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419 On the basis of an Initial Study of the potential environmental impacts of the project~ the Director of Plannin~ and Community Development has determined that the proposed project would not have any potential significant adverse effects on the environment and that an environmental impact report need not be prepared. .... This Initial Study is available for review at the Planning Division~ 200 Bernal Avenue~ Pleasanton. Comments on this decision may be directed to either the Planning staff prior to the above meeting dater or directly to the City Council at the above noticed meeting (Contd. Open from 4-6-82) Mr. Glenn presented the report of the Director of Planning and Community Develop- ment (SR 82:132) dated April 1, 1982, regarding this matter. Mayor Butler declared the continued public hearing open on the application and the mitigated negative declaration. Mr. Tom Terrill, representing Reynolds and Brown, spoke regarding the P.U.D. application and the intersection revision at Johnson Drive/Hopyard Road. He stated it is critical the application be decided upon tonight to protect their sewer permits and to market the property in this project. Mr. Terrill requested that Condition 10 be revised to change the proposed structures of up to five stories in height to read as follows: "That no structures on the property shall exceed three stories in height, unless otherwise approved by the City Council". Mr. Terrill requested that Condition 1 be amended to add "So long as individual buildings conform with the conditions of PUD 80-14 and PUD 82-1 and Design Review approval, buildings of 1 to 3 stories, and allowed uses may be located anywhere within the development". With regard to the intersection revision, Mr. Terrill requested that Council ratify their support for the plan, that Council agree to modify the scope and the construction of the existing assessment district now under construction, that the revised intersection be con- structed this year, that if it is necessary that the Council agree to condemn the necessary right-of-way, including the Right of Immediate Possession as necessary to accomplish the timing requirement, that improvements to property of other than Rey- nolds and Brown will be included in the North Pleasanton Assessment District now being formed, and that Council direct staff, property owners involved, CPS and Rey- nolds and Brown to work together in an attempt to solve this traffic problem. Mr. Terrill requested that since the conditions of approval are the same as the original application, that Reynolds and Brown be allowed to go through Design Review Approval and not appear again before the Council, in order to expedite the process. He stated the City would still be protected on the design of plans.. He stated he concurred with the staff report and conditions. Mr. Terrill stated he first saw the new street plan two weeks ago, and that the plan causes tremendous upset to their project as they have made many commitments to their users. He agreed that it is the best solu- tion to the North Pleasanton traffic problem and to the City in general. He stated his critical concern is timing; there is the potential that this improvement could take months or years. He stated that Reynolds and Brown is willing to take the lead if it can be expedited this year. He presented a plan showing the widening of Hop- yard at Johnson and elaborated on its effect on surrounding property owners, stating there would be some positive aspects and also some negative impacts resulting from these improvements. Mr. Terrill requested the concensus of the Council relative to this revision. In response to Council's query over whether the P.U.D. could be approved condi- tioned upon the newly proposed intersection alignment, the City Attorney advised that final approval of a P.U.D. with a new street circulation pattern could not be done at this time as (1) plans would need to be prepared by the applicant, and (2) the change requires Planning'Commission review. However, a condition to the proposed P.U.D. be- fore the Council could be added relating to subsequent realignment of the intersection; the street intersection improvements, being related to the effects of the Reynolds and Brown project, could be made a condition. 7. 5/11/82