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removed by the new construction. Staff considered this to be an acceptable trade -off given the proposed lowered grade elevation in the central area of the site, where the Heritage trees are located, intended to improve the accessibility of this area of the project for persons with disabilities. The applicant proposes cobblestones beneath the existing trees facing Bernal Avenue and Case Avenue. The preferred treatment for the long -term health of these trees is an organic mulch. The applicant concurs to make this change which is reflected as a draft condition of approval. Growth Management Allocations Development of this property would fall under the "First- Come First Serve" category of the City's Growth Management program, which has an annual, non transferable allocation of 100 units. For 2010, the City has not issued any new building permits for multi family residential units or single family residential units. VIII. HOUSING COMMISSION ACTION The Housing Commission held a public hearing on February 18, 2010 to review the attached Moderate- and Low- Income Housing Agreement, Exhibit E, for the 36 -unit proposal. Detailed information is provided in the Housing Commission staff report and meeting minutes, Exhibit F. The Housing Commission voted 5 -0 to recommend approval of the agreement. IX. PUBLIC COMMENT The public noticing map for this application is attached to the Planning Commission's packet as Exhibit J. Public notices were sent to all residents living in the Civic Square Apartment development and to all property owners and tenants within a 1,000 -foot radius of the project site. As of the writing of this staff report, staff has not received any verbal or written comments from the public. All verbal /written comments pertaining to this proposal will be forwarded to the Planning Commission. X. ENVIRONMENTAL ASSESSMENT The proposal is exempt from environmental review under Section 15332, In -Fill Development Projects, of Article 19, Categorical Exemptions, of the California Environmental Quality Act (CEQA): "Class 32 is characterized as in -fill development meeting the conditions described in this section. (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, Item 6 .b., PUDM- 84- 21 -04M Page 14 of 17 March 10, 2010