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243 Mr. Harris presented his report (SR 81:374) dated October 20, 1981, regarding this matter. Mayor Mercer declared the public hearing open on the application and the nega- tive declaration. Mr. Richard Hempy, representing the applicants, stated that the rezoning is being applied for to allow for the construction of homes for his brothers and sisters on the property. Mr. Bill Newnam, 5130 Foothill Road, stated he has no objections to the rezoning. The following persons spoke in opposition to this item: Mr. George Williams, 4444 Foothill Road, property owner adjacent to the subject property, expressed concern regarding the access road, which will require extensive grading and possible removal of several large oak trees. He stated the grading has the potential of negatively affecting the appearance of the site, but even more im- portantlywill threaten the subjacent and lateral support of his drive and property. He stated that increased traffic will create a dangerous situation at this location. He requested that each member of the Council visit the property to gain firsthand knowledge of the plan; that a Soil and Geologic Investigation be completed to deter- mine the suitability and requirements for development; that a grading plan indicating tree removal be required; and to institute a vehicular and pedestrian safety survey of the proposed intersection so that each dangerous aspect may be dealth with accord- ingly. Council advised Mr. WillJams that these concerns will be addressed at the time the development plan is considered. Ms. Margaret Tracy, 1262 Madison, Livenore, stated she felt a full EnVironmental Impact Report should be required because of the size of the parcel and the potential geological instability of the land. Mr. Hempy rebutted by clarifying that he is only asking for four homes to be built on this site. 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 Kephart, that Resolution No. 81-367, 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 fezone an approximately 9 acre area located on the west side of Foothill Road, north of Highland Oaks Drive in the vicinity of 5050 and 5100 Foothill Road from the "A" (Agriculture) to the R-i-40,000 (Single-Family Residential) District, be adopted. The roll call vote was as follows: AYES: Councilmembers Butler, Kephart, Mohr, and Mayor Mercer NOES: Councilmember Wood ABSENT: None After discussion, it was moved by Councilmember Butler, and seconded by CoUncil- member Kephart, that Ordinance No. 1005, to be read by title only and waiving further reading thereof, approving the application of Harry and Evelyn R. Hempy and Robert and Margaret Starnes to fezone an approximately 9 acre area located on the west side of Foothill Road, north of Highland Oaks Drive in the vicinity of 5050 and 5100 Foot- hill Road from the "A" (Agriculture) to the R,1-40,000 (Single-Family Residential) District subject to the following conditions: (1) that this rezoning is only for the 5.48 acre site known as 5000 Foothill Road and the 3.48 acre site known as 5050 Foot- 3. 10/27/81