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the conditions. Mr. Harris advised that the Fire Chief had recommended this, stating it was not necessary due to the easy access of fire apparatus to this area. Mayor Brandes stated he did not feel there was sufficient information presented in the mitigated negative declaration and that an Environmental Impact Report should be required in order to obtain the data. He stated this is a unique piece of pro- perty and that he did not feel comfortable in making a decision with the information available now. He added he felt City liability would be more protected if an Environ- mental Impact Report was required. Councilmembers Mercer and Butler stated they felt an Environmental Impact Report would not give sufficient additional information as most of the potential problem areas had been addressed in the mitigated negative declaration. Councilmember Kephart stated that two conflicting professional opinions had been presented here at this meeting on the item and he felt an Environmental Impact Report should be required in order to make a confident decision. After further discussion, it was moved by Councilmember Butler, and seconded by Councilmember Wood, that Resolution No. 79-221, determining on the basis of a review of initial environmental study done for this project, that no significant environmental Cit ' impact would occur as outlined in the y s guidelines and that a mitigated negative declaration is appropriate for development plan approval for a 28-unit residential development on a 74.5 acre site located west of Foothill Road and north of Longview Drive, be adopted. The roll call vote was as follows: AYES: Councilmen Butler, Mercer, and Wood NOES: Councilman Kephart and Mayor Brandes ABSENT: None It was moved by Councilmember Wood, and seconded by Councilmember Butler, that Ordinance No. 919 be read by title only and waive further reading thereof. 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 Butler, that Ordinance No. 919, approving the application of Messrs. Boatright and Goodrich for development plan for a 28-unit residential development on a 74.5 acre site located west of Foothill Road and north of Longview Drive, the site is zoned HPD (Hillside Planned Development) District, be introduced. The roll call vote was as follows: AYES: Councilmen Butler, Mercer, and Wood NOES: Councilman Kephart and Mayor Brandes ABSENT: None Appeai~of the .City council of a decision of the Plannin~ Commission approvin~ Case UP-79-14~ a conditional use permit to allow the construction and operation of a McDonald's restaurant on the 1.6 acre parcel located at the northeast corner of Pimlico Drive and Santa Rite Road; and review by the City Council of the design of a McDonald's restaurant proposed for the 1.6 acre parcel located at the northeast corner of Pimlico Drive and Santa Rite Road Mr. Harris presented his report dated November 6, 1979, regarding this matter. ~yor Brandes declared the public hearing open. 9. 11/13/79