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State Clearinghouse for distribution. Staff also sent the IS /MND to the COAS, CNPS, COF, and the USFWS representatives directly after the State Clearinghouse referral of the IS /MND. Staff has not received formal comment from these agencies to date. As conditioned, the applicants must receive all their agency permits before the City will issue its permits to allow construction to begin. The environmental issues of this application have been evaluated by the applicant's consultants in the attached reports. They were, in turn, evaluated by staff; were peer reviewed by an outside environmental consultant retained by staff and by responsible Federal and California State agencies; and are addressed with applicable conditions. Staff, therefore, considers the Mitigated Negative Declaration to be the appropriate environmental instrument for this application and that it can be issued in conformance with the California Environmental Quality Act. Scope of the Discussion and Recommendation The four -lot project will preserve the existing trees adjoining Foothill Road by the channel thereby maintaining the appearance of this portion of the site facing Foothill Road. To do this, however, means that the 180 -foot to 200 -foot section of the bicycle lane in this area of the site will not be constructed; the other sections of the bicycle lane will be constructed along the remaining sections of the project's Foothill Road frontage. On the short section of Foothill Road by the channel, bicycles and cars will use the same travel lane. The Planning Commission had directed staff and the applicant to preserve the channel, the trees by the channel, and to extend the bicycle lane along the project's entire Foothill Road frontage. Since the Planning Commission's previous direction cannot be completely achieved, staff is, therefore, bringing the revised project with the revised project plans, consultant reports, and IS /MND back to the Planning Commission for the Commission's review and recommendation. The following staff report and revised draft conditions of approval address the areas of the project related to the bicycle lane construction, project phasing, and environmental mitigation. As requested by the applicant, the report also considers an alternative method to measure the building heights for these lots from that established by the West Foothill Road Corridor Overlay District. 11. SUBJECT PROPERTY Subject Property In 1989, the City Council approved 20 lots; 14 lots on the Yee property and 6 lots on the Tong property (Tract 6275 Equus Court) under the original PUD approval (PUD- 87 -19). PUD -87 -19 covered an approximately 50 -acre property. The original development plan, attached as Exhibit G, also provided project amenities and open space area, accessed by private streets and an emergency vehicle access (EVA). Figure 2, on the following page, is an aerial photograph showing the boundaries of PUD -87 -19 in red and the lots of Tract 6275 and Parcel Map 3692 that are part of PUD -87 -19 in yellow. Item 6.b., PUD- 87- 19 -03M Page 5 of 37 April 28, 2010