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areas with the remaining lot area preserved as permanent open space in private ownership. Design guidelines would control the building and landscape designs. As a custom lot development, separate design review approvals will be required for each individual lot. Previous Planning Commission Hearing, Six -Lot Proposal On August 13, 2008, the Planning Commission reviewed the applicants' proposal for a six lot development plan and recommended its approval. The Commission conditioned the proposal to install a six -foot wide bicycle lane in the Foothill Road right -of -way along the site's entire Foothill Road frontage, a distance of approximately 1,200 feet from the northernmost project boundary to the realigned entrance; to allow a vineyard on the lot facing and adjoining Foothill Road with a conditional use permit; to allow non habitable accessory structures such as barns and sheds in the open space areas of the six lots with a conditional use permit; to require a minimum LEED rating of 100 points for the homes; and to conform to the building height on these lots to the West Foothill Road Corridor Overlay District 30 feet measured from the buildings' lowest to highest point. Based on the engineering plans for Foothill Road available at the time, staff had believed that the road widening for the bicycle lane would not significantly impact the drainage channel adjoining the west side of Foothill Road. This channel drains the ephemeral creeks and streams on the Yee property and the Fuller Frades properties on the west side of Yee to the City's storm drain system that proceeds under Foothill Road and to the Arroyo De La Laguna on the east side of 1 -680. This is an open channel in a relatively natural state making it, therefore, under the jurisdictions of the Army Corps of Engineers, the California Department of Fish and Game, and the Regional Water Quality Control Board, and, potentially, the United States Fish and Wildlife Service. Revised Six -Lot Proposal, Initial Study After the Planning Commission hearing, staff and the applicant then learned, based on an updated Foothill Road alignment plan, that widening Foothill Road for the bicycle lane will require filling the above described channel, which requires streambed alteration permits from these agencies and the provision of new channel area as mitigation. Staff and the applicant then worked out the design with the representatives of the Regional Water Quality Control Board to accommodate the street widening for the bicycle lane. This collaborative effort resulted in a revised six -lot development plan that covered approximately 180 lineal feet to 200 lineal feet of the existing channel; added new open channel parallel to the west side and on the north end of the existing channel at a one -to- one replacement ratio; and meandered the new channel to reduce the velocity of the stormwater runoff before it enters the City's storm drain system. Constructing the new channel, however, also included significant grading of the existing slope bank by the channel that alone removed 22 existing trees, all native species, including 6 Heritage -size trees. Figure 1, on the following page, is a photograph of the channel and the trees adjoining Foothill Road. Item 6.b., PUD- 87- 19 -03M Page 3 of 37 April 28, 2010