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Council discussion ensued regarding whether or not Dr. Goldman's testimony requesting a delay regarding this rezoning pending consideration by the State of his group's application for a Certificate of Necessity was pertinent to the application before the City Council tonight. Councilmember Brandes stated he felt that it was important, while the remainder of the Council considered it irrelevant. There being no further public testimony, Mayor Philcox declared the public hearing closed. After discussion, it was moved by Councilmember Mercer, and seconded by Councilmember Herlihy, that Resolution No. 76-205, finding that the Environ- mental Impact Report for the proposed rezoning of approximately 62 acres of land owned by Anthony Morici and Valley Memorial Hospital: 1) conformed to the guidelines for environmental impact reports; 2) the project will have significant impacts upon the environment, many of which can be mitigated to lessen this impact; 3) established the boundaries of the project with those set forth on Page I1-23, Vol. II of the Environmental Impact Report for the project; and 4) the beneficial aspects of the project, providing a hospital and related medical and housing facilities outweighed the environmental effects upon the project, be adopted. The roll call vote was as follows: AYES: Councilmembers Herlihy, LeClaire, Mercer, and Mayor Philcox NOES: Councilmember Brandes ABSENT: None Councilmember Mercer, in making his motion for Resolution No. 76-205, identified with particularity the adverse effects upon the environment and the mitigation measures necessary to minimize said effects. These adverse effects of mitigation measures were set forth in the July 30, 1976, memoran- dum from the Director of Planning to the Planning Commission, which was in- cluded in the City Council packet. Councilmember Brandes stated he voted No because of the traffic circula- tion impact that this application would create on Santa Rite Road. After further discussion, it was moved by Councilmember Mercer, and seconded by Councilmember LeClaire, that Ordinance No. 792, to be read by title only and waiving further reading thereof, rezoning approximately 62 acres of land located between West Las Positas Blvd., the Southern Pacific Railroad tracks, the Tassajara Canal and Santa Rite Road, as follows: the 23 acre hospital site to be zoned P (Public and Institutional) District and the remaining approximately 39 acres zoned Planned Unit Development (0 and RM-2500) District, subject to the following conditions: (1) that the appli- cant shall undertake to implement those mitigation measures identified by the environmental impact reports that have been or will be prepared for this project and that have been required as mitigation measures by the Planning Commission and/or City Council at any developmental stage of the project; (2) that the applicant be aware that the subject property will undergo an environmental assessment at each developmental stage, and based on such assessment the City may require further environmental investigations, reports or studies; (3) that development of the PUD zoned land not precede development of the hospital complex; and (4) that the applicant be advised that sufficient sanitary sewer connections are not now available to sewer the subject property and that the time schedule when service will become available is uncertain, that the subject property is in the Valley Community Services District sewage treatment service area and that it is not on the existing VCSD priority list as set forth in 'Exhibit B to a Settlement Agree- ment dated November 8, 1972, that without listing on the priority list it may be many years before VCSD has capacity for the subject site, that the Sunol Sewage Treatment Plant will not serve the subject property under any conditions, that a building permit cannot be issued for construction on the property until sewage treatment capacity is available or a private sewage disposal system is approved by the City Council, that any approval of a private sewage disposal system would not entitle the development to any priority for a sewer connection, that if the development were approved for a private sewage disposal system, the property will remain on said system until sewer capacity became available at VCSD at some unknown future date, 3. 9/13~76