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Mr. Caroline rebutted the concerns of the opponents. He stated that all trees would be planted in the buffer area to alleviate the noise finpact. He stated the private railroad crossing on Stanley Boulevard was o~ned by Southern Pacific. He stated the fences between this project and the resident~al area would be 6 ft, high clain link fences. He stated the landscape maintenance would be done by an asso- ciation of property owners, and that he agreed to the truck traffic restrictions. There being no further testimony, Mayor Brandes declared the public hearing closed on the application and the Environmental Impact Report. Mayor Brandes stated it was now in order to consider the Environmental Impact Report relative to this application. It was moved by Councilmember Mercer, and seconded by Councilmember Butler, that Resolution No. 80-44, certifying that the Environmental Impact Report has been completed in compliance with CEQA and State guidelines; certifying that City Council has reviewed and considered the information in the EIR; find that the project would have significant adverse finpacts on the environment pertaining to traffic which had mitigating measures on size of t~ucks and restricted hours and use of E1 Charre Road when opened, and noise finpacts mitigated by landscaping and setbacks, as well as mitigating measures established by Planning Commission including truck and auto use limitations; to the degree these measures don't completely mitigate these impacts there are overriding social and economic considerations (more local jobs) which make infeasible all mitigation measures identified in the EIR; make the required findings for significant finpacts as outlined above for all finpacts deemed significant by the City Council, relative to the development plan for a business part to be located on a 69 acre site on the south side of Valley Avenue and ~mmedtately easterly of the residences along Kolln Street, be adopted. The roll call vote was as follows: AYES: Councilmen Butler, Kepbart, Mercer, Wood, and Mayor Brandes ~' NOES: None ABSENT: None Mayor Brandes stated it was now in order to consider modifications to the condi- tions as discussed by Mr. Caroline earlier. It was moved by Councilmember Mercer, and seconded by Councilmember Kephart, that Conditions Nos. 29, 30, and 31, be removed. The roll call vote was as, follows: AYES: Councilmen Butler, Kephart, Mercer, Wood, and Mayor Brandes NOES: None ABSENT: None It was moved by Councilmember Butler, and seconded by Councilmember Wood, that Condition No.-35 be retained as is relative to requiring vertical curbs. The roll call vote was as follows: AYES: Councilmen Butler, Kephart, Mercer, Wood, and Mayor Brandes NOES: None ABSENT: None It was moved by Councilmember Mercer, and seconded by Councilmember Kephart, that Condition No. 37 be amended to state that the streets remain as private streets, that the developer be responsible for maintenance, and that the streets must be kept in a manner standard to City streets. The roll call vote was as follows: AYES: Councilmen Butler, Kephart, Mercer, Wood, and Mayor Brandes NOES: None ABSENT: None 8. 2/26/80