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449 <br />Consider Adoption of Negative Declaration <br /> Mr. Swift presented his report (SR 8/:547} dated Decembe 15, 1987, regard- <br />ing this matter. <br /> <br /> Mayor Mercer declared the public hearing open on the application and the <br />negative declaration. <br /> <br /> Mr. Martin Inderbitzen, Attorney, 62 West Neal Street, representing the <br />applicant, stated they are requesting rezoning to Rural Density, not Low Den- <br />sity as shown on the agenda. He stated there has been a lot of talk about <br />development plans and what the development capability is of the parcel. The <br />motivation of Mr. Spotorno with regard to the General Plan amendment relates <br />to the General Plan designation and the economic impact on the property. He <br />presented background information stating this property is in the County an- <br />dprior to the City's General Plan amendments and adoption of the City's <br />General plan almost two years ago the 145 acres was designated as Public <br />Health and Safety. The difference between Public Health and Safety then and <br />now is that when the General Plan hearings were held, Mr. Lee of the Planning <br />Department, stated that Public Health and Safety was always referred to as a <br />holding designation for property but in fact assign a density, therefore he <br />felt it should have a rural density designation. There are already 700 acres <br />designated as rural density residential, already annexed to the City or more <br />ready for development. Mr. Spotorno raised an objection at that time during <br />the joint hearings, specifically said:that (1) don't change his land to Public <br />Health and Safety under the new General Plan because it creates down zoning <br />capability of his property, and (2) his property near Alisal Road is very <br />flat, and if you are going to designate low density in that area more property <br />should be included because the property is flat. Mr. Inderbitzen stated it <br />was his recollection that matter was going to be worked out at staff level but <br />it was never done. Mr. Spotorno since that time has been coming back to the <br />City saying the property should either be low density on the flat portion or <br />rural density on the 145 acres. Mr. Lee advised him that the only way this <br />could be done was through General Plan amendment. Mr. Spotorno has no inten- <br />tion of developing this property. .It is simply an act on his part to preserve <br />the economic viability of the property. He is concerned about that because of <br />development that is encroaching to the edge of his property now; the Harris <br />property, the School property, the Lund property. All of those developments <br />tend to bring the possibility of extension of roads and public improvements <br />either into the area or through his property. He is not in a position to <br />develop and if a public entity wishes to acquire it the value of his land for <br />that acquisition will be greatly diminshed by the Public Health and Safety <br />designation. All the adjacent landowners support Mr. Spotorno's application. <br /> <br /> Mayor Mercer asked if this property is within the City limits. Mr. Inder- <br />bitzen advised him it is not. Mayor Mercer asked if any governmental agency <br />wants to purchase the property. Mr. Inderbitzen advised that no one wants to <br />buy the property. <br /> <br /> The following persons spoke in opposition to this item: <br /> <br /> Dr. Dennis Glafkides, 737 Happy Valley Road, stated he has been a resident <br /> of Pleasanton since 1966 and a resident of Happy Valley area since 1976, <br /> moving to Happy Valley Road so that his family could experience a way of life <br /> unique to Pleasanton. He advised the Happy Valley area is diminishing in size <br /> because of annexation and rezoning. Several years ago discussion were held <br /> relative to individual rights vs. community interest. He stated that other <br /> <br /> - 7 12-15-87 <br /> <br /> <br />