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Matthew Nelson, a 22 -year veteran of Pleasanton, apologized in advance that he talks in mostly bullet points: • The comments to the road over the hill. The road is visible from his backyard and for the most part is completed to the top of the ridge; it is only from the ridge going down that has not been completed. So it is not like a new road will be cut going up the hill, and the road in question is only one that is going down. • Traffic counts. First, folks from other neighborhoods will come down Lund Ranch Road to go to Raley's and vice versa. The traffic count number is highly suspicious because if it is truly a loop, then everybody will come through Sycamore Road over to Raley's because it is just easier. Secondly, all the cut - through traffic that will come to Independence Drive and go around the big slide park will be further exacerbated by people who will find the path of least resistance, where there is no traffic congestion. That will be coming up through Sycamore Road, which means looping all the way through Lund Ranch Road. • The comments on the EIR about mitigation through proper draining and so forth is much more than that. Any upsetting of the drainage canal will affect trees because they will have no water. The wetland area that is currently there is a breeding ground for the Tiger Salamander. Mr. Nelson stated that his overall comment is that he understood the Ventana Hills issue is not a legal question, but he asked the Commission to look at the intent and honor the agreements of the past because they reflect what the guidance was. Chair Allen thanked all the speakers for being respectful of one another. She then called for a break at 9:50 p.m. and thereafter reconvened the meeting at 9:56 p.m. Mike Meyer clarified some of the points that were brought up: • Shapell Industries never had an interest in Lund Ranch II, and Greenbriar did not have an interest in the property until 1998. • As Mr. Dolan explained, the Ventana Hills agreement was an agreement between two other parties that did not involve the owner of Lund Ranch II. This is a situation where two people are agreeing what they will to do for a party without that party being at the table, and that is not fair. Additionally, the condition itself on the Bonde approval that was adopted on Ventana Hills says that "Shapell use best efforts to acquire the property interest to have that connection." Shapell did not acquire that property just to have that connection; that was supposed to be an arm's length transaction. Mark Falgout, RJA Civil Engineers, referred to Figure 6 on page 13 of the staff report and stated that they did some preliminary design on Sunset Creek Lane, and essentially, about 11,000 cubic yards of dirt would be moved, which would impact about 33 trees, 22 of which are Heritage -sized trees. He indicated that the total graded area is about 2.7 acres , of which 1.7 acres are within the 25- percent or greater slope. Rick Hopkins, Live Oak Associates, Biological Consultant for Greenbriar II, reiterated what the EIR and the staff report stated, that the alternative to a Sunset Creek Lane connector PLANNING COMMISSION MINUTES, February 25, 2015 Page 30 of 46