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would take whatever means necessary to reserve his parking stalls, even if that meant chaining off his area. He stated that it will also be necessary to remove some heri- tage trees on the parking lot, and he wanted assurance from the City that this could be done without violating the City's Heritage Tree Ordinance. Mr. John P. Corley, Attorney representing Hap's Restaurant, stated that the Southern Pacific parking lot has been used by the citizens of Pleasanton for years as well as various service clubs that hold their meetings at Hap's. Mr. Corley stated that the railroad company had received this land through public trust for parking related to the railroad station, therefore it is a public parking lot to be used by the community. He stated that Hap's had used this area since 1957, and that the lot has been maintained by them and other businesses and the City since that time, Mr. Corley stated that before approval of this proposed project, Council should con- sider the benefits of the people who park in this area as well as the downtown mer- chants; that if more uses are approved then it will take away from people already established in the downtown area. Mr. Corley concluded by stating he did not feel parks should be a trade-off for parking. Councilmember Wood stated that he had recently requested a study be completed on using the railroad track right-of-way for parking when the l:railroad track con- solidation is completed. Mr. Corley stated that this proposed project would not take care of the immediate needs in the downtown area. Mr. Osness stated he had nothing specific to rebut. He stated that Southern Pacific had purchased the property years ago and now wanted to develop the property. He stated that if the City wants to retain the parks in the area he is willing to cooperate in this matter. He added that if the City does not want the parks then Southern Pacific should be allowed to go ahead with their total building project. He stated there has been progress on the track consolidation project with Western Pacific but that no agreement has been formalized at this time, which could be done anywhere from 45 days to 15 years. Mr. Osness advised that the ICC is required to hold public hearings and that any public agency can buy the railroad right-of-way that is being abandoned, and that the City could acquire this easement for parking purposes. Councilmember Mohr asked Mr. Osness if he would be agreeable to phased develop- ment of the project until the tracks are removed. Mr. Osness advised he had no objections to the theory but felt this development should be allowed to be constructed as proposed. Mayor Mercer asked who will be building the development. Mr. Osness stated that Pleasanton Station Associates have a 50-year lease and are building as independents. Mr. Osness concluded by stating that Southern Pacific is flexible and will work with the City in acquiring portions of the railroad track right-of-way for parking. There being no further testimony, Mayor Mercer declared the public hearing closed on the application and the negative declaration. It was moved by Councilmember Butler, and seconded by Councilmember Mobr, deter- mining 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 guide- lines and that a negative declaration is appropriate for development plan approval of an approximately 80,000 sq. ft. commercial/office development to be located between First Street and the SPRR right-of-way from Angels Street to the extension of Bernal Avenue and between Neal Street, Angels Street, the SPREright-of-way and a line approximately 250 feet east of Main Street, and rezoning of the site to PUD-Commercial/ Offices, also to fezone the Delucchi and Wayside Parks located on the west side of