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Mayor Butler declared the public hearing open on the application and the negative declaration. No one in the audience spoke in favor of or in opposition to this item. Mayor Butler declared the public hearing closed. Council discussion ensued regarding the need for additional citizen input relative to this issue. Mr. Harris advised that this proposed amendment is a technical change only and does not have anything to do with Livermore Airport matters. It was moved by Councilmember Brandes, and seconded by Councilmember Mercer, that Resolution No. 84-18, 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 to amend the Safety Element of the general plan with regard to smoke, glare, lighting, electrical interference, and other navigation hazards in flight zones near local aviation facilities, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, Mohr, Wood, and Mayor Butler NOES: None ABSENT: None It was moved by Councilmember Brandes, and seconded by Councilmember Mercer, that Resolution No. 84-19, approving the application of the City of Pleasanton to amend the Safety Element of the general plan with regard to smoke, glare, lighting, electrical interference, and other navigation hazards in flight zones near local aviation facili- ties, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, Mohr, Wood, and Mayor Butler NOES: None ABSENT: None AP-83-12, Appeal of Northwood Homes of a decision of the Design Review Board denying Case Z-83-235, an application for design review for a three building commercial ser- vice/office/warehouse complex proposed for the approximately 2 acre site located at 39 California Avenue. The property is zoned PUD-Commercial District Consider Adoption of Negative Declaration Mr. Harris presented his report (SR 84:05) dated January 9, 1984, regarding this matter. Mayor Butler declared the public hearing open on the application and the negative declaration. Mr. Ronald Harrison, President of Northwood Homes, stated the issue before Council tonight is not one of architectural design or aesthetic value, but one of setback. He reviewed the actions taken by the Design Review Board in denying the subject applica- tion and called attention to a letter from Commissioner Arrigoni who now recommends that this application be approved after having made an on-site visit to the project. Mr. Harrison advised that he bought the property without the restriction of the 30 foot setback requirement and he felt it was unfair to place this restriction on his project. He presented plans of the proposed development showing the area of the project that does not meet the 30 foot setback. He stated the average setback of the entire pro- ject will be within the prerequisite of the zoning ordinance. He stated he felt this project would be an asset to the area and he requested that Council honor his appeal and grant approval of the application. 9. 1/9/84