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35; Mayor Philcox declared the public hearing open. Mr. Woody Peteira, representing the applicant, spoke in favor of the application and presented background information regarding this area. Mr. John Fitzgerald, 4869 Del Valle Parkway, spoke in opposition to the Environmental Impact Report due to traffic impact from the proposed Del Valle Parkway. He stated he was not in opposition to the rezoning. There being no further public testimony, Mayor Philcox declared the - public hearing closed. After considerable discussion, it was moved by Councilmember Herlihy, and seconded by Councilmember LeClaire, to continue this item for thirty days for additional information and review. After further discussion, Councilmember Herlihy withdrew his motion, and Councilmember LeClaire withdrew her second. It was moved by Councilmember Mercer, and seconded by Councilmember Brandes, that Resolution No. 76-183, denying the application of Morrison Homes, Inc., to rezone approximately 24 acre vacant site located south of ~ Del Valle Parkway and immediately east of Hopyard Road from the PUD ~.~ (Planned Unit Development) District to the R-1-6500 (Single Family Resi- (D dential) District, be adopted. ~ The roll call vote was as follows: ~J AYES: Councilmembers Brandes, Herlihy, LeClaire, Mercer, and Mayor Philcox ~'~ NOES~ None ABSENT: None Morrison Homes was requested to submit a preliminary plan under the current zoning for the Creeks Bend area for review by a committee desig- nated by the Mayor consisting of one Councilmember, one Planning Commis- sioner, staff, and one homeowner representative from the area. No action was taken regarding the Environmental Impact Report in light of the Council's decision not to approve the rezoning. Application of the Plannin~ Commission for a revision to Article 26 (Vari- ances)I Chap.ter 21 y~tle II (Zonin~ and Development) of the Ordinance Code of the City of Pleasanton~ which would change certain sections to conform to State Law Mr. Harris presented his report dated August 4, 1976, regarding this matter. Mayor Philcox declared the public hearing open. No one in the audience spoke in favor of or in opposition to this item. Mayor Philcox declared the public hearing closed. It was moved by Councilmember LeClaire, and seconded by Councilmember Herlihy, that Ordinance No~ 791, to be read by title only and waiving further reading thereof, for a revision to Article 26 (Variances), Chapter 2, Title II (Zoning and Development) of the Ordinance Code of the City of Pleasanton, which would change certain sections to conform to State Law, be introduced. The roll call vote was as follows: AYES: Councilmembers Brandes, Herlihy, LeClaire, Mercer, and Mayor Philcox NOES: None ABSENT: None ~eaJ. o~ Eddie Sanders of a decision of the Boar~_o_jf~A__djJj~t~mep.~ denying Case U.-76-12~ an application for a Variance to allow the installation of a free-stand~n in front of the 7-Eleven Store located at 3760 Hop- yard Rqad, zoning. fOr the propert~ is C-N (Neighborhood Commercial) Dis- trict Mayor Philcox declared the public hearing open on this item, and con- tinued to the meeting of August 23, 1976, 8:00 P.M., Pleasanton Council Chambers, 30 West Angela Street, at the request of the appellant. 4. 8/9/76