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Mr. Harris presented his report dated August 9, 1979, regarding this matter. Mayor Brandes declared the public hearing open on the application and the Negative Declaration. Mr. Jack Bras, Architect representing the applicant, stated he concurred with the Planning Commission and staff recommendation for approval. No one in the audience spoke in opposition to this item. There being no further testimony, Mayor Brandes declared the public hearing closed on the application and the Negative Declaration. It was moved by Councilmember Butler, and seconded by Councilmember Wood, that Resolution No. 79-161, determining on the basis of a review of initial environ- mental study done tor this project, that no significant environmental impact would occur as outlined in the City's guidelines and that a Negative Declaration is appro- priate to rezone a 6.1 acre site located at the southeast corner of Hopyard Road and 1-580 from the C-F (Freeway Commercial) District to the PUD (Planned Unit Development) District, be adopted· 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 Wood, and seconded by Councilmember Mercer, that Ordinance No. 903, to be read by title only and waiving further reading thereof, approving the application of Henry Cupples to fezone a 6.1 acre site located at the southeast corner of Hopyard Road and 1-580 from the C-F (Freeway Commercial) District to the PUD (Planned Unit Development) District and establishing permitted and conditional commercial uses allowed in the future development of the site as set forth in Staff Report SR 79:188 dated August 9, 1979, be introduced. The roll call vote was as follows: AYES: Councilmen Butler, Kephart, Mercer, Wood, and ~yor Brandes NOES: None ABSENT: None Appeal hy the Stoneson Development. Corporation of a condition of appro~a!.by the Design Review Board of a 158 unit condominium project proposed to be constructed on the south side of Stoneridge Drive between Pleasant Hill Drive and Spr~gdale Avenue, said Condition requiring the ownership and maintenance of that portion of Gold Creek between Pleasant Hill Drive and Springdale Avenue by the condo- minium homeowners association (Continued Open from 8-28-79) Mr. Harris presented his report dated September 4, 1979, regarding this matter. Mayor Brandes declared the public hearing open. Mr. Ted Fairfield, Civil Engineer representing the appellant, displayed maps showing creeks owned and maintained by public agencies, and stated he felt the homeowners association should not be required to maintain the creek area that contains City facilities and as a compromise he offered to dedicate the creek to the City stating the City would then own the structures with the developer taking back a recreational easement with service maintenance responsibility· No one in the audience spoke in opposition to this item. 7. 9/11/79