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297 He stated his neighborhood is concerned about traffic, noise, dust, and safe- ty, and would like to be involved in all matters relating to Bernal Avenue improvements. Ms. Chang stated that this particular project only has the opening to In- dependence Drive, and that it is already recorded on the maps. There being no further testimony, Mayor Mercer declared the public hearing closed on the application and the negative declaration. Councilmember Brandes asked if there is a way to mitigate the concerns of the Old Towne residents as it relates to Independence Drive. Mr. Swift ad- vised that Independence Drive is an approved street. Council can determine to move the T into Bernal Avenue at another location but that would involve the acquisition of right-of-way through two properties, which would be difficult and expensive. Councilmember Brandes asked if there could be stricter codes or conditions to make sure that developers comply with regulations relative to hours of operation, dust, noise, etc. Mr. Swift stated the present ordinance and codes are Strict enough but need only to be enforced. Councilmember Wilson sugges- ted that developers be fined $100.00 a day if they do not comply with all regulations. ~=~ It was moved by Councilmember Brandes, and seconded by Councilmember Mohr, ~ that Resolution No. 87-379, determining on the basis of a review of initial environmental study done for.this project, that significant environmental im- I'f') pact would occur as outline in the City's guidelines and that a negative dec- laration is appropriate in connection with PUD-87-17, application of Diamond Properties and Pleasanton School District for development plan approval for a 25-unit single-family residential development to be located on an approximate- ly 7.9 acre site located generally in the area immediately north of Mission Hills Park, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Butler, Mohr, Wilson, and Mayor Mercer NOES: None ABSENT: None It was moved by Councilmember Brandes, and seconded by Councilmember Mohr, that Ordinance No. 1333, to be read by title only and waiving further reading thereof, and finding that the development plan is consistent with the General Plan and the purposes of the PUD Ordinance, approve PUD-87-17, application of Diamond Properties and Pleasanton School District for development plan approv- al for a 25-unit single-family residential development to be located on an approximately 7.9 acre site located generally in the area immediately north of Mission Hills Park, subject to conditions contained in Staff Report 87:361, and adding a condition that construction work on the project may be shut down by the Public Works Director for any violations of construction period reg- ulations established by the Public Works Director for this project, be introduced. The roll call vote was as follows: AYES: Councilmembers Butler, Brandes, Mohr, Wilson, and Mayor Mercer NOES: None ABSENT: None 11 - 8-18-87