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357 Mr. Gil Barbee, 147 Bernal Avenue, spoke regarding the installation of the driveway between the Hempy property and the Starns property. Mr. Lee Nelson, 4866 Treewood Court,spoke regarding the traffic problems on Foothill as a result of the Noonan property development and the problem of drainage due to development. Mr. George Williams, 4444 Foothill Road, indicated the staff report provided for all his concerns as long as all 47 conditions are upheld. He cited safety problems due to downsizing of roadway, drainage, creek relocation, utilities, safe entrance and exit on Foothill and noted there had been eight accidents in the last year. The public hearing was then closed by Mayor Butler. There was considerable discussion regarding the location of the driveway, possible contribution from Starns for the cost and possible development of the Starns property. Councilmember Brandes suggested that if Condition 47 be upheld that some other wording be used such as "that the developer shall make interim improvements to Foothill Road at the new driveway location as directed by the City Engineer." Considerable discussion was had regarding the requirement of improvements to Foothill, with Mr. Hempy indicating that if he is forced to improve Foothill then he cannot affort to develop his property. It was.moved by Councilmember Brandes, and seconded by Councilmember Mercer, that Resolution No. 82-464, 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 for development plan approval for a four lot residential subdivision of approximately 4.35 acres of land on the west side of Foothill Road adjacent on the south to 5050 Foothill Road, 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 Ordinance 1063, approving PUD-82-17 as recommended by staff with the following changes: Condition 22 shall read: That the Developer dedicate, in fee, to the City for street right-of-way purposes sufficient land across the frontages of Parcels A and B and slope easements to the extent determined necessary by the City at the time of tentative parcel map approval. This condition can be met by the Developer with regard to Parcel A by paying an in-lieu fee in an amount determined by the City Engineer to cover estimated future City costs of this land acquisition. In addition the City Attorney is to add verbage regarding reimbursement for the right-of-way on the Starns property as well as the driveway relocation if that property is developed within the next ten years. Condition 46 shall read: As recommended by staff with the addition of the following "This condition can be met by the Developer paying the City an in-lieu fee as determined by the City Engineer." Condition 25 shall be amended to allow asphalt curb and gutters. Condition 47 shall be eliminated and replaced with the following new condition 47: "That the developer shall make interim improvements to Foothill Road at the new driveway location as directed by the City Engineer.", beintroduced. The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, Mohr, Wood and Mayor Butler NOES: None ABSENT: None 6. 11/23/82 Secretary's Note: Resolution No. 82-465 not used.