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b. PUD-87-19-03M – Dr. William & Lydia Yee and Marty Inderbitzen Application for a major modification to an approved Planned Unit Development to allow four custom lots, where six were previously approved,onan approximately 29.8-acre site, custom lot design guidelines, and off-site construction and access realignment on Foothill Road located at 4100 Foothill Road. Zoning for the property is zoned PUD-LDR/RDR/OS (Planned Unit Development – Low Density Residential/Rural Density Residential/Open Space) District. Also consider the Negative Declaration prepared for the project. Marion Pavan presented the staff report and described the scope, layout, and key elements of the project. Commissioner Pentin inquired if roosting bats were those known for occupying rock overhangs and crevices. Mr. Pavan said yes. He added that they primarily occupy nests built into trees and rocks. Mr. Pavan noted staff and the applicants worked closely together to make the project work. He added that staff has attached a recommended change to Condition No. 60 which both the applicant and staff concur with, and recommended that it be incorporated into the motion, in addition to some clerical corrections made to Tables 2 and 3. Mr. Dolan stated that staff had the unfortunate experience of receiving environmental comments after the Planning Commission hearing, which staff believed should be addressed prior to having the project go before the City Council. He added that the comments received resulted in the project as described in the staff report. He noted that the two largest issues they struggled with are the loss of oak woodland trees and impacts to the ditch related to the bike lane. He noted that the impact of the construction of the ditch was under-estimated, as the agency was requiring that the City move the ditch up the hill. He indicated that in order to accomplish this and keep the grades correct, there would be a lot of grading, and all trees along the road would have to be removed, which would have resulted in an appearance that would be very different than what the Commission was anticipating.He added that this was the primary reason the project is returning to the Commission. Mr. Dolan stated that only 200 linear feet of the total 1200 linear feet in bike lane would be lost, and while this is not ideal, the project is providing 1,000 linear feet of bike lane. Commissioner Pentin commented that the 200 linear feet where the bike lane would be lost is probably where the most critical need is, and his concern is that this will not change in the future. PLANNING COMMISSION MINUTES, April 28, 2010 Page 3 of 15