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493 Mr. Harris presented his report (SR 81:238) dated July 7, 1981, regarding this matter. Mayor Mercer declared the public hearing open on the application and the negative declaration. Mr. Bill Newham, 5130 Foothill Road, stated he concurred with the staff report, and that all concerns that staff had related to this application had been cleared up. Me stated there is an existing septic tank on the property to service the pro- posed residence. The following persons spoke in opposition to this application: Mr. Gerald Listman, 4884 Treewood Court, who lives Just below Mr. Newham, stated he is opposed to this application because of the adverse traffic finpacts, unstable ground, impairment of view, and drainage problems, He stated he did not feel Chis application should be approved until there are further soils samples as there has been fill applied to the subject property. Mr, Listman stated that Mr'. and Mrs, Greves, 5142 Foothill Road, had transmitted a letter to the City Council in opposi- tion to Mr. Newnam's application stating they felt the site at 5130 Foothill Road should be left in its present "agricultural" zoning because it is extremely unstable land as a result of extensive uncontrolled and unengineered landfill. Mr. Gil Barbee, Land Surveyor, 147 Bernal Avenue, stated he worked for Mr!. Newham but was opposed to the rezoning. He stated that Mr. Newham had originally asked for a minor boundary line adjustment but City staff felt the parcel should be rezoned to bring it into conformance with the General Plan. Mr. Barbee stated he did not feel this property should be rezoned since only one acre is to be development and the remainder used for horse corrals. He stated there had been an undetermined amount of landfill placed on this property to make a horse padding area. He suggested that some method be established in the City records to note that there is an undetermined amount of landfill on this property, for future reference. Mr. Barbee also suggested that only the portion of the property being developed be rezoned, with the. remainder left as agricultural zoning. He added that the driveway proposed for the new resi- dence will be much safer than the existing driveway. Mr. Judd Hull, Soils Consultant, stated he was neither in favor of or opposed to this application, but stated that if the parcel is split into four lots at some future time the stability of the soil could create a problem. Mr. DeWitt Auit, 4848 TreewOod Court, ~dlo lives directly behiDd the applicant, stated he is concerned about the traffic pattern and dangerous curve ~n this area. He stated he felt Foothill Road should be widened before approval of any rezoning in this area. Mr. Newham rebutted the concerns of the opponents by stating the proposed new driveway will be much safer, that the view will not be obstructed, and that the soils are stable where he plans to build. He added that the objections were not valid. There being no further testimony, Mayor Mercer declared the public hearing closed on the application and the Negative Declaration. Mr. Harris stated that staff felt this property should be rezoned to bring it into conformnee with the General Plan. He stated that if the 1+ acre was rezoned to R-1-40,000, and the remaining 4 acres left Agricultural, then staff could do the lot line adjustment. He added that Mr. Newnam could not subdivide further. 4. 7/14/81 F