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Filling this channel will require review under permit applications by the United States Army Corps of Engineers (USACE), the Regional Water Quality Control Board (RWQCB), the California Department of Fish and Game (CDFG), and the United States Fish and Wildlife Service (USFWS). However, as previously stated, removal of the oak trees and other native tree species in this area is opposed by the California Native Plant Society (CNPS), California Oaks Association (COA), and the California Ohlone Audubon Society (COAS). The Planning Commission also directed staff at its April 13, 2007 public hearing to preserve these trees. Staff regrets the inability to secure both goals of the Planning Commission: construct the entire bike lane and preserve this group of trees. However, to extend the bike lane across the entire frontage requires street widening that must fill a channel due to the location of existing developments and natural features on both sides of Foothill Road in this area. A significant section of bicycle lane will be constructed contributing to the completion of a southbound bicycle lane on the west side of Foothill Road and the existing trees will be preserved. Existing Entrance Gate from Foothill Road Figure 13, below, is a photograph of the existing access gate across the private street serving the Yee and Fuller Smathers properties. Figure 13: The existing access gate off Foothill Road to the Yee and Fuller properties. As shown in Figure 11 (Page 19), the applicants will move the gate approximately 75 to 80 feet farther up the private street from its present location. The applicants and the Fuller Smathers families want to retain the gated access for the reasons including peace and privacy, safety and security. The applicants have stated that they have been impacted by Item 6.b., PUD- 87- 19 -03M Page 21 of 37 April 28, 2010