CCMIN101478 - Laserfiche WebLink

On the basis of an Initial Study of the potential environmental impacts of the project, the plaRnin~ Director has determined that the Rropos.ed project would not have any potential significant adverse effects on the environment and that an environmental impact report need not be prepared. This..!ni. ti~l Study is available for review at the Planning Department, 20Q Bernal ~yen~. Pleas~nt~n, California. Comments on this decision m~Y 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 report dated November 8, 1978, regarding this matter. Mayor Mercer declared the public hearing open on the application and the negative declaration. Mr. Bob Grove, 5555 San Jose Drive, representing Mission Park Homeowners Association, presented detailed maps and figures regarding the proposed rezon- ing and stated this group was concerned about the excess and imbalance in the number of multiple units in Mission Park. He stated the Association favored rezoning the 4 acre parcel and the 1.2 acre lot to ~M-4000, and placing the 2.5 acre lot in a Study District for further review. Ms. Judith Mayhew, 5584 San Jose Drive, also representing Mission Park Home- owners Association, stated there was a need for lower income housing for elderly and young families and that condominiums and garden court homes could supply this need and also keep people supporting local businesses as opposed to apartments with rentors who would not shop locally. She supported the rezoning as proposed by Mr. Grove. Mr. Steve Chandler, Attorney representing the property owner, stated his client was opposed to the proposed rezoning. He presented an Annexation Agree- ment dated March 4, 1963, and attached Exhibit B, setting forth the conditions of the annexation. He also presented a PUD plan approved by the Planning Com- mission in 1963, and a proposed land use summary relating to density. He stated he felt the City had a moral obligation to allow the property owner to develop in P~I-i500 District zoning as set forth in the Annexation Agreement. Mr. Chandler stated the property could not be developed sooner because of the sewer problem. He reiterated his position that he felt it was unfair to the property owner to negotiate with the City after working out a detailed plan with the City Council, Planning Commission, and City staff, developing in an orderly fashion and then when the property is capable to being developed along those plans and after pay- ment of taxes on the basis that this property will be higher density and payment of assessments, for the City Council to make a zoning change. There being no further public testimony, Mayor Mercer declared the public hearing closed. After discussion, it was moved by Councilmember Brandes, and seconded by Councilmember Kephart, that Resolution No. 78-283, determining on the basis of initial environmental study done for this project, that no significant environ- mental impact would occur as outlined in the City;s guidelines and that a Nega- tive Declaration is appropriate to fezone three parcels of land located in the Mission Park area:a 4 acre lot located on the south side of Junipero Street midway between Sunol Boulevard and Sonoma Drive to be rezoned from RM-1500 (Multiple-Family Residential - 1500 sq. ft. per unit) District to the RM-4000 (Multiple Family Residential - 4000 sq. ft. per unit) District; a 2.5 acre lot located on the south side of Junipero Street at Sunol Boulevard to be rezoned 5. 11/14/78