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may recommend approval of the proposed change or may recommend any other designations consistent with the General Plan On the basis of an Initial Study of the potential enviror~ental impacts of the pro- __ ]ect, .t~e Director of Planning and Community Development has determine~ t~at..the proposed project would not have any potential siMnificant adverse effects on the environment and that an environmental impact report need not be prepared. This Initial Study is available for review at the Plannin~ Division~ 200 Bernal Avenue,. Pleasanton. Comments on this decision may be directed to either the Planning staff prior to the above meeting date, or directly to the City Council at the above noticed meeting Mr. Harris presented his reports regarding these three items. Mayor Brandes declared the public hearings open on the three applications and the negative declarations. Mr. George Oakes reviewed the history of this property and the required and extra improvements he had made related to this development area. Mr. Oakes also reviewed the 1972 Settlement Agreement and what he felt was the moral obligation of the City to allow the completion of development on his property. He stated he had lived up to his part of all agreement and that he felt he should be allowed to develop as soon as possible. Mr. Victor Poree, Attorney representing H. C. Elliott, Inc., developer, stated his client opposed this item. He reviewed the lit~ion involving sewer permits and stated that if the City had provided sewer capacity H. C. Elliott, Inc., could have developed but this was not allowed and Mr. Elliott does not feel it is fair to be taking away lots. Mr. Elliott builds moderate cost housing and if lot sizes are increased to 10,000 sq. ft. the City is actually requiring that more expensive homes be built on these lots, and it will hurt those buying homes for the first time. Mr. Elliott feels there will be no new homes built in Pleasanton for less than $130,000- 140',000 on 10,000 sq. ft. lots and this will be discriminate, economically and racially, and this should be addressed. Mayor Brandes asked if the Attorney or Mr. Elliott is accusing the City of racial discrimination by its action. Mr. Poree indicated that these were his own words. There being no further testimony, Mayor Brandes declared the public hearings closed on the three items. It was moved by Councilmember Mercer, and seconded by Councilmember Butler, that Resolution No. 79-201, 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 a roughly 95 acre area located east of the developed portion of the Fairlands area (bounded generally by 1-580 on the north, the City Limits on the east, the Arroyo Mocho on the south, and existing development on the west) from the R-1-6500 (Single- Family Residential-6,500 sq. ft. minimum lot size) District to the R-1-10,000 (Single- Family Residential-10,000 sq. ft. minimum lot size) District, be adopted. The roll call vote was as follows: AYES: Councilmen Butler, Kephart, Mercer, Wood, and Mayor Brandes NOES: None ABSENT: None Mayor Brandes stated he would support the Planning Commission recommendation for rezoning from R-1-6,500 to R-1-10,000, as he felt this makes better planning. 12. 10/23/79