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the property, and those would be able to be preserved in the backyards of some of the <br /> proposed lots. Therefore, instead of removing 20 trees, they would remove 18 with 2 saved. <br /> The applicant will have to pay approximately $40,000 to the City's Urban Forestry Fund. <br /> Vice Mayor Cook-Kallio questioned if the materials presented to the Council reflected the <br /> corrected tree report. Mr. Dolan stated the report reflects the trees on the lot, and he clarified that <br /> trees removed by the railroad were not on this property. Those were made mention in the original <br /> tree report and tree expert, Mike Fulford, was to do more investigation on that issue. <br /> Councilmember McGovern confirmed with Mr. Dolan that 12 of the 18 trees were determined to <br /> be heritage trees. Mr. Dolan deferred to Mr. Fulford. <br /> Mike Fulford explained that the original report was prepared in 2009. The consulting arborist <br /> inspected all trees in late 2008. At that time, he found there were 25 trees on site. 2 were dead, <br /> with 13 different species and a couple trees were identified off-site on the railroad corridor. In mid- <br /> 2009, UPRR examined their corridor to look for site distance problems, fire hazards and other <br /> obstacles, and they removed 3 trees north of this property which are not a part of the appraisal <br /> values given. <br /> • A neighbor to the east has installed some photovoltaic (PV) panels on an accessory structure <br /> in the rear of their property. This property is a pre-existing, non-conforming structure. There <br /> has been some remodeling of that facility over the years. The roof is newer and some work <br /> has been done to the siding. They were able to look as far back as 1990 to determine whether <br /> that work was permitted and was not able to get to the records. There were permits for the PV <br /> and staff is assuming it is legal. <br /> The concern over the PV is that the project would cast a shadow on the structure that sits on the <br /> property line. A good portion of the problem has been solved with the removal of the 14th lot, and <br /> he presented graphics showing the shadow in two different analyses, and both are consistent. He <br /> presented the graphic of the landscape plan for the open space, the lot removed, the existing <br /> garage, and an outline around the property line. He presented the applicant's shadow analysis <br /> which is consistent with what was provided to the neighbors and explained the neighbor's version <br /> which is easier to read and actually covers more timeframes. <br /> Vice Mayor Cook-Kallio clarified shade locations and asked if the problem would be solved if the <br /> door was flipped and the chimney was made to be a corner chimney. Mr. Dolan said he believes <br /> not much is gained by moving the chimney; however, having a chimney is not necessarily <br /> mandatory. <br /> Councilmember Sullivan asked if an analysis was done in the middle of June which he said would <br /> have been the highest production for the PV panels. Mr. Dolan said he did not believe so, and <br /> stated there would be a lot less shadow. Councilmember Sullivan referred to 4 panels being <br /> shaded and pointed out that half of the panels on a roof may be unproductive with one area of <br /> shading, so the problem extends beyond what the shading analysis shows. <br /> • Lastly, there are noise sources on the site exist along Old Stanley and much more so along <br /> the railroad. Staff conducted a noise analysis and significant mitigation was required to meet <br /> all of the requirements in the General Plan. Ultimately it was proposed, and staff and the <br /> Planning Commission agreed, that it would not be reasonable to apply General Plan <br /> standards to the whistle of the train when it went by. To mitigate noise from the train when the <br /> whistle is blowing, a noise wall of 29 feet would need to be installed, as well as special <br /> windows. This had not been the direction by Council in the past and the attempt was to <br /> mitigate all the noise impacts but for the train whistle. With the STC-rated openings for <br /> City Council Minutes Page 6 of 16 September 6,2011 <br />