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Consider Adoption of Negative Declaration Mr. Swift presented his report (SR 85:603) dated December 17, 1985, regarding this matter Mayor Brandes declared the public hearing open on the application and the negative declaration. Mr. Bruce Herrington, representing Falcon Development Company, stated he concurs with staff recommendations with the exception of Conditions 6 and 15. He presented a letter dated December 16, 1985, setting forth their objections to these two conditions. Mr. Harvey Levine, Legal Counsel for Falcon Development Company, elaborat- ed on Condition 6, stating they did not see the need for an emergency road at this location. He stated that water assess is necessary for the area but emergency access is available from existing streets. Mr. Larry Bartelson, MacKay & Somps Engineers, reviewed the estimated cost of the proposed emergency road, stating it would be approximately $125,000 to $170,000. Mr. Levine requested Council to follow Planning Commission recommendations and delete Condition 15 relative to the Martin AvenueZArroyo Mocho Bridge. Mr. David Baxley, 3911 Fairlands Drive, President Homeowners Association, spoke in opposition to this project because of traffic impacts it will have at the elementary school. He suggested alternate routes be used. Mayor Brandes stated he talked to Mrs. Edgerton this week regarding traf- fic problems at this elementary school, and that solutions are underway to mitigate the concerns. Mr. Levine stated he appreciated Mr. Baxley's comments, and for getting the homeowners together for a meeting with the developer. There being no further testimony, Mayor Brandes declared the public hear- ing closed on the application and the negative declaration. It was moved by Councilmember Mercer, and seconded by Councilmember Wood, that Resolution No. 85-587, determining on the basis of a review of initial environmental study done for this project, that no significant environmental impact would occur as outlined in the City's guidelines and that a negative declaration is appropriate in connection with PUD-84-12, application of Falcon Development Company for rezoning from "A" (Agricultural) to PUD (Planned Unit Development) District and for development plan approval for a 158 unit residential development on an approximately 21.8 acre site located at the eastern terminus of West Las Positas Boulevard, be adopted. The roll call vote was as follows: AYES: Councilmembers Butler, Mercer, Mohr, Wood, and Mayor Brandes NOES: None ABSENT: None After discussion, it was moved by Councilmember Butler, and seconded by Councilmember Mercer, that Ordinance No. 1237, to be read by title only and waiving further reading thereof, approving PUD-84-12, application of Falcon Development Company for rezoning from "A" (Agricultural) to PUD (Planned Unit 12-17-85 10 -