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243 Mr. Brad Hirst, potential developer of one acre of the commercial designation, stated he concurred with the staff report and unanimous approval by the Planning Commission, and urged Council to make a favorable decision on this item. Mr. William Kovacs, 3124 Weymouth Court, stated he had met with Mr. Kierstead and that he supports the change. He stated he concurred with staff recommendations and felt Mr. Kierstead is acting in good faith. He stated this area needs to be developed and he is in favor of the application. No one in the audience spoke in opposition to the application or the negative declaration. q Mayor Butler declared the public hearing closed. It was moved by Councilmember Mercer, and seconded by Councilmember Mohr, that Resolution No. 82-485, 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 General Plan land use designation of an approximately 5.8 acre site located east and south of the Exxon Service Station at the southeast corner of West Las Posi- tas Boulevard and Santa Rita Road from Commercial and Offices to High Density Resi- dential, with the northwestern approximately 2 acres to remain Commercial and Offices, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, Mohr, Wood, and Mayor Butler NOES: None ABSENT: None Councilmember Mercer stated he felt that fire and water assessments should be excluded along with traffic for residential and commercial development of two acres or less. Councilmember Brandes stated he concurred with Councilmember Mercer regarding this matter, but is opposed to the General Plan amendment. He stated that there had been considerable discussion on this matter when it was before Council approximately four years ago, and he felt the present zoning designation is the highest and best use of the land. He stated this is a ideal location for a major grocery chain and neigh- borhood shopping center. He reiterated his strong opposition to the General Plan amend- ment, stating he felt the existing zoning is the most appropriate designation. Mayor Butler stated that times have changes since this property was originally zoned commercial; he feels this is good planning and will support the change. Councilmember Wood stated he supports the application because of the opportunity to provide high density housing without any opposition from the surrounding neighbors. It was moved by Councilmember Brandes to deny the application of Meadow Plaza Associates to amend the General Plan land use designation of all or any portion of the approximately 8 acre site located south and east of the Exxon Service Station at the southeast corner of Santa Rita Road and West Las Positas Boulevard from Commercial and Offices to High Density Residential. The motion died for lack of a second. 5. 12/13/82