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9 Mr. Swift replied that it would most likely be focused only on the issue of the rare and endangered species. Mr. Tarver asked Mr. Swift if he were aware of the finding when the agreement was made. Mr. Swift replied that to his knowledge the snake was not found until after that PUD process was completed in April. He added that it was immaterial whether the information was available before or after the agreement was signed because the agreement provides, as required by the CEQA process, that any subsequent discovery that was not contemplated at the time the PUD and Negative Declaration were approved would require the project to go through another environmental review process. 6. PUBLIC HEARINGS Item 6a AP-91-05/Z-91-96, Mehdi and Beverly Javaheri, Appeal of a Condition (Condition No. 12) of the Design Review Board ADDrOyal for Case Z-91-96 Pertaininq to the Installation of a Wrought Iron Fence Between the Side Elevations and the Site's Side Yard Property Line in Conjunction with the Development of a 3,740 Square Foot Sinqle- Family House Located at 2113 Cascara Court, Lot No. 7 of the Golden Eagle Farm Subdivision (SR 91:348) Mr. Mercer declared the public hearing open on the application. Ms. Beverly Javaheri, 35662 Beeching Lane in Fremont, stated that all through the process, she and her husband have demonstrated the willingness to meet, and sometimes exceed, all the modifications requested by the Planning Department and the Design Review Board. She indicated that the proposed fence was in keeping with the design and landscaping of the house, which in turn are in harmony with the natural beauty of the site. There being no further testimony, Mr. Mercer declared the public hearing closed. Mr. Butler stated that he had no objections to the wrought iron fence, which was not in conflict with the guidelines of the subdivision. Ms. Mohr indicated that attractive wrought iron fences have been used in a number of locations along Foothill Road. - 6 - 9-3-91