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In comparing the two projects, each home shall have a minimum of 100 LEED points. Originally 248 trees were going to be impacted without defined mitigation and under the 4 lot project, 67 trees would be lost and staff identified strict ratios of 3:1 for heritage trees, and 1:1 for non heritage trees and they identified specific areas where this could be accommodated. He then presented areas A -1 through A -5. Mr. Dolan said one issue associated with the project, as is typical with all hillside projects, is visibility. There were a series of before and after visual simulations prepared, identifying the view from West Los Positas just to the west of 1 -680, elevations, and spread of what is currently there. From that same location, he presented the four Tots mixed in. All are visible to some extent from this particular location, but their elevations are below in some cases to what exists now and it adds somewhat of an infill look. He presented another view point from the south entry of Foothill High School looking up the hill, and the home will be able to be seen on Lot 2. He presented an older graphic of Lots 3 and 4, stating there is a home to the left which was removed from the project. He presented views from Laguna Oaks Park existing homes scattered on the hill and the only one seen from this location is Lot 2. Regarding environmental issues, Mr. Dolan stated that a number of species were investigated, such as the Alameda Whip Snakes and none were found on site, nor was there suitable habitat. However, there have been Whip Snakes found some distance away, but they are mobile and there is mitigation in the CEQA document that would require the applicant to install fencing around the building sites throughout grading and construction so the snake could not be hurt from the activity. Also investigated was the California Red Legged Frog, Tiger Salamander and the Calipe Silver Spot butterfly. Staff determined that there was no habitat for those species. They had the applicant's biologist conduct the work for the site and staff had it peer reviewed by its own biologist who concurred with their findings. He said the next set of issues was nesting birds; the San Francisco Dusty Footed bat and Roosting bats. They were not found on site, but it is possible they could enter the site. Therefore, additional surveys need to be done immediately before construction begins to ensure mitigation. Finally, the Planning Commission discussed at length the issue of the bike path and whether or not 200 feet without the bike path was problematic, and ultimately did not recommend anything different than staff recommendation. Mayor Hosterman referred to nesting birds and said they would have to make an investigation of the site 15 days prior to the intent to begin construction. If they found a nesting bird, she confirmed with Mr. Dolan there were specific procedures to follow, and he could have the biologist go through them. Mayor Hosterman felt developers would need to understand there are certain seasons where animals are nesting and raising their young, and construction should not go on, or tree removal should not occur when there are baby's nests in the trees. Mr. Dolan agreed. Mr. Dolan said the Commission also discussed the request for a change in the height limitation, and after discussion, did not make a recommendation to change what had been presented and agreed to the 40 foot guideline as recommended by staff. The Commission did ask that the activity of Foothill High School be disclosed to potential purchasers of homes. In response to some testimony from speakers who had previously commented on the environmental document, they asked that staff investigate potential impacts to some specific trees which are numbered in the report. Staff added a condition regarding this. They wanted to clarify construction hours and City Council Minutes Page 9 of 16 June1, 2010