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199 Mayor Butler declared the public hearing on the application of Vintage Associates for PUD (Planned Unit Development) zoning and development plan approval for a mixed use high density residential/commercial and offices project on an approximately 2.2 acre site located at the northeast corner of Bernal Avenue (rico) and Palomino Drfve, and related Negative Declaration, continued open indefinitely. Application of Kinder Care Learning Centers, Inc., and TPacoP/MBA for PUD (Planned Unit Development) modification and development plan approval to allow for the con- struction of an approximately 8,400 sq. ft. daycare faci,!.ity on an approximately .8 acre site, located at the southwest corner of the intersection of Brockton Drive and Pimlico Drive (realigned). Zoning for the property is PUD (Planned Unit Development)~ Commercial District Consider Adoption of Mitigated Negative Declaration Mr. Harris presented his report (SR 83:379) dated September 6, 1983, regarding this matter. Mayor Butler declared the public hearing open on the application and the Mitigated Negative Declaration. Mr. Ernie Courtier, Construction Coordinator, Newport Beach, representing Kinder- care, stated he concurs with the staff report and conditions set forth therein. Mr. Jim Miller, adjacent resident to the proposed project, stated he feels the development will have an adverse impact on the environment. He expressed concern regarding traffic, the alignment of the Santa Rita Road interchange, and noise. There being no further testimony, Mayor Butler declared the public hearing closed on the application and the mitigated negative declaration. Councilmember Brandes stated he has concerns regarding alignment of the Santa Rita Road interchange and signalization. Mr. Warnick advised that traffic signals are included in the Capital Improvement Program and will be City financed. He stated that plans have been with Caltrans several months and that theyshouldissue an en- croachment permit by the end of the month, with possible call for bids ready by the first meeting in October. Mr. Warnick stated that Council has approved conceptual plans for the realignment, the plans have been sent to Caltrans and they are review- ing them. Mr. Warnick reviewed the alignment plan. Council discussion ensued garding possible removal of McDonalds from its present location to allow a' regular cloverleaf intersection. Mr. Warnick stated he felt the Council would want the alignment at Pimlico as presented on the plan whether or not McDonald's is moved or not; and that the proposed project as presented fits this plan and would not interfere with the alignment project. Councilmember Brandes asked if a condition could be added that would prohibit occupancy of the building until the traffic signalization is in place. The City Attorney advised this condition could be added. Councilmember Mohr had questions relative to required parking. There being no further testimony, Mayor Butler declared the public hearing closed on the application and the Mitigated Negative Declaration. It was moved by Councilmember Brandes, and seconded by Councilmember Mercer, that Resolution No. 83-391, 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 y s guidelines and that a mitigated negative declaration is appro- Cit~' priate for PUD (Planned Unit Development) modification and development plans of 6. 9/13/83