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• changes would better accommodate the building sites on the subdivision lots. It would enable the sites to be located away from freeway noise, would accommodate subdrains and retaining walls for geotechnical protection in landslide areas and preserve existing trees on some lots. Mrs. Huang, noted that they had agreed to the subdivision conservation easement conditions believing that this was required by the Town's Municipal Code. Upon further review, it was determined that to be compliant with the Town's Code, it was not necessary to give conservation easements on slopes of 30%. Robin B. Kennedy— Counsel for the applicant, 545 Middlefield Road, Menlo Park distributed a letter that she had faxed to the Council. She commented that her client realized that the conservation easements she had agreed to for the Tentative Map were not workable for her project and the language in Conditions of Approval #5 should allow her client during the Final Map process to relocate the conservation easements subject to the approval of the City Engineer and Planning Director. Kennedy added that she felt a revised Tentative Map was not required for this process. Henry Ahumada, 27690 Arastradero Road, immediate neighbor to the Huang subdivision, spoke in favor of the project. He felt it would be an asset to the neighborhood. Kristen Powell, Counsel representing the Mills family who reside at 14414 Saddle Mountain Road, addressed the Council. She commented that at the last City Council Meeting, staff had been directed to revise and redirect the Notice of Intent. She felt staff had failed to perform this charge. Powell added that the 20-day noticing period requirement had not been met and Council • should consider this item a new action. The City Attorney clarified for Council the noticing requirements of CEQA adding that the Town was in substantial compliance. Sandra Humphries, Environmental Design Committee, added that the percentage of slope was not the only issue to be addressed but drainage swales and the scenic highway element were additional concerns. Dot Schreiner, 14301 Saddle Mountain, commented that the application had been substantially changed and should be rescheduled for a new Public Hearing at the Planning Commission. Councilmember Casey stated that she had spent a great deal of time familiarizing herself with all aspects of this application. She felt it was important to explain her findings in detail for everyone to understand her support of this project. Notably, all CEQA requirements have been satisfied; the mitigation-monitoring plan is not being changed; the integrity of the subdivision process has not been compromised; and the Tentative Map stage prior to the Final Map is the appropriate time to make modifications to the subdivision. Casey added that conservation easements are not part of the consideration process that determines the number of lots the applicant is permitted. Strict mathematical calculations as outlined in the subdivision act, not subjective conditions, determine the allowable number of subdivision lots. She feels the Huang project is in full compliance with the Town's General Plan. In addition, Casey said that no mitigation measures would be impacted or negated by changing the slope requirement to 50% for conservation November 21, 2002 5 Regular City Council Meeting