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numbers of lots. Councilmember McGovern disagreed and read the General Plan which <br />characterizes the site upland areas as moderately susceptible to landslides and highly <br />susceptible to erosion. She said the soil on the hill slopes is severe to very severe, erosion <br />factors with rapid run-off, there was a recent slide at lots 13 and 14 and she said she was <br />concerned. There could be some changes given the City has signed itself off into a <br />development agreement, which takes precedence over the conditions in the PUD. <br />City Attorney Roush said the development agreement provides that, with respect to subsequent <br />approvals, the City has the right to make changes to the project if those are the result of <br />environmental mitigation. If the geotechnical information came back and indicated certain other <br />items had to be done or a house could not be situated in a certain area, nothing in the <br />development agreement would preclude that from happening. The agreement simply provides <br />that if there are subsequent approvals the Council has the right to modify those in its <br />furtherance of mitigation measures identified, which this has. <br />Councilmember McGovern referred to building height and said the EIR states it would allow a 3- <br />story tall house provided that no 2-story section overlapped and she asked if this was true. Mr. <br />Iserson said yes, the house might step back, have three different levels, but no more than 2 <br />levels in one area, and it could be built all within the height limit of 30 feet on a parallel plane to <br />the slope. <br />Councilmember McGovern referred to the square footage of homes and confirmed that <br />secondary units must be allowed on the lots. She asked whether or not an owner could build a <br />house of 9,000 square feet and another one at 3,500 on the same property. Mr. Iserson said the <br />condition of approval for second units is that they are required to be attached to the main house, <br />which would not permit detached second units. Councilmember McGovem also questioned and <br />confirmed that height limits were 15 feet for accessory buildings. <br />Regarding the Callippe butterfly and environmental issues, she received an email from a <br />resident who had contacted Dr. Arnold and he did not know the City had asked another Ph.D. to <br />determine the butterfly site. She said there is a letter from Dr. Murphy from Nevada, who has <br />not gone out to the site but has indicated there is no Callippe butterfly. Mr. Iserson said the <br />matter is not resolved to the point of determining whether or not there is a Callippe butterfly, it <br />needs further study and a determination made by Fish and Game before an answer is known. <br />Councilmember McGovern said Dr. Arnold told the resident that US Fish and Game takes all <br />species of the Callippe and sees them as endangered species. She was surprised this had not <br />yet been resolved and questioned the future process to resolve it. Mr. Iserson said there needs <br />to be further analysis conducted to determine the presence of the butterfly, whether it is the <br />species that is endangered and if so, that determination is made before the final map by the <br />appropriate environmental agencies, and appropriate mitigation measures must be <br />implemented. <br />Councilmember McGovern said she lives off of the Pleasanton ridge, has lived there before <br />Measure F passed, and if you stand at the light at Bernal and Valley and look up at the ridge <br />face, homes that have been there for 15 years or more are not screened and are very visible. <br />She asked staff why the City has not gone back and request they be screened, which were <br />within the conditions of approval. <br />Mr. Iserson said it depended upon which home development it was and said many homes were <br />not required to be totally screened by trees. He said one that did is Golden Eagle and even <br />those were not required to be screened in the manner that this project is. <br />City Council Minutes 10 October 2, 2007 <br />