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8) Mr. Woodall refers to Alameda County Ordinance No. 1128 that allows a cul-de- sac at the Cameron Avenue/Courtney Drive intersection, that required a traffic signal at the Trenery Drive/Martin Avenue intersection, and that specified the development lots ranging in size from 23,000 square feet to 58,000 square feet. Response: The City's PUD zoning and development plan approvals for the Lehman-Selway property supersedes Alameda County Ordinance No. 1128. 9) Mr. Woodall states that an Environmental Impact Report should be prepared for this proposal in that the Initial Study prepared for PUD-50-01M failed to address numerous environmental issues such as riparian birds hunting, nesting, and gathering on the property, and the presence of a red fox family and its den on the property. Response: The new Initial Study prepared for the proposed project updated the project description from the 27 lots of PUD-50 to the 31 lots of PUD-50-01M and to address changes regarding air quality, Livermore airport noise, stormwater runoff treatment, and trees. At the request of staff, the applicant submitted an updated tree survey (Attachment #6) with the major modification application and then submitted an updated wildlife survey (Attachment #6) in response to the recently received public comment. Based on the analyses that have been completed for the Lehman-Selway property, the Lehman-Selway property does not provide any special habitat area, riparian habitat is not present, and the red fox is considered to be a non-native species and invasive and, therefore, does not have regulatory protection. In addition, the requirements of the previous City Council approval — for example, pre-construction surveys of protected species before grading begins — are incorporated into the draft ordinance for the 31-lot development plan. Staff concludes that the updated Initial Study and Negative Declaration are appropriate for the four-unit increase in density of this proposal. AFFORDABLE HOUSING AGGREEMENT In September, 2007, Ponderosa Homes executed an Affordable Housing Agreement for PUD-50. Attachment #9 is the existing Affordable Housing Agreement and Attachment #4 is the draft amendment to the existing Affordable Housing Agreement, amended to reflect the increase in units related to this proposal. Ponderosa has agreed to increase its one-time payment of the Lower Income Housing Fee to include the four additional units; pay the current, higher fee for all 29 new units; and to further reduce rents for five units at its Gardens at Ironwood Senior Apartments for a period of 15 years. The draft amendment to the previous agreement does not require review by the Housing Commission prior to the City Council's action on the proposed PUD modification. Page 13 of 16