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some discretion for minor modifications that are still within the language of the conditions, and this is how they would be resolved. In response to Commissioner O’Connor’s inquiry regarding what the current zoning was on the property adjacent to the Legacy Partners property, Mr. Otto replied that it was unincorporated land within Alameda County. He added that the City will be undertaking a specific plan for that area after the General Plan Update is completed. Commissioner O’Connor inquired if there is a General Plan overview of what is anticipated and if this is part of a mixed-use area. Mr. Dolan replied said there is no designation. He stated that staff had to make some assumptions for cumulative impacts in the EIR and could not simply assume that the land would not be developed or that what is in the City limits and the General Plan was being adequately analyzed. He added that some place holders had to be put in, which assumed a fair amount of commercial development with very little residential. He noted that while that does not have any status, it provides a certain level of environmental analysis. He indicated that the ultimate determination is left to the specific plan process. THE PUBLIC HEARING WAS OPENED. Pamela Hardy, Applicant, Ponderosa Homes, stated that they had made some refinements to the site plan as a result of the Planning Commission’s input as well as the Conditions of Approval established under the City Council’s purview of the PUD. She indicated that she was not aware that there was a condition clarifying that the applicant would not be paying for the appraised value of the trees to be removed and was pleased about it. She requested that it be included in the Conditions of Approval. With respect to tree replacement, Ms. Hardy indicated that this would generally occur in a situation where the project had a direct impact. She noted that in this case, the public trail is an off-site amenity in which the Council had expressed an interest after the Ad Hoc Trails Committee and the Parks and Recreation Commission discussions. She stated that they are not anticipating doing the tree replacement and also reiterated that they are paying substantial park fees in addition to providing the amenity. She added that replacing the trees would require long-term maintenance involving irrigation, among other things. Commissioner Blank disclosed that he knew Sherryl Dennis socially but has not discussed this project with her. Sherryl Dennis stated that the trees had always been an issue in the area. She noted that when Zone 7 took care of the unincorporated strip of land, there were a lot of dead, dying, and falling trees in the neighborhood, and the City did not have the money to take care of them. She added that when Ponderosa built the Ironwood PLANNING COMMISSION MINUTES, April 15, 2009 Page 5 of 24