AYES: Councilmembers Brandes, Mohr and Mayor Mercer NOES: Councilmember Tarver ABSENT: Councilmember Butler ABSTAIN: None Mr. Tarver indicated that he would not support the ordinance for the reasons listed in Staff Report, namely its aesthetic impact, the loss of rural character, noise on the lower lots, the endangerment of spec]Ific habitat, encroachment, the high hazard fire zone on the upper lots, traffic control along Foothill Road, control over the use of the upper open space and active landslides and geological hazards relating to the Calaveras Fault. It was moved by Mr. Brandes, and seconded by Ms. Mohr, that Ordinance No. 1469 be introduced, to be read by title only, and waiving further reading thereof, approving PUD-89-13, the application of A-M Homes for Williamson Act cancellation and PUD development plan approval for a 50-lot, single-family residential development located on a 117.94 acre site on the west side of Foothill Road generally between Highland Oaks Drive and West Las Positas Boulevard (4440 Foothill Road), subject to the following conditions: (1) Modify Condition No. 9 to reflect that based on the recommendation of the Park and Recreation Commission, the open spaces may be open to public access at a future time upon the request of the City and that these open spaces will become either City or EBRPD property; (2) Delete Condition No. 12, thereby keeping the project at 48 lots; (3) The addition of appropriate language to indicate that the project would be included in an Assessment District which may be formed to mitigate traffic in the area; (4) The installation of traffic signals at the intersection of Highland Oaks and Foothill Road; and (5) The dedication and landscaping of land intended for the widening of Foothill Road and setting aside the funds for this improvement to be spent at a later date for either the widening of Foothill Road or traffic mitigation on any intersection impacted by this development. The roll call vote was as follows: AYES: Councilmembers Brandes, Mohr and Mayor Mercer NOES: Councilmember Tarver ABSENT: Councilmember Butler ABSTAIN: None Item 6c PUD-89-21, Preslev of Northern California, Application for Development Plan Approval for a lO0-Lot Single-Family Residential Development Located on the West Side of Foothill Road Generally Northwesterly of its Intersection with StoneridGe Drive, and Southerly of Dublin Canyon Road Consider Adoption of an EIR Mr. Swift presented his report (SR 90:252) regarding the matter. - 15 - 6-19-90