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Councilmember Sullivan disclosed that he had a conversation about this with Mr. Dolan today and as he understood it, the thick purple band is the fault zone but the fault is not accurately mapped within that band. Mr. Dolan agreed and said there has not been detailed trenching, but staff knows it is in there and it has been verified with extensive trenching in another area. Councilmember Sullivan said he has some concerns about these houses and would typically not want to approve them. He said he is willing to take Councilmember McGovern's suggestion and have the Planning Commission review the specific houses, grading, how homes sit on each lot, and visual simulations for how houses look and not rely on what has already been received. If there are any houses that are 40 feet tall or stepped in any way, the Planning Commission should have the discretion to indicate it is too massive or visible and require something different. Mr. Dolan said staff is supportive of this procedure, as well as the applicant. However, the way the process is set up, the applicant's project architect does an internal design review and then it comes to staff and it is forwarded to the Planning Commission, they would have the opportunity to appeal. But if the Council requires homes to be reviewed and approved by the Planning Commission, he would like to eliminate the other preliminary step proposed to have the internal outside architect reviewing the individual projects. He confirmed staff would still review it, and the Council said they were comfortable with this. Councilmember Cook - Kallio questioned if the applicant was entitled to 14 units and they are asking for modifications. Mr. Dolan said they have an approved PUD plan of 14 units. Their tentative map expired and there are some feasibility issues with the 14 lots. Councilmember Cook - Kallio questioned and confirmed with Mr. that the plan went from 8 lots, 6 lots which was approved by the Planning Commission, and now the plan is at 4 lots due primarily to environmental concerns. Councilmember Cook - Kallio said there are different stages in a planning project, and the City is more environmentally sensitive now than it was 20 years ago. She said houses can either be graded down flat and a house could be placed, or the house can be wrapped around the topography which is more environmentally sound. Mr. Dolan said this is generally true with lots of exceptions. Mr. Dolan said houses are less visible if wrapped around the topography depending upon the angle and topography and it really depends on the design. In general, the more one works more with the topography as opposed to creating a flat spot that does not currently exist, it is more environmentally sensitive. Councilmember Cook - Kallio said when Councilmember Sullivan referenced the letter from U.S. Fish and Game, she confirmed that the City had tried to address their concerns, but they had not responded back, which she said was odd. Councilmember McGovern referred to Condition 32 on page 9 and questioned the construction equipment and noise level at 83 decibels at a 25 foot distance from the property boundary. She was not sure how many feet the Science wing is from this boundary. Mr. Fialho asked Mr. Tassano what the road width was in front of the Yee property, directly across from Foothill from one stretch to the other. Mr. Tassano said it is about 55 feet. Councilmember McGovern asked that this also be looked at to determine whether the decibel level will restrict children from learning in the Science wing. Mr. Dolan said he thinks it will be fine because building sites will be far up the hill and Vice Mayor Thorne agreed and said noise travels but it tends to deteriorate according to the inverse square law so it will lose half the sound power at 50 feet. Councilmember McGovern still requested this be reviewed to ensure the City is good neighbors to the school. City Council Minutes Page 14 of 16 June1, 2010