Planning Commission - Regular Meeting

YOU OF GOT ME I HAVE GUYS WE'RE LIVING ON WEEKENDS MOMENTS LIKE THIS MAKE THE MEMORIES FOR THESE HAVE THE BEST OF TIMES OH NOW DO BAD GIVE US THAT WE ALL COME DIE WHERE OH YES IS THAT THE LAST I SAID THAT WE ARE GONNA DIE THESE ARE THE BEST TIMES YEARS I LOVE TO ASK WE LIVE WE KNOW WE CAN CHECK ONE TWO CAPTIONS TEST ONE TWO MAKE MEMORIES OH THESE HAVE THE BEST OF TIMES OH NOTHING BUT GOODBYES WHILE WE ALL COME TO LIFE OH YEAH THIS IS THE LAST ONE ON THE LAST DAY WE ALL COME ALIVE THESE ARE THE BEST TIMES FOR OUR WORK THESE ARE THE BEST OF TIMES OH YEAH THE LIGHT IS ON THE SIDE.

WELL, THESE ARE THE BEST OF TIMES BUT NOW COME BACK HERE FAST.

WE ARE IN THE LIGHT.

OH YEAH.

THIS IS THE

THIRD . WELCOME TO THE MARCH 26TH, 2026 PANNING COMMISSION HEARING. CAN THE STAFF PLEASE CALL THE ROLL?

THANK YOU CHAIR COMMISSIONER ANDERSON HERE. COMMISSIONER MORAN HERE. MR. COUNT HERE. COMMISSIONER STRONG MAN YEAH. COMMISSIONER CLARK YOUR VICE CHAIR. KLOPP HERE. CHAIR NEEDING HERE WE HAVE A QUORUM. BEAUTIFUL. I DON'T BELIEVE THERE'S ANY ITEMS ON THE CONSENT. OH, SORRY.

I DON'T BELIEVE THERE'S ANY ITEMS ON THE CONSENT CALENDAR THERE IS NOTHING CURRENTLY ON THE CONSENT CALENDAR AND STAFF HAS NO RECOMMENDATION TO MOVE ANYTHING TO CONSENT COUNCIL PERFECT. ARE THERE ANY DISCLOSURE OF X PARTAKE COMMUNICATIONS? I'M SEEING LOTS OF SHAKING OF HEADS FOR PUBLIC COMMUNICATIONS. WHAT I DO WANT TO SAY THAT THERE'S TWO OPTIONS TWO TIMES WHEN THERE IS PUBLIC COMMENT THERE'S PUBLIC COMMENT ON ITEMS THAT ARE ON THE AGENDA WHICH IS DONE PRIOR TO THE AGENDA ITEM AND DURING IT AND THEN ITEMS THAT HAVE NOTHING TO DO WITH THE AGENDA ITEM. SO IS THERE PUBLIC COMMENT FOR ITEMS NOT ON THE THREE AGENDA ITEMS THAT WE HAVE FOR TODAY? I'M SEEING NONE SO OKAY I LIKE TO THEN OPEN UP THE PUBLIC HEARING PORTION. THE FIRST ITEM THAT WE HAVE IS THE SAFETY ELEMENT PDATE RECOMMENDATION TO CITY COUNCIL AND IT LOOKS LIKE STAFF HAS A PRESENTATION.

THANK YOU. DO YOU THINK THAT WORKS? OKAY. GOOD EVENING CHAIRPERSON I THINK AND MEMBERS OF THE PLANNING COMMISSION TONIGHT'S ITEM IS A GENERAL PLAN AMENDMENT TO THE SAFETY ELEMENT. I'M CRYSTAL DE CASTRO, PRINCIPAL PLANNER AND THE COMMUNITY DEVELOPMENT DEPARTMENT AND I'M HERE WITH DARREN NEWFIELD WHO'S OUR CITY CONSULTANT FROM HARRISON ASSOCIATES STAFF IS REQUESTING THAT THE COMMISSION APPROVE A RESOLUTION IN RECOMMENDING THAT THE CITY COUNCIL ADOPT THE SAFETY ELEMENT THIS EVENING I'LL BRIEFLY COVER WHAT THE SAFETY ELEMENT IS, WHY IT'S BEING UPDATED, THE PLANNING PROCESS AND THE KEY CHANGES. SO LET'S START WITH MAKING SURE THIS POINT WORKS. LET'S START WITH THE GENERAL PLAN AND THE ROLE OF THE SAFETY ELEMENT. I DON'T THINK THIS IS CHARGED SO LET ME OKAY. THANK YOU. OKAY. SO THE GENERAL PLAN IS A STATE MANDATED FRAMEWORK GUIDING THE CITY'S FUTURE DEVELOPMENT. THE SAFETY ELEMENT IS ONE OF THE REQUIRED ELEMENTS AND ADDRESSES RISKS FROM HAZARDS SUCH AS WILDFIRES, FLOODS, DROUGHTS, EARTHQUAKE, CLIMATE CHANGE AND OTHER HAZARDS. IT INTEGRATES SAFETY INTO LAND USE AND TRANSPORTATION PLANNING TO REDUCE THE RISK TO LIFE PROPERTY AND THE LOCAL ECONOMY THROUGH POLICIES, GOALS AND ACTIONS THAT SUPPORT RESPONSE AND LONG TERMY RESILIENCE. SO WHY IS THE SAFETY ELEMENT NEEDED? THE CURRENT SAFETY ELEMENT WAS LAST ADOPTED IN 2006 WITH THE 2025 GENERAL PLAN.

SINCE THEN THE HOUSING ELEMENT WAS ADOPTED AND CERTIFIED IN 2023 TRIGGERING A CONCURRENT SAFETY ELEMENT REVIEW THE LOCAL HAZARD MITIGATION PLAN OR LHP WAS ADOPTED IN 2025 ALIGNING WITH STATE AND FEDERAL REQUIREMENTS SUCH AS PHENO FEMA REQUIREMENTS NEW LEGISLATION AS LISTED HERE ALSO EXPANDED REQUIREMENTS TO ADDRESS FLOOD HAZARDS, WILDFIRE HAZARDS, CLIMATE ADAPTION EVACUATION ROUTES AND EXTREME HEAT HAZARDS. TOGETHER THESE FACTORS MAKE AN UPDATE NECESSARY TO STAY CONSISTENT WITH CURRENT DATA, EVOLVING CONDITIONS AND THE STATE LAWS. SO LET'S GO OVER THE SAFETY ELEMENT UPDATE PROCESS THE CITY INITIATED THE SAFETY ELEMENT UPDATE PROCESS IN 2022 ALONGSIDE THE HOUSING ELEMENT UPDATE IT INCLUDED DATA COLLECTION HAZARD IDENTIFICATION, COMMUNITY OUTREACH, TECHNICAL ANALYSIS AND DRAFTING UPDATED POLICIES, GOALS AND ACTIONS. THE PROCESS PAUSED TEMPORARILY WHILE CONTRA COSTA COUNTY UPDATED ITS LHP AND THE STATE REVISE ITS HAZARD SEVERITY ZONE MAPS BECAUSE BOTH F THOSE WHO ARE CRITICAL TO THE SAFETY ELEMENT UPDATE THE PROCESS WAS TEMPORARILY PAUSED UNTIL THOSE EFFORTS WERE COMPLETED. THE PROCESS HAS NOW RESUMED AND INCORPORATES THESE PDATED RESOURCES AND NEW REQUIREMENTS . COMMUNITY OUTREACH WAS ALSO KEY COMMUNITY OUTREACH INCLUDED TWO COMMUNITY WORKSHOPS AND AN ONLINE SURVEY. PARTICIPANTS IDENTIFIED THESE THEIR TOP CONCERNS WHICH INCLUDED WILDFIRE EXTREME HEAT AND DROUGHT. RESIDENTS EMPHASIZED THE IMPORTANCE OF FIRE MITIGATION INCLUDING VEGETATION MANAGEMENT AND REMOVING DEAD TREES TO REDUCE FIRE RISK. THEY ALSO HIGHLIGHTED THE NEED FOR PUBLIC EDUCATION IN EMERGENCY PREPAREDNESS AND EVACUATION PLANNING, NOTING THAT MANY HOUSEHOLDS FELT

UNPREPARED FOR EXTREME WEATHER CONDITIONS OR POWER OUTAGES. THIS FEEDBACK HELPED SHAPE THE SAFETY ELEMENT UPDATE ENSURING IT ADDRESSES THE HAZARDS MOST IMPORTANT TO THE RESIDENTS. THE SAFETY SUBCOMMITTEE ALSO GUIDED THE UPDATE A CROSS-DEPARTMENTAL TEAM WITH PARTNER AGENCIES AND THE CITY'S CONSULTANT. THEY PROVIDED TECHNICAL GUIDANCE THROUGHOUT THE UPDATE PROCESS. THE SUBCOMMITTEE ENSURED THE PLAN ALIGNED WITH THE CITY'S VISION AND EXISTING POLICIES INCLUDING THE SUSTAINABILITY ACTION PLAN AND THE L.A. SCHEMPP. THEY ALSO REVIEWED THE DRAFT AND THE FINAL DOCUMENTS TO ENSURE IT'S CONSISTENT WITH THE CITY'S POLICIES STATE LAW AND COMMUNITY INPUT BY COMBINING THE TECHNICAL EXPERIENCE WITH PUBLIC FEEDBACK, THE UPDATE IS BOTH DATA DRIVEN AND RESPONSIVE TO THE RESIDENTS PRIORITIES. SO LET'S REVIEW THE KEY UPDATES . THE DRAFT UPDATE CONTINUES TO ADDRESS THE CORE HAZARDS SEISMIC ACTIVITY FLOODING HAZARDOUS MATERIALS FIRE AND PUBLIC SAFETY. THE MAJOR UPDATES FOCUS ON EMERGENCY PLANNING AND PREPAREDNESS AND CLIMATE ADAPTATION AND RESILIENCE WITH EMERGENCY PLANNING AND PREPAREDNESS. NEW GOALS WERE ADDED TO IMPROVE COMMUNITY READINESS, REDUCE VULNERABILITY TO CLIMATE HAZARDS AND TO STRENGTHEN EVACUATION PLANNING, CLIMATE ADAPTION AND RESILIENCE ALSO ADDED NEW SECTIONS ADDRESSING CLIMATE CHANGE IMPACTS ON VULNERABLE POPULATIONS AND PREPARING FOR EXTREME HEAT, HEAVY PRECIPITATION AND DROUGHT. OTHER UPDATES INCLUDE STRONGER WILDFIRE AND VEGETATION MANAGEMENT POLICIES AND EXPANDED PUBLIC EDUCATION AND OUTREACH. SO WE'LL MOVE ON TO THE ENVIRONMENTAL DOCUMENT AND THE DRAFT ELEMENT IN ENVIRONMENTAL DOCUMENT WAS PREPARED ACCORDING TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

THIS WAS AN INITIAL STUDY AND THE NEGATIVE DECLARATION AND THE DRAFT SAFETY ELEMENT THEY WERE ALL CIRCULATED FOR PUBLIC REVIEW FROM FEBRUARY 9TH TO MARCH 11TH AND THE ENVIRONMENTAL DOCUMENT FOUND THERE WERE NO SIGNIFICANT ENVIRONMENTAL IMPACTS.

NO COMMENTS WERE RECEIVED DURING THE PUBLIC REVIEW FOR THE ENVIRONMENTAL DOCUMENT ALTHOUGH FIVE COMMENT LETTERS WERE RECEIVED FOR THE DRAFT SAFETY ELEMENT, NONE OF THE LETTERS REQUIRED MAJOR CHANGES ALTHOUGH ONE OF THE COMMENT LETTERS WERE RECEIVED FROM THE CALIFORNIA GEOLOGICAL SURVEY AND THEY RECOMMENDED EXPANDING DISCUSSIONS ON INSTABILITY AND INCORPORATING EARTHQUAKE HAZARD MAPS BOTH HAVE BEEN UPDATED IN THE SAFETY ELEMENT. AND ONE MORE RECOMMENDATION THAT WAS THAT THEY WANTED UPDATED TO WAS RELATED TO UPDATING A HAZARD FAULT MAP AND THEY'RE CURRENTLY REVISING THAT MAP AND ONCE T'S AVAILABLE WILL INCORPORATE IT INTO THE SAFETY ELEMENT AND THEY EXPECT THAT TO BE COMPLETED BY MAY AND NOVEMBER. SO THESE INFORMATIONAL UPDATES FROM THE CALIFORNIA GEOLOGICAL SURVEY WILL NOT AFFECT THE GOALS POLICY OR ACTIONS IN THE SAFETY ELEMENT IS PURELY INFORMATIONAL. SO TO CONCLUDE STAFF IS RECOMMENDING THAT THE PLANNING COMMISSION ADOPT THE RESOLUTIONS TO APPROVE THE NEGATIVE DECLARATION AND ADOPT THE SAFETY ELEMENT UPDATE TO THE GENERAL PLAN. THIS CONCLUDES THE PRESENTATION AND STAFF AND THE CONSULTANTS ARE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE. THANK YOU SO MUCH. VERY CONCISE. SO THANK YOU FOR THAT. DOES ANYBODY HAVE ANY QUESTIONS FOR STAFF? YES. THANK YOU. THANK YOU FOR THE PRESENTATION . JUST FOR CLARIFICATION THIS IS ASSUMING THE CITY COUNCIL ADOPTS THIS WE WILL NOT HAVE TO REDO IT WHEN WE DO THE NEXT GENERAL PLAN. IS THAT CORRECT? THAT'S CORRECT. AND THAT LIKEWISE THE HOUSING ELEMENT THE HOUSING ELEMENT WE FORESEE THAT THE NEXT CYCLE WOULD PROBABLY OCCUR AFTER 2030.

I BELIEVE THE CYCLES FROM 20 20 ARE PROBABLY RIGHT 2023 TO 2031, 2031. SO WE WOULD PROBABLY START THE RFP AN UPDATE FOR THAT AROUND 2028. OKAY. THANK YOU. SURE. ANY OTHER QUESTIONS? AM I ON PAGE FOUR? IT TALKS ABOUT HOW THERE'S A STATE INCENTIVE FOR CITIES TO ADOPT THE LOCAL HAZARD MITIGATION PLAN INTO THE SAFETY ELEMENT. CAN YOU JUST ELABORATE ON THAT? EXPLAIN IT A LITTLE BIT SO THE PUBLIC UNDERSTANDS?

SURE. SO REGARDING THE L.A. TEMPE THAT IS REQUIRED BECAUSE IF THERE WAS AN EVENT THAT THE CITY CAN THEN APPLY FOR STATE FUNDING FOR RECOVERY AND ASSISTANCE FOR ANY HAZARDS THAT MAY HAVE OCCURRED IN THE CITY. GREAT. SO THAT HELPS US FINANCIALLY.

IN FACT SOMETHING WE THINK IS WONDERFUL. AND THEN THERE WAS JUST ONE OTHER THING I WAS CURIOUS ABOUT IT'S OKAY IF YOU ON'T HAVE THE ANSWER TODAY BECAUSE I JUST THOUGHT OF THIS BUT ON PAGE 40 IT TALKS ABOUT THE LESSONS LEARNED FROM SOME OF THE PREVIOUS DRILLS THAT HAPPENED IN THE LAKEWOOD AREA AS WELL AS ROSSMORE. AND IT TALKED ABOUT INTEROP INTEROPERABILITY OF RADIOS BETWEEN FIRE AND LAW ENFORCEMENT BEING AN ISSUE. AND WAS JUST CURIOUS IF THAT HAS SINCE BEEN FIXED OR IF THAT'S SOMETHING THAT THE CITY HAS BEEN WORKING ON.

I'M GOING TO REFER TO CAPTAIN SLATER OR FOR THAT QUESTION I WAS PART OF THAT DRILL AND HERE HE GOES. THANK YOU.

GOOD EVENING. PLANNING COMMISSIONERS. AND THIS IS JEFF SLATER, YOUR OPERATIONS CAPTAIN FOR THE POLICE DEPARTMENT. THAT IS AN EXCELLENT QUESTION. AT THE TIME OF THOSE STUDIES AND SCENARIOS WE DID NOT HAVE THE NEW EBIX SYSTEM WHICH IS THE NEW UPDATED WAY OF HAVING THE BEST WAY OF CONNECTING ALL OF UR RESOURCES UNDER BASICALLY ONE PLATFORM. SO I'M HAPPY TO SAY THAT WE ARE LIVE WITH THAT SYSTEM AND IT DOES WORK BUT WE DO NEED TO BE BETTER AT IT TRAINING OUR OWN STAFF AS WELL AS OUR NEIGHBORS TO MAKE SURE THAT WE ARE PROFICIENT IN THE USE OF THOSE AND HAT'S ONGOING. BUT REST ASSURED THAT THE COMMUNICATION ISSUES HAVE BEEN RESOLVED WITH THIS NEW SYSTEM.

FANTASTIC. THANK YOU. SO TECHNOLOGICALLY WE HAVE WE HAVE THE RIGHT SYSTEMS IN PLACE AND WE'LL JUST CONTINUE TO DO THE TRAINING CORRECTLY. FANTASTIC. THANK YOU SO MUCH. OKAY. SO I JUST CAME IN TO GO FOR. GO AHEAD. SORRY ABOUT THAT. SO THANKS TO EVERYBODY FOR THE WORK ON THIS AND THE RESEARCH THAT BACKS IT UP IS REALLY HELPFUL. FINDING MY LITTLE STREET YELLOW WAS LIKE A LITTLE.

BUT ANYWAY, THE QUESTION I HAD IS THIS SAFETY PLAN EXISTS IN THE CONTEXT OF MULTIPLE CITY PLANS ND IT ADDRESSES PHYSICAL SAFETY ISSUES.

AND THERE ARE OTHER ONES OTHER SAFETY ISSUES HEALTH PANDEMICS, CYBER SECURITY, ETC. I ASSUME THOSE ARE ALL ON THE DOCKET FOR THAT GENERAL PLAN THAT THOSE KIND OF SAFETY ISSUES WOULD BE ADDRESSED IN THAT CONTEXT. YOU TO VICE CHAIR. SO THOSE ISSUES WERE ACTUALLY ADDRESSED IN THE RECENT LOCAL HAZARD MITIGATION PLAN WHICH IS INCORPORATED BY REFERENCE IN THAT. OKAY. THANK YOU.

ALL RIGHT. THANK YOU CRYSTAL AND STEPH. MIKE, MY QUESTION JUST IS MORE FOR MAYBE THE PEOPLE WATCHING AT HOME AND JUST SOMEBODY WHO JUMPED IN HERE AND IS MAYBE A LITTLE UNCLEAR ABOUT WHAT EXACTLY THIS IS. AND IT'S MY UNDERSTANDING THIS IS A PLANNING DOCUMENT AND THAT'S A HARD STOP. BUT THE IMPLEMENTATION OF WHAT IS IN THIS DOCUMENT COMES LATER. IS THAT RIGHT? WE'RE NOT DECIDING WHAT GOES WHERE AND WHERE THE MONEY IS SPENT EXACTLY. THIS IS JUST A LARGER FRAMEWORK. YES, THAT'S RIGHT. YOU SPEAK TO THAT A LITTLE BIT. SURE. THAT'S AN INTERESTING POINT TO MAKE AND IT IS IMPORTANT THAT THIS IS A LONG RANGE DOCUMENT. THE IMPLEMENTATION WOULD BE THE L.A. TEMPE SUSTAINABLY CTION PLAN AND WORKING WITH MUTUAL AID WITH OTHER CITIES AND COUNTIES. SO THIS IS REALLY JUST THE OVER ARCHING KIND OF POLICIES AND GOALS THAT WILL HELP THEN GUIDE THE IMPLEMENTATION PROCESS LATER WITH THE SPECIFIC PLANS AND THE SPECIFIC IMPLEMENTATION POLICIES.

GOT IT. OKAY. THANK YOU. SURE. OH, GO AHEAD. YES. SO ESSENTIALLY FOLLOWING UP ON HIS QUESTION, IT'S MORE ASPIRATIONAL SLIGHTLY. WE WANT TO DO THIS BUT IT'S JUST MORE OF OUR VISION AND OUR GUIDE. OKAY. IT'S OUR DIRECTION OF WHERE WE WANT TO GO.

OKAY. THANK YOU. I THINK THAT THE BEST THING FOR ME WAS THE EIGHT PAGE DOCUMENT WHERE IT SAYS GOALS, POLICIES AND ACTIONS. I THOUGHT THAT WAS IT SYNTHESIZED EVERYTHING ABOUT IT BEING A FUTURE GUIDELINE FOR THAT LONG RANGE PLANNING. IT'S INTERESTING BECAUSE WHEN I WAS REVIEWING THE GOALS POLICIES AND ACTIONS ONE IMPORTANT THING IS THAT I SAW THE DIFFERENT RELATIONSHIPS OF HOW IT'S TRYING TO SPECIFICALLY ALMOST CREATE AN OBJECTIVE STANDARD FOR DIFFERENT LAWS. CAN YOU SPEAK ABOUT HOW SOMETIMES HOUSING LEGISLATION BECAUSE THIS PARTICULAR COMMISSION SEES LOT OF HOUSING LEGISLATION PROJECTS HOW THIS TIES TO THE VARIOUS THINGS AND ACTIONS AND RECOMMENDATIONS THAT WE'RE DOING? SURE. YOU KNOW, THIS IS A PERFECT QUESTION BECAUSE THERE WAS ALSO A HOUSING ELEMENT CONSULTANT SO IKNOW YOU COULD DO THIS REALLY WELL TYING THE TWO TOGETHER.

SO BEAUTIFUL. COME ON UP. YEAH. OUR FIRM DID THE HOUSING ELEMENT. YEAH. HMM. SO THE QUESTION WAS HOW DOES THIS ELEMENT JUST SORT OF INFORM AND TIE INTO THE HOUSING ELEMENT? EVERYTHING. SO THE IT'S IT'S VERY CLOSELY RELATED MOSTLY CLOSELY RELATED TO LAND USE BECAUSE WE HAVE TO WHEN WE'RE CREATING OUR LAND USES AND PLANNING FOR OUR CITY WE HAVE TO TAKE ALL THESE HAZARDS IN MIND. SO YOU DON'T WANT TO BUILD HOUSING IN VERY HIGH FIRE HAZARD SEVERITY ZONE IF YOU CAN IF YOU CAN HELP IT. SO THIS ACTS AS A GUIDE IN IN SORT OF LIKE CONVERSATION WITH THE HOUSING ELEMENT SO THAT WE'RE SITING OUR PROJECTS BOTH HOUSING AND IMPLEMENTING ALL OUR HOUSING ELEMENT ACTIONS IN A WAY THAT'S RESPONSIBLE AND DOESN'T PUT OUR MEMBERS AT RISK IN THE COMMUNITY.

IS THERE MORE IN THAT? NO, THAT THAT'S PERFECT BECAUSE IT'S TO COMMISSION COMMISSIONER MORAN'S POINT SOMETIMES IT'S SUCH YOU KNOW, IT'S O COMPLICATED AND IT LOOKS LIKE WHAT WHAT IS THIS FOR? LIKE IS IT IS IT JUST FOR ALL THINGS YOU KNOW, SAFETY? BUT WHEN YOU START REALIZING THAT IT IS HELPING TO INFORM AN OBJECTIVE STANDARD FOR HOW SEVERAL THINGS ARE DONE AND SOMETIMES IT'S A GUIDELINE. AND SO I THINK THAT IT WAS BEAUTIFULLY SYNTHESIZED IN THAT EIGHT PAGE DOCUMENT ABOUT GOALS, ACTIONS AND RECOMMENDATIONS. AND SO I THINK THIS IS GREAT RECENT WE ARE THE RECOMMENDING AND APPROVING BODY ON A LOT OF ITEMS ESPECIALLY STATE DENSITY BONUS LAW RIGHT THAT THERE IS PREEMPTION OVER PUBLIC HEALTH AND SAFETY. AND SO THIS IS BEAUTIFUL BECAUSE THE CITY OF WALNUT CREEK TAKES GREAT CARE IN BEING ABLE TO PROVIDE THAT OBJECTIVE STANDARD TO THEN SUBSEQUENTLY REVIEW THOSE LAWS WHICH I KNOW MY FELLOW COMMISSIONERS LIKE. WE ALL DO OUR HOMEWORK SO THANK YOU O MUCH.

YEAH. AND THEN TO COMMISSIONER MORAN'S POINT TO WHERE THE CITY CAN COMMIT TO THESE ACTIONS SO LIKE FIRE REVIEWS FOR PRIVATE DEVELOPMENT AND THE THINGS WE CAN CONTROL THAT OTHER THINGS WHERE THERE'S THAT YOU SEE AND ENCOURAGE OR WORK WITH THERE ARE THINGS YOU KNOW FOR EXISTING EXISTING ENVIRONMENT BUILT ENVIRONMENT THINGS WE CAN'T FULLY CONTROL. SO WE TOOK CARE TO KIND OF STRUCTURE IT THAT WAY TO PERFECT. ANY OTHER QUESTIONS? OH YES, JUST ONE. SO BECAUSE I JUST GOT BACK FROM THE PLANNING COMMISSIONERS ACADEMY WHICH WAS FABULOUS SO THANK YOU TO EVERYONE WHO RECOMMENDED THAT I GO TO THAT. ONE OF THE THINGS THAT THEY TALKED ABOUT WAS BEING ABLE TO INCORPORATE LESSONS LEARNED FROM RECENT CALIFORNIA WILDFIRES LIKE SANTA ROSA AND PALISADES AND SO IS THAT SOMETHING THAT WE'VE ALREADY INCORPORATED HERE OR THAT WOULD BE A NEXT STEP AS IN OUR PLANNING? I THINK THAT THAT'S BEEN INCORPORATED AT THE STATE LEVEL. SO THERE'S A LOT F STATE ACTIONS AND A LOT OF CALIFORNIA FORESTRY AND FIRE PROTECTION BOARD ACTIONS LESSONS LEARNED FROM ESPECIALLY PARADISE AND THEN PREVIOUSLY IN SANTA ROSA. SO A LOT OF THE LEGISLATION YOU SEE COMING OUT OF THE STATE IS GEARED TOWARDS THAT STUFF. THE THINGS HERE I THINK THAT ARE MOST RELEVANT ARE SENATE BILL 99 WHERE WE HAVE TO LOOK AT THE SINGLE EGRESS ROUTES REALLY FOR POLICY PURPOSES SO THAT WE KNOW WHERE THEY ARE AND WE CAN IDENTIFY ACTIONS TO TRY TO MAKE THOSE COMMUNITIES SAFER. SO I THINK YOU SEE THAT THAT'S WHY YOU SEE A LOT OF THE STATE LAW COMING OUT OF THE LEGISLATURE IN RESPONSE TO A LOT OF THOSE RECENT DEVASTATING BYPASS. OKAY, PERFECT. SO NOW I'D LIKE TO OPEN IT UP. OAY. OKAY. I'D LIKE TO OPEN IT UP FOR

PUBLIC COMMENT IN CASE THERE'S ANYBODY THAT WOULD LIKE TO COME UP AND SAY SOMETHING ABOUT THE SAFETY ELEMENT. ANY CARDS RECEIVED ON THIS ITEM ? 3B32 CARDS 43O. ITEM 3B0, PARDON ME. OKAY. SO SEEING NONE YOU'RE YOU KNOW YOU DON'T HAVE TO COME BACK UP AND THEN I WILL CLOSE THE PUBLIC PORTION OF THIS HEARING AND BRING IT BACK TO MY FELLOW COMMISSIONERS TO SEE IF ANY THERE'S ANY DISCUSSION THAT YOU GUYS WOULD LIKE TO HAVE.

YES. I JUST LIKE TO MAKE THE POINT THAT WHAT I APPRECIATED AND I THINK IS IMPORTANT IS THAT WE RECOGNIZE THE TRENDS THAT WERE DISCUSSED AND WHAT REALLY STOOD OUT TO ME WAS THE WILDFIRE AIR AND THE EXTREME HEAT DAYS THAT WE'RE GOING TO BE HAVING AS COMPARED TO NOW. Q THANK YOU. RIGHT. I DID THAT AND THE EXTREME HEAT DAYS THAT WE SUFFER NOW WE'RE GOING TO BE GREATER IN NUMBER IN THE NEXT COMING DECADES AND WE DON'T HAVE ENOUGH COOLING CENTERS NOW SO IT'S NICE TO BE ABLE TO SEE THE TRAIN COMING DOWN THE TRACKS THAT WE SPEAK.

AND THEN THE LAST POINT I'D LIKE TO MAKE IS THAT AND THIS CAME UP IN THE PUBLIC COMMENT IS THAT AND I CAN'T SPEAK TO THIS BUT THE STATE OF CERT MIGHT BE AN OPPORTUNITY FOR OUR CITIZENS AND ESPECIALLY WHEN PEOPLE ARE LOOKING FOR WAYS TO GET INVOLVED IN THEIR COMMUNITIES AND THE CITY HAS A RESPONSIBILITY TO HELP EVACUATE PEOPLE AND CUT DOWN ON WILDFIRE RISK.

BUT WE AS A COMMUNITY CAN STEP UP AND MAKE SURE OUR NEIGHBORS ARE TAKEN CARE OF AND THAT WAS KIND OF BROUGHT I THOUGHT TOO LATE WITH ONE OF THE PUBLIC COMMENT LETTERS AND I DON'T KNOW MUCH ABOUT IT BUT I THINK THAT'S A REAL GOOD OPPORTUNITY ESPECIALLY IF SOMEBODY IS WATCHING AND THEY WANT TO E INVOLVED AND CERT SEEMS LIKE IT COULD USE SOME LOVE AND THAT'S ALL I HAVE TO YES AND I JUST WANT TO SAY THANK YOU TO THE STAFF AND THE SUBCOMMITTEE EVERYONE WHO WORKED ON THIS. IT'S A VERY EXTENSIVE PLAN UPDATE AND AND I REALLY APPRECIATE THE LEVEL OF DETAIL THAT IT GOES INTO BECAUSE AS I'VE BEEN OUT AND ABOUT THROUGHOUT OUR CITY, THIS IS DEFINITELY ONE OF THE TOP ISSUES THAT COMES UP IS SAFETY, RIGHT? AND PEOPLE WANTING TO KNOW WHAT IS OUR PLAN AND HOW ARE WE GOING TO MAKE SURE THAT WE HAVE THAT PUBLIC EDUCATION AND COMMUNITY OUTREACH THAT YOU TALKED ABOUT? THAT IS ONE OF THE GOALS HERE. SO THE FACT THAT WE'VE ADDED THAT AS A AS A SPECIFIC GOAL WITH SPECIFIC ACTION PLANS IS REALLY GREAT TO SEE AND IT'S REALLY GREAT TO SEE THE DATA THAT WE'RE BASING THAT ON THAT WE HAVE THE EVACUATION PLAN, THE EVACUATION OPTIONS AND AND THINGS LIKE THAT.

AND I ALSO REALLY APPRECIATED THE PLANNING FOR VULNERABLE PEOPLE WHO MAY NEED SPECIAL SUPPORT. THAT'S SOMETHING THAT I'VE AS A IN MY ROLE IN MY DAY JOB AS A STATE FIELD REP I'VE INTERACTED WITH THE AND GONE TO TRAININGS AT THE COUNTY LEVEL WITH THE EMERGENCY OPERATIONS PLANS AND THAT'S ONE OF THE THINGS THAT THEY TALK ABOUT NOW TOO THAT HAS BEEN PREVIOUSLY MISSING YOU KNOW SORT OF NATIONWIDE IN A LOT OF EMERGENCY PLANNING IS ARE WE ACTUALLY BEING INTENTIONAL ND SPECIFICALLY THINKING ABOUT OUR MOST VULNERABLE POPULATIONS AND WHAT WE'RE GOING TO DO ABOUT THAT INSTEAD OF JUST THINKING ABOUT IT AFTER THE FACT AND GOING GOSH, IT'S TOO BAD FOR THOSE PEOPLE, RIGHT. HOW ARE WE THINKING ABOUT SENIORS LIVING ALONE? HOW ARE WE THINKING ABOUT PEOPLE WITH DISABILITIES OR PEOPLE WHO MIGHT NOT SPEAK ENGLISH? HAVE WE PLANNED FOR THAT? SO I REALLY APPRECIATE THAT THAT IS INTENTIONALLY INCLUDED HERE BECAUSE THAT IS A BEST PRACTICE AND THEN THE PARTNERSHIPS WITH THE COMMUNITY BECAUSE AS A AS JUST A CITY ENTITY WE CAN'T DO THIS ALONE RIGHT? WE HAVE TO BE WORKING WITH OUR POLICE, WITH OUR FIRE, WITH ALL OF OUR COMMUNITY AGENCIES AND OUR NONPROFITS AND WITH OUR CERT VOLUNTEERS. ABSOLUTELY. AND JUST PERSONALLY I APPRECIATE THIS SO MUCH AS A GIRL SCOUT GIRL SCOUT LEADER WILDERNESS FIRST AID, YOU KNOW, CERTIFIED AND I REALLY WANT TO DO THAT CERT TRAINING IF IT'S NOT ON THURSDAY NIGHTS DURING OUR PLANNING COMMISSION MEETINGS THEN I WILL DEFINITELY JOIN IT. BUT YEAH SO JUST MUCH APPRECIATION AND I LOOK FORWARD TO SEEING HOW THIS GETS IMPLEMENTED AS A CITY AND HOW WE'RE ABLE TO REALLY COMMUNICATE OUT TO THE COMMUNITY ABOUT THESE PLANS BECAUSE RIGHT NOW IN THE THE WAY THAT IT'S WRITTEN IT'S JUST YOU KNOW, 100 PAGE DOCUMENT THAT IS NOT IN AND OF ITSELF GOING TO EDUCATE THE COMMUNITY BUT THE PLANS ARE THERE TO DO SO. SO VERY MUCH APPRECIATE THAT.

THANKS. AWESOME. OH, DO WE NEED TO YES THERE ARE TWO ITEMS ACTUALLY AND BEFORE WE DO THAT BECAUSE THERE'S TWO SO LET ME KNOW WHO WANTS TO DO A GIVE ME A LITTLE NOD AND ACTUALLY PUT MY GLASSES ON. ONE SUPER QUICK THING THAT I LIKE TO TALK ABOUT JUST BECAUSE EVERYBODY KNOWS THAT I GEEK OUT ON ENVIRONMENTAL STUFF I FOUND IT IT WAS A PLEASANT SURPRISE TO KNOW THAT WHEN THE ENVIRONMENTAL ANALYSIS WAS DONE RIGHT THAT THERE THAT THE NEGATIVE DECLARATION WAS DETERMINED THAT THE PROJECT WILL HAVE NO IMPACT OR LESSENED SIGNIFICANT IMPACTS SUCH THAT NO MITIGATION MEASURES WERE REQUIRED. AND THAT'S IMPORTANT BECAUSE THIS COMMISSION HERE WHEN WHEN WE DO LOOK AT ALL THESE PROJECTS WE GO THROUGH IN DETAIL WHAT WERE THOSE MITIGATION MEASURES TO MAKE IT TO MAKE HAT IMPACT LESS THAN SIGNIFICANT? AND SO IT WAS NICE HERE THAT WE JUST WENT THROUGH ALL THOSE GOALS PAULA SEASON ACTIONS AND THAT WE REALIZE THAT THE ENVIRONMENTAL ANALYSIS THAT STUDIES THOSE GOALS POLICIES ARE ACTIONS THEN SUBSEQUENTLY RESULTS INTO INTO SOMETHING THAT WAS AN END WITHOUT THOSE MITIGATION MEASURES THAT WE DIDN'T HAVE TO GO THROUGH HERE TODAY. SO WHO WOULD LIKE TO MAKE A MOTION ON? THERE'S TWO ITEMS THAT WE HAVE TO RECOMMEND FOR CITY COUNCIL DOES IT HAVE TO BE TWO DIFFERENT MOTIONS?

OH IT COULD BE COMBINED AND ONE BECAUSE THERE'S TWO. YEAH, BECAUSE THERE'S TWO. RIZZO'S THE NDAA AND THE EDUCATION. I MOVED TO ADOPT THE DRAFT RESOLUTION RECOMMENDED TO CITY COUNCIL TO ADOPT THE INITIAL STUDY NEGATIVE DECLARATION A SECOND OKAY OKAY. WE'LL CALL COMMISSIONER STRONG MAN YES. COMMISSIONER CLARK YES. COMMISSIONER ANDERSON YES. COMMISSIONER MORAN. YES. COMMISSIONER COUNT YES. VICE CHAIR KLOPP YES.

AND CHAIR KNEADING YES. MOTION CARRIES GREAT. NOW MOVING ON AND I WOULD LIKE TO MAKE A MOTION FOR THE SECOND RIGHT THERE WAS DO THAT. GO AHEAD. SO I MOVE TO APPROVE THE RESOLUTION RECOMMENDING CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT TO INCORPORATE THE SAFETY ELEMENT UPDATE SECOND OKAY, COMMISSIONER COUNT YES MR. STRONG ROUND YES. COMMISSIONER ANDERSON YES. COMMISSIONER MORAN. YES. COMMISSIONER COOK. YES. VICE CHAIR KLOPP YES. AND CHAIR KNEADING YES I BELIEVE WE COVERED THEM ALL. YES.

GREAT MOTION CARRIES PERFECT . NOW MOVING ON TO ITEM THREE B OF THE PUBLIC HEARING AGENDA ITEM WHICH IS SOLAR ENERGY SYSTEM AT DIABLO HILLS GOLF COURSE PERMIT NUMBER US 25 188 1550 1ST MARCH BANKS DRIVE TO STAFF FOR PRESENTATION YES YES THANK YOU SHORTER PRESENTATION OKAY OKAY 30I THINK OKAY EVER DO OKAY.

ALL RIGHT WE READY TO GO? GOOD EVENING CHAIR AND THE PLANNING COMMISSIONER. MY NAME IS FRANK HONG. I'M GOING TO BE AN OFFICIAL FOR THE CITY TONIGHT. I WILL MAKE A PRESENTATION ABOUT THE SOLAR PROJECT AT THE DIABLO HILL GOLF COURSE AND LCATED AT 1551 MAR BANK DRIVE IN ONE EYE CREEK.

THIS IS THE HOTO OF THE SITE AND AS YOU CAN SEE THE GOLF COURSE WAS BOUNDED BY THE MERCHANT BANKS TOWARDS THE EAST AND BOUNDED BY THE RESIDENTIAL COMMUNITY TOWARDS TO THE WEST AD THE PROJECTS THE SCOPE OF THE PROJECT INCLUDING THE INSTALLATION OF THE ROOF MOUNTED SOLAR PANEL ABOVE THE EXISTING BUILDING WHERE THE THE ARROW HERE SHOWS AND LSO THE GRANDMA SOLAR ANELS ON THE SOUTH SIDE OF THE SIDE WHICH IS ROUGHLY YOU CAN SEE ON THE SCREEN BETWEEN THOSE ARE TWO PILES OF THE DIRT THAT'S THE RIGHT AT RELATIVELY FLAT SIDES AND WHERE THE GRANDMA AND TWO SOLAR PANELS WERE BEING STORED . OKAY. SO ON THE LEFT HAND SIDE IS THIS PLAN SHOWING THE PROPOSED SOLAR PANEL HERE AND RELATIVELY TO THE LOCATION OF THE PROPERTY LINE. SO ROM THE WEST SIDE YOU CAN ROUGHLY SEE THE GROUND MOUNTED SOLAR PANEL IS ABOUT 21FT FROM THE PROPERTY LINE ON THE RIGHT HAND SIDE A PICTURE INDICATED THE SOLAR PANEL INSTALLED AT THE GROUND LEVEL I WE'LL TALK ABOUT WHAT IS A CITY IS RIGHT AND OUR AUTHORITY TO REVIEW THE SOLAR PROJECT HERE SO THE GOVERNMENT CODE 60 FIVE A 50.5 ALSO CALLED THE SOLAR RIGHTS ACT IN CALIFORNIA REQUIRE THE LOCAL AGENCIES TO APPROVE QUALIFIED SOLAR ENERGY SYSTEM THROUGH MINISTERIAL BUILDING.

PERMIT THE PROCESS AND SEE THIS EVIEW AUTHORITY IS LIMITED TO DETERMINING WHETHER THE PROJECT COMPLIES WITH THE APPLICABLE CALIFORNIA BUILDING CODE AND OBJECT TO POSSIBLY THE HOUSE ON A SAFETY STANDARD. THAT'S WAR N YOU FACTS ONE THE APPLICATION AS DEEMED A COMPLETE NAS WAS AN EXCEPTION TO THIS MINISTERIAL PROCESS REQUIREMENT IF THE BUILDING OFFICIAL CAN MAKE A FINDING THAT THE PROJECT OULD CREATE A SPECIFIC AND ADVERSE IMPACT ON PUBLIC HOUSE OR SAFETY WHICH IS A DEFINED AS A SIGNIFICANT QUANTIFIABLE DIRECT AND AN AVOIDABLE IMPACT BASED ON AN OBJECTIVE RATING STANDARD. IN FACT AT THE TIME OF THE APPLICATION COMPLETE THE APPLICATION WAS SUBMITTED ON AUGUST THE 1ST OF LAST YEAR. SO THEY'RE ARE UNDER REVIEW. SO DAVID LINDA FOUND MAKE A FINDING THAT THERE IS ADVERSE IMPACT TO THE PUBLIC HOUSE AND WHICH WILL TRIGGER THE EXCEPTION AS WE SAW IN THIS REPORT. IT'S IMPORTANT AS SUCH A BUILDING PERMIT WAS ISSUED ON THE LOMBARD 24TH LAST YEAR AND THE PRESIDENT AFTER THAT CONSTRUCTION STARTED ON FEBRUARY 13TH OF THIS YEAR APPEAL WAS FILED TO THE CITY NOW PER THE GOVERNMENT CODE AND ALSO SOLAR RIGHTS ACT. SO THE DECISION OF THE BEAUTY OF ISSUE REGARDING A SOLAR PROJECT MAY BE APPEALABLE TO THE PLANNING COMMISSION AND THAT'S WHY WE ARE HERE TONIGHT . THE FOLLOWING IS THE CODE AND THE STANDARD WE USED TO REVIEW

THIS SOLAR PROJECT HERE AND ON THE PLAN THE IT INDICATE HEAT AND A REFLECTIVE SOLAR GLASSES WERE USED FOR HE SOLDIERS ON THE GROUND LEVEL INSTALLATION.

OKAY SO I WANT A LITTLE BIT TO MAKE IT CLEAR SO THE APPEAL DOES NOT CONCERN THE BUILDING AND FEATURES VIEW REGARDING THE TECHNICAL PART. OKAY. INSTEAD THE APPELLANT CONTENDS THAT THE PHYSICAL UNITS OFFER NEARBY RESIDENCE AND THE GLARE FROM THE SOLAR PANEL CONSTITUTE A PUBLIC HOUSE AND A SAFETY ISSUE AND A USER PERMIT SHALL HAVE BEEN REQUIRED PRIOR TO THE ISSUANCE OF THE BUILDING PERMIT. SO THAT'S THE PURE THE CORE PART OF THE APPEAL. NOW TO REQUIRE A USER PERMIT A PARTY CALIFORNIA SOLAR RIGHTS ACT THE CITY MUST IDENTIFY A SPECIFIED ADOPTED STANDARD AND DEMONSTRATE THAT THE PROJECT VIOLATED THE STANDARD IN A MANNER THAT IT CREATED A COURT A VIABLE IMPACT TO THE PUBLIC, A HOUSE AND THE CITIES. NOW BASED ON STAFF'S REVIEW NO SUCH STANDARD OBJECT OBJECTIVE STANDARDS ARE EVIDENCE OF THE SIGNIFICANT ADVERSE IMPACT WAS IDENTIFIED IN THE REVIEW AND THE SAME TIME DURING THE THE FOR THE APPELLANT WE CAN OPINE THAT WAS NOT ABLE TO CITE ANY SPECIFIC APPLICABLE OBJECTIVE READING PUBLIC HOUSE AND HE SAFETY STANDARD TO DEMONSTRATE THAT THE ALLEGATIONS WILL MEET THE STATUTE HE THRESHOLD OF WHICH IS WILL REQUIRE A BUILDING A SPECIAL USE PERMIT THROUGH THE PLANNING COMMISSION FOR THE EXCEPTION AS SUCH STAFF WILL RECOMMEND THE PLANNING COMMISSIONER TO MOVE TO ADOPT THE DRAFTED THE RESOLUTION

DENYING THE APPEAL OF THE BUILDING CODE PERMIT NUMBER AS 25 118 EIGHT AND UPHOLDING THE BUILDING OFFICIALS APPROVAL OF THIS PERMIT. SO THIS CONCLUDES MY COMMENTS PRESENTATION. I WILL BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE. THANK YOU SO MUCH. SURE. DOES ANYONE HAVE ANY QUESTIONS FOR SIR? YES. THANK YOU FOR THAT PRESENTATION . I DROVE PAST IT THIS MORNING AND IT LOOKS LIKE IT'S COMPLETE . IS IT CONNECTED TO PGE NE NOT YET BUT IT IS BUILDING COMPLETE THE INSTALLATION.

I DON'T KNOW. IT'S NOT A 100% COMPLETE SINCE THE WAY MR. PUA WAS RECEIVED ON FEBRUARY 13TH SO I MAKE THE DECISION TO HOLD ANY INSPECTION FROM THAT. OKAY. OKAY. YEAH. YEAH. THANK YOU. THAT GUY. ALL RIGHT. BUT THANK YOU FOR THE PRESENTATION SO WANTED TO GET A BETTER UNDERSTANDING WHEN WE TALK ABOUT SIGNIFICANT QUANTIFIABLE, DIRECT, UNAVOIDABLE IMPACTS IF WE WOULD HAVE TO MAKE THAT KIND OF FINDING ARE THOSE IMPACTS THAT WOULD HAVE TO BE TO SPECIFIC PARTIES OR WOULD THEY HAVE TO BE MORE OF THE GENERAL PUBLIC? YES, THAT'S RIGHT.

COULD YOU CLARIFY WHICH ONE IS IT? IT HAS TO BE SPECIFIC AND ALSO IMPACTED GENERAL PUBLIC. FOR EXAMPLE, IF THE GLARE AND REFLECTED TO THE EAST SIDE OF THE MARGIN BANK CAUSED A DRIVER TO LOSE ONTROL OR CANNOT SEE IT AND CREATE A TRAFFIC SO THE ARROW BE CONSIDERED AS A AS A PUBLIC HOUSING ISSUE NOT INDIVIDUALS. YOU KNOW PHYSICAL UNITS ARE ALL RIGHT.

THANK YOU. I JUST I DO WANT TO CLARIFY SO THAT IS BASED THAT IS ALL HAS TO BE BASED ON A STANDARD. SO LET'S SAY THERE IS A STANDARD THAT SAYS, YOU KNOW, YOU CANNOT EMIT SUCH X AMOUNT OF GLARE TOWARDS THE YOU KNOW, FACING OF THE HIGHWAY. THAT WILL BE A STANDARD. SO YOU HAVE TO THINK ABOUT THAT IN CONJUNCTION WITH THE RESULT . SO DO WE HAVE AN OBJECTIVE STANDARD ON THAT GLARE WE DON'T HAVE OR ANY OBJECTS STANDARD RIGHT NOW. THANK YOU CITY THANK YOU. SORRY BUT ANY QUESTIONS? I'M GOOD. THANK YOU. OH GOOD. SO SO YES IF THERE IS NO STANDARD FOR GLARE OFF OF THE EARTH YET PANELS HOW HOW DO YOU DETERMINE WHETHER THERE IS A SPECIFIC ADVERSE IMPACT? SO BASED ON A STANDARD IF THERE IS NO STANDARD IT SEEMS SO YOU HAVE THAT SSUE YEAH. SO I MEAN THE LAW SAID IT SO YOU KNOW AT A TIME WHEN THE PERMIT IS SUBMITTED RIGHT SO THE STAFF HAVE TO REVIEW BASED ON THE AVAILABLE FORMALLY YOU KNOW ADOPTED A STANDARD IN THE CITY IS A MUNI CODE OR SOMETHING THERE REGARD YOU KNOW REGARDING A PUBLIC HOUSING IMPACT. SO DURING THAT TIME LAST YEAR FROM LAST AUGUST WEST OF REVIEW THE PROJECT HERE WE DON'T HAVE ANY ANY STANDARD REGARDING THE GLARE YOU KNOW IS A GLARE WHAT TRIGGERED SOME KIND OF A PUBLIC HOUSING ISSUE OR NOT?

SO IF YOU CAN'T IDENTIFY A SPECIFIC ADVERSE IMPACT EVEN IT'S BECAUSE THERE IS NO STANDARD YES COMPARED TO THEN YOU KNOW THEN IT GOES AHEAD. SO I'M WONDERING WHAT YOU SAID THAT THERE IS YOU DID TEST FOR OR CALCULATE THAT THERE'S BE NO ADVERSE IMPACT ON ON THE ROAD GOING BY I JUST GIVING SAMPLE I SAID RIGHT NOW GIVING GENERAL WHAT IS A PUBLIC A HAZARD A WELL WELL LOOKS LIKE THE EXAM BOYS OR IF YOU THE THE THE TYPICAL EXAMPLE IS ARE IF THE PANEL IS INSTALLED SOMETHING ON THE WINNER THE AIRPORT RIGHT WHEN THE AIRPLANE IS TRY TO LANDED ON THE GLARE WHAT AUSED THE THE THE PLANE IS OF THE PILOT THAT WOULD BE APOPKA HIGH THERE AND I JUST TO GIVE YOU AN EXAMPLE THAT'S A SOME STAND THERE WILL VERIFY FEDERAL AVIATION AND NO CONCLUSION AS TO WHETHER THAT IS A PROBLEM. I MEAN OBVIOUSLY GIVEN THE LOCATION AND THE ANGLE AND SO FORTH. RIGHT. LOTS OF SUN IS SHINING FROM UNDERGROUND SOMEWHERE. IT WON'T HAVE THAT REFLECTION ON THE HIGHWAYS. SO I MEAN THAT'S THAT'S FAIRLY OBVIOUS BUT RIGHT AS FAR AS GLARE INTO OTHER PRIVATE DWELLINGS, AGAIN YOU HAVE THE ANGLES. IT APPEARS THAT THERE SHOULDN'T BE MUCH OF A PROBLEM. BUT IS THAT WAS THAT TESTED WELL BY YOU OR BY THE APPLICANT YOU MEAN TO TEST THE THE WELL WHETHER THERE'S SIGNIFICANT GLARE GOING INTO YOU KNOW, HOMES NEARBY OR NEAR THE WAY I WAS NOT A WE DIDN'T DO ANY

TESTING ABOUT THAT GLARE AND TO MY OPINION THE GLARE EVEN THERE'S FIRST THAT'S ASSUME WE'VE BLURRED THE GLARE TO THE AT THE PRIVATE HOUSE THAT'S NOT A PUBLIC HOUSE ISSUE BUT IT IS A PRIVATE NUISANCE WHICH IS A CAUSE YOU KNOW SOME IMPACT TO THE RESIDENTS ENJOY THEIR PROPERTY. RIGHT. SO IT HAS A PROBABLY MANNER BETWEEN THE GOLF COURSE AND THE THE IMPACT RESIDENCE.

OKAY. YEAH. SO AND JUST TO FOLLOW UP ON THAT SO THE COMMISSION MIGHT THINK OF IT AS FIRST YOU YOU SHOULD LOOK AT THE EVIDENCE AND IN AND THINK IF THERE IS AN IMPACT AND THEN IF THERE IS AN IMPACT YOU KNOW THERE HAS TO BE THAT'S ME TO THE LEVEL THAT THE STATUTE SAYS YOU COULD REQUIRE USE FOR IT OR IT'S IT'S NOT THE PROJECT AND THIS IS THIS IS SIMILAR TO A HOUSING PROJECT CONTEXT IS ACTUALLY THE STANDARD THIS IS ALMOST THE SAME THAT YOU EVEN IF YOU KNOW THERE ARE TIMES THE NEIGHBORS WILL COMMENT THAT THEIR YOU KNOW, VIEW IMPACTS OR DESIGN IMPACTS BUT THEY DON'T RISE TO THE LEVEL OF MEETING A STANDARD TO BE ABLE TO FOR THE CITY TO BE DENIED THE PROJECT THEN THE CITY WOULDN'T BE GOOD DO IT BECAUSE YOU CAN'T AKE THE FINDING. SO I SUGGESTED THE COMMISSION YOU THINK ABOUT IT THAT WAY.

WELL I WANTED TO ASK ABOUT WE GOT A LETTER JUST I GUESS I MADE YESTERDAY REGARDING ADA COMPLIANCE AND I'M WONDERING THERE'S ONE TERM THAT CAME UP AN ADA COORDINATOR. OKAY. CAN YOU EXPLAIN WHAT THAT IS AND WHETHER THAT AS IDENTIFICATION IN THIS INSTANCE?

OKAY. SO THE FIRST THING I WANT TO SAY IN THE UNITED STATES ACCESSIBILITY LAW ACT SO THERE IS A DEFINITION ABOUT OBLIGATION FOR THE PROBABLY THE BUSINESS OWNERS ND TITLE TWO IS ABOUT THE CITY'S OBLIGATION TO PROVIDE ACCOMMODATIONS TO THE PROGRAM AND WE'VE AUTHORITIES TO SAY THE HOME AND IN THIS CASE THE GOLF COURSE IS A PRIVATE MANOR RIGHT SO PROBABLY THE ROPERTY SO A180 IGNORED BY THE CITY DON'T HAVE OBLIGATION TO TO ENFORCE ANY ACCESSIBILITY ACCOMMODATIONS TO THE IN HE PROPERTY UNITED STATES YOU KNOW ACCESSIBILITY ACT AND NOW THE SECOND QUESTION I PROBABLY HOULD ANSWER DIRECTLY THE ACCESSIBILITY THE ACCESSIBILITY ACQUIRES OR IN THE CITY IS MORE LIKE IN A ROLE TO ENFORCE THE ETATO TOOL OF AMERICAN ISABILITY ACT WHICH IS TO TRY TO MAKE SURE TO EA TO MAKE SURE THE CITY'S A POOR ONE AND THE CITY THE FACILITY TO MAKE A REASONABLE ACCOMMODATION FOR THE PEOPLE WE SHOULD HAVE A NEED SO SO THE ADA BASICALLY SAYS THAT THIS TYPE OF SITUATION WITH A PRIVATE ENTITY IF THERE'S GOING TO BE ANY KIND OF ENFORCEMENT OR REGULATION OR ADA PURPOSES IT'S BETWEEN THAT ENTITY, THAT PRIVATE ENTITY AND NEIGHBORS OR WHOEVER MIGHT HAVE A CONCERN ABOUT THAT. IT'S NOT FOR THE CITY TO ADJUDICATE THAT.

YES. SO THE ADA BASICALLY SAID IF YOU THERE'S A TITLE ONE A SO THERE WAS THREE TITLES OR THERE SO THE FOR SOME TITLES THEY TALK ABOUT PRIVATE BUSINESS IF YOU OPEN THE IF YOU ARE A RESTAURANT OWNER YOU OPEN THE PUB THE BUSINESS TO SERVE THE GENERAL PUBLIC SO YOU ARE OBLIGATED TO DO SOMETHING TO MAKE SURE THE DISABLED PEOPLE WHILE YOU ENJOY THE SIMILAR SERVICE AS ABLE BODIED WILL DO . BUT THAT'S THE THAT'S A SIMILAR THING SO THAT'S APPLICABLE TO THE GOLF COURSE HERE THEY ARE PRIVATE ENTITY A DINING AREA IN THAT BUILDING SO THE PARKING LOT THEY NEED TO DO SOMETHING THEY HAVE OBLIGATION TO PROVIDE ACCESSIBILITY ACCOMMODATIONS OR SOME IMPROVEMENT AND TWO FOR DISABLES RIGHT ON THE CITY EVEN THOUGH WE HAVE A CITY AS A BUILDING THE ADA ACCESSIBLE AREA COORDINATORS A JOB IS AGAIN TO MAKE SURE MONITORING THE CITY'S FACILITY AND COME OUR PLAN IF THERE IS SOME KIND OF A BARRIERS FOR THE DISABLED PEOPLE TO ENJOY THE CITY THE FACILITY PROGRAM THAT TO POSITION THE PERSON IN THE AS A CORNER EITHER NEED A COMMON PLAN TO SAY OKAY I IDENTIFY CERTAIN BARRIERS THROUGHOUT THE CITY THE FACILITY PROGRAM THEN IT SHOULD HAVE A BUDGET WE CALL IT REASONABLE ACCOMMODATION AN ACCOMMODATION SO DOWN THE ROAD IN CERTAIN YEARS YOU KNOW HOW TO FIX IT. THIS IS A BARRIER IN THIS BUILDING AND THERE ARE MORE BEFORE WE MOVE TO THE NEXT ONE THAT'S THE AREA GENERALLY IN THEIR JOB.

SO BUT BECAUSE OF THE YPE OF ENTITY WE'RE DEALING WITH, A PRIVATE GOLF CLUB IS A PRIVATE SO THE ADA COORDINATOR WOULD NOT BE WHEN I DID PLAY THAT ROLE FOR THIS FACILITY. YEAH. AND THE PHRASE HERE IS AN ADA INTERACTIVE PROCESS. YOU KNOW WHAT THAT IS? OKAY, ONE MORE TIME. SO THE ADA INTERACTIVE PROCESS I WAS NOT FAMILIAR WITH THAT IS THAT IS A PROCESS.

SO IF SOMEBODY MAKES A ACCOMMODATION REQUEST IN CERTAIN SITUATIONS THE LAW REQUIRES THE THE PUBLIC ENTITY OR WHOEVER IS RESPONSIBLE TO MAKE SOMETHING ACCESSIBLE TO ENGAGE IN THE INTERACTIVE PROCESS WITH THE PERSON FILING THE REQUEST TO DETERMINE WHAT IS A WHAT IS A REASONABLE FEASIBLE ACCOMMODATION. SO IN THIS CASE THE CITY DOESN'T HAVE THAT OBLIGATION IN THIS CASE BECAUSE IT'S PRIVATE ENTITY THAT'S CORRECT.

THE CITY'S THE CITY'S ROLE HERE IS REALLY JUST THE PERMIT ISSUER AND SO IT'S LOOKING AT IT'S MAKING A QUASI JUDICIAL DECISION, IF YOU WILL, TO MAKE SURE TO LOOK AT THE EVIDENCE AND THE RECORDS, TO LOOK AT THE FACTS THAT'S PRESENTED IN APPLICATION AND SEE IF IT'S YOU KNOW, THE PERMIT CAN BE ISSUED AND WHICH IS WHAT THE BUILDING OFFICIALS ROLE IS SUPPOSED TO BE OING.

YES, THE BACK TO THE ADA THERE'S NOTHING ABOUT THESE SOLAR CELLS ESTRICTING ACCESS TO THE PROPERTY, THE BUSINESS OR THE GOLF COURSE TO ANYONE. IS THAT CORRECT? I MEAN WE'RE LOOKING AT IT ADA DEALS WITH ACCESSIBILITY OR EGRESS INTO THE BUSINESS AND IT DOESN'T SEEM TO BE APPEARING TO STOP ANYBODY FROM ENTERING. NO, ALONE THAT'S CORRECT.

THERE'S A NO INTERFERENCE TO THE ACCESSIBILITY FOR THE DISABLED. THANK YOU FOR ACCESS. YEAH, THANK YOU. AND JUST A COUPLE MORE THINGS. THERE'S A COMMENT HERE THAT IT'S LOGICALLY INCONSISTENT TO TREAT THESE LARGE PANELS ON THE GROUND COMMERCIAL SCALE SOLAR FARM AS A MINISTERIAL BUILDING PERMIT AS INHERENTLY REQUIRES INHERENTLY IT REQUIRES A DISCRETIONARY REVIEW.

I MEAN THE CLAIMS THAT THE STATE LEGISLATURE IS LOGICALLY CONSISTENT I WOULDN'T MAKE THAT CLAIM. BUT THE FACT IS CONSISTENT OR NOT LOGICAL OR NOT THE STATE LEGISLATURE HAS SAID THIS IS A MINISTERIAL YES DECISION. IT IS NOT A DISCRETIONARY SO WHETHER IT'S INHERENTLY DISCRETIONARY IS NOT A RELEVANT CONCERN BECAUSE THE STATE SAYS THAT'S NOT WHAT IT IS.

THE THE SOLAR ACT SOLAR RISE ACCIDENT DIFFERENTIATES, YOU KNOW THE LIMITS. RIGHT? HOW THEY QUALIFY THE SOLAR SYSTEM RIGHT TO GO THROUGH IS A MINISTERIAL PERMITTING PROCESS AND SO IT DOESN'T MATTER IT IS A BIG ONE SINGLE WHEN ONE SOLAR PROJECT FOR FOR A SINGLE FAMILY ARE WORTH AT LEAST ONE THERE IS A COMMERCIAL INSTALLATION SO THERE'S NO RESTRICTIONS ARE THERE IN THE SOLAR RIGHTS ACT AND THE LAST THING COMMENT CIVIL RIGHTS ACT WAS APPLIED WHILE IGNORING THE CITY IS ON SAFETY EXCEPTION AS WE'VE HEARD. I ASSUME THE CITY DOES NOT HAVE SAFETY EXCEPTIONS TO THE CIVIL RIGHTS ACT.

NO, WE REVIEW THE SOLAR PROJECT HERE BASED ON WE ADOPTED A BUILDING CODE LIKE AT LISTED HERE. SO THERE'S YOU KNOW, CALIFORNIA BUILDING CODE CALIFORNIA ELECTRICAL CODE TO MAKE SURE THAT THEY DON'T HAVE ANY FIRE HAZARD ILLOGICAL HEADER AND THE STRUCTURE HEADER WE GOT TO MAKE SURE THE INSTALLATION IS THE INSTALL THE PROBABLY ALL THERE WAS THEY THERE DOESN'T MATTER OF THE EARTHQUAKE WE SHOULD TALK ABOUT SAFETY ELEMENTS RIGHT AND DURING NATURAL HIDER AND SO IT IS WE REVIEW EVERYTHING BASED ON THE BUILDING STANDARD THE CODE WHERE ARE YOU FOCUSING RIGHT NOW? OKAY. THANK YOU. OKAY. THANK YOU. OKAY. I THINK VICE CHAIR KLOPP HEY MONICA THAT SOUNDS GOOD. I THINK I THINK THERE MAY BE I'M GOING TO GET TO EVERYBODY BUT THERE YOU GO.

O THANK YOU FOR YOUR TIME AND LOOK FORWARD TO HEARING MORE BUT I WANTED TO JUST ASK A COUPLE OF QUESTIONS ABOUT THE DOCUMENT RECEIVED TODAY FROM THE SOLAR TECHNOLOGIES COMPANY.

JEFF PASSING THAT STUDIES WERE DONE TO DO TIME LAPSE LOOKING AT GLARE AS WELL AS TESTING OF THE COMPLETED PANELS WAS DONE LOOKING AT GLARE AND IT SEEMS AS IF SOME OF THE PROBLEM MIGHT HAVE BEEN TIMING OF THE COMPLAINT BECAUSE AT THE TIME THAT THE COMPLAINANT COMPLAINED THERE WERE BIG METAL SUPPORT SYSTEMS. YES, NOT THE COVERED BLUE GLASS PANELS. SO IT SEEMS NOW BASED ON THIS TIME LAPSE STUDY AND THESE PICTURES THAT THERE'S NOT GLARE YOU CAN'T DEMONSTRATE GLARE NOT RIGHT NOW.

AM I CORRECT TO MY INTERPRETING THAT? THAT'S WHAT I READ THE SAME THING AS YOU DO BUT I CANNOT SPEAK FOR THEM ND THIS IS WHAT THE SOLAR COMPANY SO WHAT WE'RE GOING TO DO IS I AM GOING TO OPEN IT UP FOR THE APPELLANT AND THE APPLICANT. OKAY. IS THAT WHAT YOU WERE GOING TO SAY? CLAIRE WELL YEAH, THE QUESTION YOU CAN RESERVE THAT FOR OKAY. YEAH. GOOD. OKAY. YEAH. SO COMMISSIONERS MARIANNE I THANK YOU. THANK YOU. COMMISSIONER ANDERSON STOLE MY THUNDER. IT WAS ABOUT THE MINISTERIAL WHY WE'RE HERE. YEAH, YEAH. THE STEPS AND THE REASON THE STATE HAS DEEMED THAT THESE PROJECTS GET APPROVED BUT THANK YOU.

GOOD AND CAME THROUGH THE CHAIR. CAN I CAN I CLEAR SOMETHING UP? THE DOCUMENT THAT VICE CHAIR CLUB REFERRED TO WAS SUBMITTED BY THE THE APPLICANT THE OWNER A REPRESENTATIVE OF THE OWNER OF A OF A GOLF GOLF COURSE. GOOD. THANK YOU.

AND THEN I HINK COMMISSIONER STRONG MAN DID YOU NO MORE QUESTIONS. I HAD ONE QUICK THING AND AND IT'S TO TOUCH ON ONE MORE ITEM ABOUT MINISTERIAL WHICH EVERYONE HAS DISCUSSED BUT THERE WAS A FEW COMMENTS ABOUT WHY WHY WASN'T THERE SQUARE WHY WASN'T THERE A NOTICING PERIOD? CAN YOU JUST SUPER QUICKLY EXPLAIN HOW WHEN IT'S MINISTERIAL AND IT AND IT IT SATISFIES ALL THE OBJECTIVE STANDARDS HOW THAT PLAYS I CAN I CAN GO GENERALLY MINISTERIAL PROJECTS WHICH IS WHEN THE CITY DOES NOT EXERCISE DISCRETION IT JUST BASICALLY LIKE BUILDING PERMITS GRADING PERMITS IT CHECKS OFF A LIST AND IT SAYS IF THE BUILDING PERMIT IS APPROVED O THE MINISTER ACTIONS ARE NOT SUBJECT TO C CORP BECAUSE THE COURSE SAYS THAT IF YOU'RE NOT ACCEPTING DISCRETION THERE'S NO ENVIRONMENTAL ANALYSIS REQUIRED . SO THIS WOULD BE ONE OF THOSE PERMIT. IT WAS A BUILDING PERMIT SO IT WAS MINISTERIAL AND THEREFORE THERE'S NO C REQUIRED ND I THINK THE STAFF REPORT DOES TOUCH ON YOU KNOW IF WE WERE TO DO SO THERE IS THERE EXEMPTIONS FOR FACILITIES LIKE THIS WHERE IT'S YOU KNOW NOT RELATIVELY SMALLER NOT EXCEEDING FOR EXAMPLE 10,000FT2 AND THIS PROJECT BASED ON WHAT'S PRESENTED WOULD QUALIFY FOR THOSE EXEMPTIONS. AND SO THAT'S THAT'S KIND OF A TWO PROCESS OR TWO STEP ANALYSIS THAT WE THAT OR THE STAFF REPORT DID.

BUT THE FIRST THAT THE MINISTRY OF PROJECTS THEY NOT REQUIRES TO GO THROUGH TO BEGIN WITH.

BEAUTIFUL THANK YOU. OKAY SO THANK YOU. OKAY THANK YOU. ALL RIGHT. OKAY. SO THIS IS HOW IT'S GOING TO GO. I'M GOING TO OPEN UP THE PUBLIC HEARING AND WE'RE GOING TO HAVE FIRST THE APPELLANT THEY'RE GOING TO HAVE 15 MINUTES AND THEN THE APPLICANT WILL HAVE 15 MINUTES AND THEN I'M GOING TO HAVE PUBLIC COMMENT AND THEN I'M GOING TO HAVE AND THEN THERE WILL BE AN OPPORTUNITY FOR THE APPELLANT TO COME BACK UP AND THE APPLICANT YOU GUYS IF YOU FORGET THAT THAT'S OKAY BECAUSE I'M HERE OKEYDOKEY IS IT 15? IT'S COMING IN. IS HAT OKAY? WELL WOULD THE APPELLANT GET LOTS OF A'S PLEASE COME UP MY MICROPHONE. OH, CAN YOU HEAR ME? JUST SO YOU KNOW, IT WAS A COUPLE OF PHOTOS. THIS IS IT. SO WHAT I'M TRYING TO SAY OKAY ,THANK YOU. THANK YOU. SORRY I GOING TO START THE CHAIRMAN'S SEAT AND SO JUST SO I'M NOT HAVE TO VOTE FOR YOU I DON'T KNOW. IT'S OKAY. WE CAN SIT DOWN THERE. YEAH. YEAH, I THINK I REMEMBER OU

TRIED TO USE THE BUILDING. WANT TO START? YOU KNOW I DON'T HAVE A VIDEO OR I'M JUST GOING TO REPEAT WHAT 'VE SAID HERE.

IT'S NOT TOGETHER. YOU HAVE 15 THAT THINKS. YEAH, THAT'S RIGHT. CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION. MY NAME IS MICHAEL ROOMS AND I'M HERE TONIGHT TOGETHER WITH MY WIFE MARGARET BECAUSE A SOLAR FARM NOT THE ONES ON THE ROOF THAT WERE MENTIONED TO YOU EARLIER IT'S JUST THE SOLAR FARM WAS BUILT WITHIN 60FT OF OUR HOUSE WINDOWS THIS MONTH OF MARCH WITHOUT A PLANNING COMMISSION PUBLIC HEARING. THIS SOLAR FARM CONSISTS OF 146 PANELS AND IT ADJOINS THE PROPERTY LINE OF HEATHER FARMS HOMEOWNERS ASSOCIATION. WE MY WIFE AND I ARE MEMBERS HOMEOWNERS IN HEATHER FARMS HOMEOWNERS ASSOCIATION AND OUR WINDOWS OF OUR MASTER BEDROOM LIVING ROOM AND DINING ROOM OFFICER ROOM ALL HAVE GLARE FROM THE 146 PANEL SOLAR FARM AND ANY OF YOU I'VE HOWN A PHOTO THERE OF WHAT I MEAN BY NEAR VIEW IT'S WITHIN 60FT OF OUR PROPERTY AND THE PHOTO YOU'RE LOOKING T THERE WAS TAKEN BY A JURY HERE WHO IS FURTHER AWAY THAN MYSELF AND MY WIFE. OUR SO WE ARE EVEN CLOSER THAN THAT THAN THAT PHOTO INDICATES . FOR YOUR INFORMATION THE FIRST SIGN OF CONSTRUCTION OF THE SOLAR FARM OCCURRED JANUARY THE

28TH THIS YEAR WHEN DIGGING OF THE SUPPORT STRUCTURE HOLES COMMENCED IT WAS ONLY APPARENT ON FEBRUARY THE 9TH THAT HOLES WERE FOR A SOLAR FARM. WE HAD NO IDEA THAT SUCH WAS GOING IN INTO THAT LOCATION. MY NEIGHBOR JERRY HERE HE WENT IMMEDIATELY TO THE PLANNING DEPARTMENT TO INQUIRE IF THE PROJECT HAD A PERMIT AND WAS TOLD TO SUBMIT ANY CONCERNS IN WRITING AND HE ID SUCH AND WE HAD A MEETING ON FEBRUARY THE 25TH WITH FRANK WHO JUST SPOKE BEFORE ME CHIP GRIFFIN AND A LADY CALLED ERICA AT THAT FEBRUARY 25TH MEETING.

THE ABOVE THREE PERSONS AGREED TO PUT THIS SOLAR FARM WHICH IS NEARLY COMPLETE ON THE AGENDA OF A PLANNING COMMISSION PUBLIC HEARING IN THE FUTURE AS WE HAD NOT RECEIVED ANY PRIOR OPPORTUNITY TO HAVE OUR CONCERNS CONSIDERED. THIS IS THE MEETING WE WERE GIVEN. AS YOU KNOW THE GOLF COURSE PROPERTY COVERS KNOWING HOLES AND HAS MANY SO IT'S WHERE THIS SOLAR FARM COULD HAVE BEEN CONSTRUCTED WITHOUT BEING A SOURCE OF CLEAR TO US HOMEOWNERS IN THE HEATHER FARMS HOMEOWNERS ASSOCIATION I WOULD ASK THAT THE OWNERS OF THIS SOLAR FARM PUT THEMSELVES IN OUR SHOES AND ASK IF THEY WOULD LIKE TO SEE THE 146 PANEL SOLAR FARM EVERY TIME THEY WALK OUT ANY OF THE MAIN ROOMS OF THEIR HOUSE OF OUR HOUSE TONIGHT WHY FOR NO I HAVE DECIDED NOT TO PROCEED WITH A LEGAL CHALLENGE TO THIS VISUAL MONSTROSITY ALTHOUGH THE ATTORNEY THAT THOUGHT HE COULD WIN IF WE RETAINED HIM MARGARET NOY WISH TO REMAIN A GOOD NEIGHBOR TO THE DURHAM HILLS GOLF KOA WE AGREE THAT SOLAR ENERGY SHOULD BE USED WHENEVER PRACTICAL BUT WE SHOULD BUT IT SHOULD ONLY BE INSTALLED AFTER A PLANNING COMMISSION PUBLIC MEETING IS HELD FOR THE NEIGHBORS AND OF THIS FOR A SOLAR FARM OF THIS COIN AND IT DOES NOT AFFECT THE NEIGHBORS LIKE THIS PROJECT DOES. WE HOPE THAT THE TIME HILLS GOLF COURSE OWNERS ILL BE GOOD NEIGHBOR ALSO LL OURS JERRY.

I THINK YOU MAY HAVE TO THAT YOU THANK YOU OH YES YOU DO LIKE THANK YOU SO I'M A LITTLE NERVOUS FOR YOUR LANNING COMMISSION COMMISSIONER AND DEPARTMENT LEADERSHIP. MY NAME IS JERRY CHAO AND WE HAVE A PICTURE WITH YOU. WELL, AND I'LL NEVER SAY NEVER DONE THIS BEFORE. WELL, I'M HERE ECAUSE I NEED TO APPEAL TO A PERMANENT AS TO 5188. THIS APPEAL IS CENTER ON THE DOCUMENT THAT PAD ADMINISTRATOR BEHAVIOR AND IS INTERPRETED THE FUNDAMENTAL LEGAL DISTINCTION BETWEEN MINISTRY AND DISCRETIONARY ACTION TO THE DETRIMENT OF PUBLIC AND SAFETY FEDERAL LAWS IS THAT OU'RE A JURISDICTION OF PETE A 59 THIS SITE IS SITUATED ON THE PLANET PD A 59 WHICH IS FOR I GUESS FR OPEN OPEN SPACE IS LOGICAL INCONSISTENT. YOU PROBABLY READ THIS ALREADY THAT 446 COMMERCIALS A SOLAR PANEL AS TRUE TO SOME INDUSTRIAL SUCH A MASSIVE LAND USE IN THE PD ZONE SHOULD BE INHERENTLY DISCRETIONARY REVIEW TO EVALUATE THE IMPACT ON THE ADJACENT PROPERTY AND ADD YEAH AND YOU KNOW SURROUNDINGS DURING MY MEETING WAS ON 25TH WHEN WE ASKED THE CITY OFFICIALS PRODUCE THE LIST OF THE GUIDELINES AND WE WERE TOLD

THAT IT WAS TO IT WAS IT WAS A LOT AND IT WAS A LOT THEY THEY COULDN'T PRODUCE THE THE LIST TO US EVEN THOUGH I SPECIFICALLY ASKED THE DAY BEFORE IF I COULD REVIEW THEM. SO Y MY REASONING IS VERY, VERY SIMPLE. IF THEY COULDN'T EXPLAIN TO ME THEN IT IS NOT MINISTERIAL IS DISCRETIONARY SO SEEK A SECOND AS A SECURE A1526A GUIDELINE SAYS WHEN OU HAVE SORT OF LIMBO BETWEEN DISCRETIONARY AND MINISTERIAL YOU ARE DISCRETIONARY. YOU DO NOT RUN MINISTRY. ALL THE REASON WHY IS VERY VERY SIMPLE THIS TIME. LAST PICTURE YEAH SHOULD WOULD YOU PLEASE START THAT NOW WHAT YOU'RE LOOKING AT THIS AT THIS IS IT IS CALLED A A ERMINOLOGY SPECULAR REFLECTION BAND SO SO BASICALLY WHAT THIS IS THIS IS ABOUT TEN MINUTES OF IT AT THIS INTRO TO OUT TO TWO TO OUR LIVING QUARTERS MY MOM HAS VERTIGO. THIS IS AT THE ICE SKI. WE ALL SKI RIGHT? WE WERE GOGGLES WELL WE FACE SOMETHING IKE THIS. THERE'S A REASON WHY BECAUSE THIS CLEARS THIS BELOW US EFFECTIVELY WHAT THE RESTAURANT HAS DONE THE GOLF COURSE OWNER HAS DONE IS CREATE THIS SORT OF PATCH OF SNOW GLOBE YEAR ROUND AND MY MOM SHE COULDN'T GET AWAY FROM THIS FRIEND JUST SAID WE DON'T HAVE A STANDARD WELL WE HAVE A STANDARD WHEN WE GO SKIING WE WERE GOGGLES.

THIS IS A TIME LAPSE AND THIS HAPPENED EVERY SINGLE DAY EVERY SINGLE DAY IN THE MORNING TIMES . SO THIS IS QUANTIFIABLE. MY MOM HAS VERTIGO. I HAVE THIS IS HER PILL. I CAN PASS IT AROUND THIS THIS WAS ON THE 23RD OF FEBRUARY 2026. SHE HAS NAUSEA ONCE AGAIN WE ARE GOING FOR COMMON SENSE. IF FRANK HAS NO STANDARDS I SHOW YOU AIR YOU WANT TO SQUEEZE. THIS IS A STANDARD IF YOU LOOK AT HIS YOU GO WAIT A SECOND, THAT IS PRETTY BRIGHT. SO DECLARE REPORT TO CLEAR REPORT THAT I SUBMIT TO YOU IS FUNDAMENTALLY FLAWED BECAUSE OBSERVED ON THE PATHWAY A DIFFERENT ELEVATION AN ANGLES I MEAN LOOK AT THIS THIS IS FROM FROM MY HOUSE THIS IS FROM MY DINING DINING ROOM.

THIS IS FROM MY LIVING ROOM RIGHT THEY CANNOT OBSERVE THE ENTIRE THIS ROUGHLY ABOUT 2000FT2 OF REFLECTION STRAIGHT DIRECTLY INTO MY CLOSE TO MY HOMES. > WHY A PATHWAY OBSERVERS SEE THAT PATHWAY THEY'RE SAYING THAT'S CONCLUSIVE. THAT'S A CONCLUSIVE WHAT THEY SENT YOU THEY SAID THAT'S A CONCLUSIVE THAT HERE'S NO CLEAR IF YOU LOOK AT IT THE PERSON THAT WALKED BY THAT PATHWAY, HOW TALL DO THEY HAVE TO BE TO OBSERVE THE ENTIRE VIEW OF HAT? A SOLAR PANEL IT IS CLEARING SO IT'S INCONCLUSIVE. NOW THE SIGNIFICANT PUBLIC HEALTH IMPACT VERTICAL AND AND MICHAEL HASN'T SAID A LOT HE HAS TO GO BACK HE HAS BALANCE ISSUES WHY HE HAS I WOULD NOT REVIEW HE HAS SAID I WILL NOT SAY IT BUT FOR HE HAS SUBMITTED TO YOU MEDICAL DOCUMENTATION A VERY COMMON ONE. ALL OF US EVENTUALLY WILL MY HABIT BECAUSE THIS IS NOT THE NIGHT THIS IS JUST BASICALLY SOMETHING EVENTUALLY WE CATCH AS WE GET OLDER WE'RE NOW TALKING ABOUT SOMETHING OH THIS IS A DISEASE THAT YOU DO CERTAIN THAT YOU WILL CATCH. THIS IS AGING. THIS IS FOR PEOPLE THAT WE ALL AGE SO THIS IS A SIGNIFICANT PUBLIC HEALTH IMPACT BECAUSE MY MOM HAS VERTICAL AND MICHAEL HAS WHAT HE HAS AS FAR AS 88 IS VERY SIMPLE CONTRACT YOU THEY CAN CALL CITY PLANNING DEPARTMENT TO SAY HEY I HAVE X, Y Z IS WHAT I WANT TO BUILD WHAT YOU TAKE A LOOK AT IT AND SAY DO YOU THINK THIS WILL FLY? THIS IS YEAH IF YOU HAVE THIS IS GOING TO FLY. WELL MY MOM HAS CERTAIN MEDICAL

CONDITIONS WHERE YOU WANT SOMEONE WAS PROFESSIONAL KNOWLEDGE THE LAST I CHECKED FRANK AND CHIP THEY DON'T THEY DON'T HAVE A MEDICAL DEGREE AND YET THEY ARE HERE TO TELL YOU OH YEAH, WE KNOW WHAT IT IS I WANT ADA WHO KNOWS WHAT HAPPENED? WHO KNOWS? YEAH. OKAY. OH, JERRY'S MOM HAS VERTIGO. MICHAEL WHATEVER HE HAS, THIS COULD CAUSE ISSUES. I WANT EXPERTISE. IF THE CITY ALLOW CONTRACT YOU TO HAVE EXPERTISE LIKE CHIP AND FRANK YET THE SAME THING WHEN I ASKED WHAT 88 THEY SAID NO, YOU CANNOT HAVE IT. WE ARE TALKING ABOUT A PROCESS, A PERMANENT PROCESS. WE'RE NOT TALKING ABOUT REST ONE GOLF COURSE. WHAT ABOUT APPEALING THIS PROCESS, THIS PERMIT, THIS ISSUE BACK? YOU DOES FIDUCIARY RESPONSIBILITY IS I JUST WANT THAT IT IS LIKE THE POLICE ARREST AND SAY OH YOU THOUGHT YOU KNOW YOU HAD MIRANDA RIGHTS THIS IS FUNDAMENTAL GUYS THIS IS CALLED DUE PROCESS. M MOM HAS ISSUES A.D.A. COORDINATOR WILL EASILY SPOTTED YEAH THIS COULD COST CAN FRIEND CAN CHIP SAY DARE TO MY MOM YOU WILL BE FINE I DON'T I DON'T KNOW I'M NOT SURE SO I SPECIFICALLY TOOK THIS CALIFORNIA SOLAR ACT KEEP A SPARE CIVIC EXEMPTION. FRANK SAID THAT HE ACKNOWLEDGED IN FRONT OF YOU I HAVE NO QUANTIFIABLE NUMBERS. YEAH, EVERYONE HERE YOU CAN SEE THIS. I MEAN CAN WE PRESS PLAY ON

THIS? THANK YOU, CHIP. I APPRECIATE T. THIS IS TEN MINUTES. WE'RE NOT TALKING ABOUT INSTANT WAIT ABOUT TEN MINUTES OF THIS . MIKE MY MOM HAS COWERING FEAR NOW ALL THE WAY THE BACK ROOM AND YOU SAID THIS IS NOT A SPECIFIC ABUSE HEALTH CONDITION. I DON'T KNOW WHAT IT IS. SO I ASKED YOU TO RECLASSIFY THIS PROJECT AS DISCRETIONARY BECAUSE THAT'S WHAT IT IS WHEN YOU'RE KIND OF LIMBO. SEE THERE'S A SPECIFIC GUIDELINE 61526A GUIDELINE IS THIS IF YOU'RE CAUGHT IN LIMBO ,GO DISCRETIONARY. DON'T GO MINISTRY. YOU I WANT THE 88 WHO WAS AFFORDED TO A SHE SAID SHE SAID TO CHIP I'M KEEPING VERYONE IN THE LOOP SHE'S NOT HERE ANYMORE. SHE CANNOT BE HERE TO TELL YOU. YES, JERRY HAS A POINT SAVING A CHIPS IN YOU FRANK GIVING GIVING YOU HER POINT OF VIEW AND I WANT THOSE TWO THINGS. THANK YOU FOR OUR TIME. APPRECIATE IT.

THE MICROPHONE NEEDS TO BE ON. THANK YOU. CAN WE DO QUESTIONS AFTER THAT? OKAY. OKAY. THE APPLICANT NOW HAS 15 MINUTES TOGETHER. THERE'S A KNOWN KNOWN SOLDIER COMING UP READY, CHIP, CAN I GIVE YOU THAT?

YOU COULD EVENING HONORABLE CHAIR AND HONORABLE PLANNING COMMISSIONER MEMBERS MY NAME IS PETER LEE ZACH I'M A WALNUT CREEK CITY RESIDENT, A LOCAL PLANNING CONSULTING OUT AND I'M HERE TONIGHT REPRESENTING THE DIABLO HILLS MANAGEMENT GROUP WHO IS THE OWNER OF THE DIABLO HILLS GOLF COURSE SOLAR TECHNOLOGIES YOUR PARTY COULD NOT BE HERE TONIGHT SO I'M ALSO HERE TO SHARE SOME OF THE INFORMATION THAT HE HAD PROVIDED. AND SO LET ME BACK UP JUST A MOMENT AND TELL YOU THAT WHEN THIS CAME TO THE ATTENTION OF THE OWNERS, THE CONCERNS OF THE NEIGHBORS TRYING TO UNDERSTAND HOW TO DO THE RIGHT THING FOR THE NEIGHBORS AND UNDERSTAND WAS A REALLY AN IMPACT HERE WAS THIS JUST ANOTHER KIND OF NEIGHBORHOOD NIMBY CONCERN DIFFICULT TO KNOW. SO THEY WENT TO SOLAR TECHNOLOGY AND SAID EXPLAIN TO US HOW YOUR SOLAR SYSTEM IS DESIGNED AND AND EXPLAIN TO US WHY THIS S NTENDED NOT O HAVE ANY KIND OF GLARE OR IMPACTS ON NEIGHBORS. AND SO THE THE PERMIT CONTRACTOR SOLAR TECHNOLOGIES EXPLAINED TO US THAT THE SYSTEM WAS DESIGNED TO BE RELATIVELY FLAT, THAT THE SYSTEM IS DESIGNED WITH NON REFLECTIVE PANELS AND THAT AS PART OF THEIR THEIR ANALYSIS THESE SYSTEMS DON'T HAVE GLARE OR CERTAINLY NOT GLARE TO THE LEVEL THAT IT'S GENERALLY CONSIDERED A HEALTH CONCERN. SO THEY PROVIDED SOME INFORMATION HICH WHICH I THEN FORWARDED TO THE APPELLANT TO TRY TO REACH OUT AND EXPRESS OUR CONCERN AND I DID NOT RECEIVE A RESPONSE AND BUT I DID REVIEW THE APPELLANT'S CONCERNS AND SO WE WENT BACK TO SOLAR TECHNOLOGIES AND ASKED

THEM, YOU KNOW, HOW DO YOU DO A GLARE STUDY? HOW WOULD THIS BE DONE? SO WE REALLY BE ABLE TO TO ADDRESS THIS AND WHAT WE WERE TOLD WAS GENERALLY SPEAKING THEY DO AN ANALYSIS AHEAD OF TIME BECAUSE THE GLARE STUDY IS REALLY AN AFTER THE FACT PERFORMANCE CHECK. AND SO HIS REVIEW UGGESTED THAT MAYBE WHAT THEY WERE SEEING WAS EXPERIENCING A GLARE OFF OF THE STRUCTURE WHICH IS JUST A YOU KNOW, A WHITE SET OF METAL AS OPPOSED TO THE PANELS THAT HAVE THIS ANTI-REFLECTIVE COATING ON THEM. SO TO TRY TO FOLLOW UP AND UNDERSTAND WHETHER THIS WAS GOING TO BE A CONCERN, SOLAR TECHNOLOGIES WENT OUT THE OTHER DAY AND SHOT THIS VIDEO WHICH WAS INCLUDE IT AS AN AS A LINK IN THE LETTER THAT MR. POWERS SUBMITTED THOUGH BECAUSE IT WAS EMBEDDED IN THAT LINK AND THE WAY THAT THIS CAME OUT, IT APPEARS THAT MAYBE YOU MISSED THIS. SO THIS IS THE OTHER VIDEO AND AGAIN THIS IS NOT ABOUT INTENDED TO E ABOUT, YOU KNOW, CHALLENGING STUDIES. THIS IS JUST ABOUT TO TRY TO HELP YOU NDERSTAND WHAT WE WERE DOING TO TRY TO ADDRESS THIS CONCERN. SO THIS IS A TIME LAPSE VIDEO THAT WAS TAKEN GO AHEAD FROM 70 8 A.M. TO 7 P.M. LAST TUESDAY AND YOU KNOW, I CERTAINLY WOULDN'T REFUTE MR. CHILES OBSERVATION THAT I CAN'T HAVE HIM TAKE A VIDEO FROM THEIR SECOND STORY WINDOW. THIS IS FROM THE TOP OF THE FENCE ADJACENT TO THEIR PROPERTY. YOU KNOW, I REALLY AM NOT QUALIFIED TO SPEAK TO WHAT EXACTLY IS GLARE WHETHER IT WAS IN HIS VIDEO OR THIS VIDEO.

BUT THIS IS THE VIDEO THAT ALL DAY LONG THAT OUR EXPERT IS SUGGESTING IS WHY WE DON'T THINK THAT THERE IS A GLARE IMPACT AND WHY THEIR SYSTEM IS DESIGNED OT TO HAVE A GLARE IMPACT. NOW I WOULD SAY THAT SOME OF THIS STUFF IS A LITTLE BIT ABOVE AND BEYOND WHAT WHAT WE EXPECTED TO DO. NONE OF THESE STUDIES WERE WERE DONE UP FRONT BUT ALSO WE DID THIS ALL IN THE BEST INTERESTS OF TRYING TO ADDRESS THE CONCERN OF THE APPELLANT. UP ABOUT THE PD ZONING. TS CAME AS YOU MIGHT KNOW I HAVE SOME EXPERTISE IN LAND USE PLANNING AND I REVIEWED THE PD ZONE. THE PD ZONE WAS FOR THE ENTIRE GOLF COURSE DEVELOPMENT AREA INCLUDING ALL THE RESIDENTIAL THE GOLF COURSE USES INCLUDING THE CLUBHOUSE AND CERTAINLY SOLAR PANELS FOR THE PURPOSES OF POWERING THE GOLF THE CLUBHOUSE OR PERHAPS ON THE TOP OF A HOME ARE CERTAINLY NOT INCONSISTENT WITH THE PD AND THERE'S NOTHING IN THE PD THAT WOULD WOULD SUGGEST OTHERWISE OR JUST SUGGESTED IT'S AN INCONSISTENT USE THERE. I REVIEWED THE TITLE REPORT FOR THE PROPERTY. THERE ARE NO RECORDED EASEMENTS OVER THIS PARTICULAR AREA. THERE IS AN EASEMENT FOR THE CANAL THAT YOU CAN SEE IN FRONT OF YOU. THERE IS AN EASEMENT FOR THE TRAIL FOR EAST BAY PARKS BECAUSE THAT TRAIL ACTUALLY CONNECTS. BUT TO THE DEGREE THAT THOSE ARE ON THE GOLF COURSE PROPERTY, THE THE SOLAR PANELS EXCEED THE THE REQUIRED SETBACKS. SO JUST JUST SPEAKING TO THE PLANNING ISSUES THAT WERE BROUGHT UP IN THE APPELLATE I DON'T KNOW THAT IN THIS PARTICULAR CASE THAT THAT'S INTENDED TO ADDRESS ANY OF THE HEALTH OR OTHER CONCERNS THAT

THE APPELLANT HAS BROUGHT UP. WE'RE JUST TRYING TO ADDRESS, YOU KNOW, THOSE THINGS THAT WE COULD ADDRESS THAT YOU KNOW, THAT THE GOLF COURSE CERTAINLY DID NOT INTEND FOR THERE TO E ANY OF THESE ISSUES. THE APPLICANT WHO'S THE PERMIT THAT THE SOLAR CONTRACTOR WAS FOLLOWING THE LAW AND THE PROCESS WITH THE CITY AND I WILL LET YOU KNOW THAT THERE IS FAIRLY SIGNIFICANT EXPENSE INTO THE PROJECT ALL OF WHICH IS COMPLETE AND READY FOR A FINAL INSPECTION AS AT AS EARLY AS POSSIBLE AND IF THAT IS NOT COMPLETED AND PERMIT ISSUED BY APRIL 14TH THERE WOULD BE FAIRLY SIGNIFICANT FINANCIAL IMPACT TAX CREDITS AND A NUMBER OF OTHER THINGS RELATED TO THE PGA NE APPROVALS. AND SO I'M YOU KNOW CERTAINLY NOT LOOKING FOR THAT TO BE PART OF YOUR CONSIDERATION. BUT RELATIVE TO THE LAW AND THE STATEMENTS ABOUT, YOU KNOW, FINANCIAL CONSIDERATION, I JUST WANTED TO LET YOU KNOW THAT THAT THAT IS PART OF THIS AND IT'S ALSO PART OF YOU NOW, ANY WOULD BE PART OF ANY CIVIL MATTER THAT WOULD BE DISCUSSED BETWEEN THE PARTIES AND CERTAINLY APPRECIATE THE NEIGHBORS COMMENTS THE GOLF COURSE HAS NO INTEREST IN ANY KIND OF LITIGATION. THE GOLF COURSE WANTS TO BE GOOD NEIGHBORS IN THE SAME WAY THE GOLF COURSE HAS ALWAYS WANTED TO DO THE RIGHT THING AND FELT LIKE THIS IS THE ABSOLUTE PERFECT SPOT FOR SOLAR PANELS THAT WOULD OFFSET THE USE OF OF THE CLUBHOUSE. IT'S PROXIMATE TO THE CLUBHOUSE IN A WAY THAT ALLOWS FOR IT TO BE CLOSE ENOUGH FOR THE CONNECTIVITY THAT IS REQUIRED FOR SOLAR PANELS BUT SET ASIDE FAR ENOUGH SO THAT IT DOESN'T IMPEDE THE OTHER DELIVERY AND OTHER ACCESS THINGS THAT YOU CAN SEE ARE GOING ON IN THE PHOTO IN FRONT OF YOU. SO ALL OF THIS IS VERY

DELIBERATE. WE CERTAINLY DID NOT MEAN TO TO CAUSE ANY HEALTH CONCERNS OR IMPACTS ON ANY OF THE NEIGHBORS AND WE HOPE THAT YOU WOULD DENY THE APPEAL BASED ON THE STATE LAW AND UNDERSTAND THE SITUATION IS THAT WE DON'T FEEL BASED ON THE INFORMATION THAT WE HAD THAT THERE WAS A SPECIFIC GLARE IMPACT. AND WHILE I'M NOT A SOLAR EXPERT I'M AVAILABLE TO ANSWER ANY QUESTIONS ABOUT THAT. SHOULD YOU HAVE ANY ONCE YOU COMPLETE YOUR PUBLIC COMMENT AND THAT'S ALL THE INFORMATION I HAVE FOR YOU TODAY. TANK YOU VERY MUCH AND OF COURSE THANK YOU FOR YOUR SERVICE. THANK YOU. I THINK WHAT I'D LIKE TO DO IS LET'S DO PUBLIC COMMENT FIRST PLEASE AND THEN WE CAN HAVE WHEN THE WHEN THE APPELLANT AND THE APPLICANT HAVE THE CHANCE TO COME BACK UP, WE CAN THEN SUBSEQUENTLY ASK QUESTIONS IS THAT OKAY? BEAUTIFUL. ANY PUBLIC COMMENTS? CHIP I THOUGHT THERE WAS SOME NO. WELL ARE WE HAVING TWO APPELLANTS OH OKAY THEY'RE THERE. OH WE DO HAVE SOME KAY IF YOU DON'T MIND STATING YOUR NAME BECAUSE AND OH CHIP UH, TWO MINUTES.

THANK YOU. SURE. THANK YOU. HI. MY NAME IS RIGHT AND I AM A RESIDENT HERE IN WALNUT CREEK. I'M ALSO ADJACENT TO THE SOLAR INDUSTRY WORK FOR A LARGE SCALE UTILITY DEVELOPER. I DO THAT OUT OF WHO WANTED TO JOB BUT TO PASSIONATE ABOUT SUSTAINABILITY AND I WOULD URGE THAT THE COMMISSION TAKE THAT SERIOUSLY AND DENY THIS APPEAL BECAUSE I FIND THAT ESPECIALLY YOU KNOW IN THIS EARLIER AGENDA ITEM ABOUT THE SAFETY ELEMENT OF THE GENERAL PLAN JUST LOOKING AT CLIMATE RESILIENCY AND WHAT OFFSETTING TRADITIONAL ENERGY SOURCES CAN DO, I THINK THAT SIGNALS TO OTHER COMMERCIAL USERS THE IMPORTANCE THAT THE CITY PLACES ON LOOKING TOWARDS ALTERNATIVE ENERGY SOURCES. I THINK IF IT SETS A STANDARD WHERE A BUILDING PERMIT CAN BE OBTAINED CONSTRUCTED NEAR COMPLETE MONEY INVESTED TAX CREDITS LOST IT REALLY DISTANCE OR DISINCENTIVIZES COMPANIES TO INVEST IN THIS TECHNOLOGY. THANKS TO YOU ALSO HAVE A CARD I DON'T HAVE A CAR YOU COULD FEEL THAT OKAY OKAY. HI I'M DAVID PETERSON, RESIDENT WALNUT CREEK FAN OF SOLAR. I'M AN ADVOCATE OF SOLAR. I WAS JUST WONDERING IF THE LOVELY NEIGHBORS AND THE OWNERS OF THE GOLF COURSE HAD PROPOSE AND OFFERED TO PLANT SOME VEGETATION AND TREES TO MITIGATE BOTH THE GLARE AND THE VIEW ISSUES THAT THE APPELLANT HAS COMPLAINED ABOUT AND DIDN'T SEEM AS THOUGH THEY HAD. WHEN YOU LOOK AT THE APPELLANT'S PHOTOGRAPH WHEN THEY WERE LOOKING OUT THE VIEW ,THE MOST SPECTACULAR THING WAS A TREE THAT LOOKED JUST LIKE THE SYMBOL IN CITY OF WALNUT CREEK AND IT SEEMS LIKE THEY COULD ADD A FEW MORE OF THOSE AND SOLVE ALL THEIR PROBLEMS EASILY.

SO THAT IS A DECIDUOUS TREE OF COURSE. SO MAYBE THEY WANT TO PUT IN SOME EVERGREENS AS WELL. SEEMS LIKE AN EASY SOLUTION IN THEIR OWN VIDEO THEY SHOWED A TREE OUT OF THE AY THAT CAST A SHADOW AND FELL JUST SHORT OF THE SOLAR PANELS. IT SEEMS LIKE THERE'S PLENTY OF ROOM TO ADD A FEW MORE TREES TO CAST SHADOWS AND BLOCK THE VIEWS AND THE SHADOWS SEEM TO STOP AT THE STREET IF THEY'RE FAR ENOUGH BACK SO SEEMS LIKE AN EASY SOLUTION. THEY JUST HAVE TO WAIT FOR THE TREES TO GROW.

RIGHT. THANKS. THANK YOU FOR YOUR COMMENT. I DON'T THINK WE HAVE ANY MORE PUBLIC COMMENTS. SO WHAT I WOULD LIKE TO DO FIRST IS IF THE APPLICANT I KNOW THEY WERE JUST STANDING UP AND THEY'RE PROBABLY CLOSER TO THE MICROPHONE MAYBE NOT OTHER WHAT I WANTED TO BEFORE CAN WE DO A QUESTION SO FOR THEM OKAY SO BEFORE THE REBUTTALS WHAT I'D LIKE TO DO IS ARE THERE ANY QUESTIONS FOR THE APPLICANT? YES, COMMISSIONER ANDERSON I HAVE YOUR THANK YOU. THE LOOK IN THE TWO VIDEOS ONE KIND OF STRIKING DIFFERENCE THINK YOU NOTED WAS THAT IN THE FIRST VIDEO THE THE PANELS APPEARED OFF WHITE VERY LIGHT COLORED AND YOUR VIDEO THEY APPEARED BLACK. YOU NORMALLY SEE SOLAR PANELS. I'M WONDERING I THINK YOU SAID THE FIRST VIDEO WAS TAKEN IN FEBRUARY A FEW WEEKS AGO. WHEN WERE THE PANELS COMPLETE AT THAT TIME? ARE WE LOOKING AT A SUBSTRUCTURE OF SOME KIND? THE VIDEO THAT WE JUST SHOWED YOU WAS TAKEN ON TUESDAY OF THIS WEEK, RIGHT. SO IT IS A CURRENT VIDEO REFLECT THE AS BUILT CONDITION OF THE PROJECT AND I'M GOING TO GUESS THAT THE APPELLANT'S VIDEO IS ALSO A RECENT RECENTLY TAKEN VIDEO SO I'M GUESSING THAT THEY'RE WITHIN THE SAME PERIOD OF TIME. OKAY. AND THAT YOU KNOW THAT IN BOTH CASES THE PANELS WE'RE TALKING

ABOUT HAVE THIS NON REFLECTIVE MATERIAL ON IT AND IN THIS CASE THIS HAPPENED ALL DAY SO IT WOULD HAVE ENCOMPASSED, YOU KNOW, THE SAME PERIOD OF TIME THAT THE APPELLANT I THINK ANY DIFFERENCE THAT YOU MIGHT SEE IN THE TO AND AGAIN I DON'T KNOW HOW TO QUANTIFY THOSE DIFFERENCES BUT THE ANY DIFFERENCE WOULD BE JUST DUE TO THE HEIGHT BECAUSE CLEARLY THIS IS THE TOP OF THIS IS THE TOP OF THE THE FENCE. SO THIS IS ROUGHLY IX FEET ABOVE THE GREAT OF THEIR BACKYARD AND HE WAS TAKING HIS VIDEO OUT OUT OF WHAT WAS SUPPOSED TO BE THE UPSTAIRS WINDOW. SO THAT WOULD MEAN IT'S YOU KNOW, ANOTHER FLOOR, ANOTHER 8 OR 9FT OR SOMETHING HIGHER UP. THAT'S THAT'S THE ONLY THING I COULD THINK OF. THANK YOU COMMISSIONER COOK KWOK SO YOU GUYS SO THANK YOU FOR THESE EXPLANATIONS ON THE VIDEO. IT WAS VERY HELPFUL TO GET A 30 PERSPECTIVES OF THE APPLICANT AND THE APPELLANT APPELLANT I DID WANT TO GET A LITTLE BIT MORE INSIGHT INTO WHAT ORT OF DISCUSSIONS THE APPLICANT AND THE APPELLANT HAVE HAD. AS FAR AS I KNOW THERE AREN'T ANY I WHILE I'M REPRESENTING THE OWNER AS AS THE LAND USE CONSULTANT RYING TO UNDERSTAND AND HELP THEM THROUGH THE TECHNICAL ISSUES, I'M NOT AWARE THAT THE APPLICANT ACTUALLY REACHED OUT DIRECTLY TO THEM. I DID SEND THIS INFORMATION AN EMAIL TO THE APPELLANT ON BEHALF OF THE OWNER WITH THE HOPE THAT THE APPELLANT MIGHT RESPOND. THE ONLY CONTACT INFORMATION I HAD WAS THROUGH THE APPEAL PROCESS SO AS FAR AS I KNOW THERE HASN'T BEEN A DIRECT DISCUSSION OTHER THAN OUR EFFORT IF YOU WILL, TO TRY TO

ITEM BY ITEM SORT OF RESPOND TO THAT. I WILL BRIEFLY RESPOND TO THE COMMENT ABOUT VEGETATION AND BECAUSE THIS WAS AN ITEM THAT WAS BROUGHT UP IN ONE OF THE APPELLANT'S THINGS WE FELT LIKE THE OTHER THINGS THAT THE APPELLANT HAD ASKED FOR INCLUDING THE THE THE GLARE, THE ANTI-GLARE REFLECTION, A COATING ON THE PANELS THOSE OTHER THINGS HAD ALREADY ADDRESSED THE CONCERNS. WE GENERALLY WOULD SEE A LANDSCAPE IN RESPONSE TO THIS AS BEING MORE IN THE SIGNIFICANT COST AREA. THIS THIS ISN'T ABOUT JUST PLANTING A COUPLE OF TREES EVEN IF YOU KNOW I MEAN THE TREES WOULD TAKE QUITE A PERIOD OF TIME TO GROW TO THE HEIGHT THAT WE'RE JUST TALKED ABOUT THAT WOULD BE HELPFUL. BUT IT'S AN IRRIGATION SYSTEM, IT'S MAINTENANCE. THERE'S A WHOLE NUMBER OF THINGS. THIS IS AN AREA THE GOLF COURSE IF YOU SEE THE KIND OF THE AREA THAT WE'RE LOOKING AT THIS AREA IS ON THE OTHER SIDE OF THE CANAL. THERE'S NOT INFRASTRUCTURE HERE SPECIFICALLY TO DO THAT AND WE DIDN'T WANT TO PLACE ANYTHING ON THE OTHER SIDE ADJACENT TO TE PANELS HAT MIGHT WALK THE PANELS. AGAIN, I'M NOT GOING TO SUGGEST THAT THERE ISN'T, YOU KNOW, A POSSIBLE SOLUTION THERE, BUT THAT'S A MORE SIGNIFICANT COST THAT WE DIDN'T THINK IN AND OF ITSELF. WE THOUGHT IN FACT IT WOULD IMPACT THE PANELS AS OPPOSED O HELPING THE SOLUTION. AGAIN, I KNOW THE OWNERS THEY'RE NOT OPPOSED TO TRYING TO WORK SOMETHING OUT BUT WE REALLY DIDN'T UNDERSTAND THERE TO BE A PROBLEM AND THIS INFORMATION THAT WE HAD GOTTEN SUGGESTED THAT THERE WASN'T. AND SO THAT'S WHY WE'RE HERE TO SHARE THAT INFORMATION WITH YOU .

ALL RIGHT. THANK YOU, COMMISSIONER MORAN. THANKS, PETER. I GOT NO I'LL LET MY CHAIR KIND OF DRIVE THE BUS HERE. BUT YOU KNOW, THANK YOU FOR YOUR YOUR TIME. THE PANELS ARE BUILT, RIGHT? YES. WHAT'S THE NEXT STEP FOR FINAL INSPECTION? YES. SORRY. ARE YOU INVOLVED WITH THAT AT ALL? I PERSONALLY AM NOT IN THIS CASE. THE CONTRACTOR WOULD CALL FOR THE INSPECTION WOULD YOU KNOW, CERTAINLY LIKE TO HAVE AN INSPECTION TOMORROW OR MONDAY. THERE ARE SIGNIFICANT TAX CREDITS. THIS IS A NET METERING TWO PROJECT. SO AS YOU CAN IMAGINE IF THE PROJECT DOESN'T MEET THAT DEADLINE, THAT'S A FAIRLY SIGNIFICANT ONE. THERE'S A WHOLE WHOLE LIST OF THINGS EVERY DAY THAT THIS PROJECT IS NOT CONNECTED MEANS I MEAN THAT BUILDING HAS A FAIRLY SIGNIFICANT ELECTRICAL USE AND SO EVERY DAY THAT THAT THIS IS BEING HELD UP IS A IS A COST AND SO THE INTEREST OF THE OWNERS IS TO HAVE THE THE CONTRACTOR BE ABLE TO SCHEDULE INSPECTION AS SOON AS POSSIBLE. I KNOW BUILDING A FISH KONG IS IS DOING WHAT HE THINKS TO BE APPROPRIATE TO HAVE EVERYTHING ON HOLD SO WE CAN HAVE THIS DISCUSSION BUT IT'S CLEARLY OUR INTEREST TO DO THIS AS QUICKLY AS POSSIBLE AND THE INSPECTION IS GOING TO LOOK AT THE STRUCTURE, THE ANGLE I ASSUME ARE THEY GOING TO LOOK T THE THE GLARE, THE ANTI-GLARE TYPE ? ARE THEY GOING TO GET THAT DEEPER IN THE WEEDS TO SPEAK OR I PROBABLY LET FRANK HANDLE THAT QUESTION BUT I, I WOULD TELL YOU THAT THE FINAL INSPECTION WOULD REVIEW ALL OF THE THINGS THAT RE ON THE PLANS, MAKE SURE THAT THE THE CONSTRUCTION IS COMPLETE IN ACCORDANCE WITH THE PLANS. I BELIEVE THAT THERE HAVE BEEN INCREMENTAL INSPECTIONS, STRUCTURAL INSPECTION PROBABLY OF THE OF THE STRUCTURE BEFORE

THE PANELS WENT ON, THINGS OF THAT NATURE. BUT YES, ALL OF THE THINGS THAT YOU JUST MENTIONED I WOULD I WOULD BELIEVE TO THE DEGREE THAT THEY'RE ON THE PLANS AND PART OF THE REVIEW OF THE BUILDING DEPARTMENT WOULD BE CHECKED. HOW LAST QUESTION IS HOW LONG WITHOUT WITHOUT THIS PROCESS HERE RIGHT NOW WOULD IT HAVE ALREADY BEEN HOOKED UP? YES. OKAY. THANKS. ANY OTHER VICE CHAIR I THANK YOU FOR YOUR TIME. JUST A QUICK QUESTION.

I ASSUME THIS IS NOT THE ONLY SOLAR PROJECT THAT HAS EVER BEEN BUILT OF THIS SIZE AND I AND IN THE INDUSTRY THE SOLAR INDUSTRY IT'S TOO BAD OUR GUY WHO WAS THE EXPERT LEFT I'M NOT AWARE OF GLARE GENERALLY USUALLY BEING A PROBLEM WITH SOLAR INSTALLATIONS DO WE HAVE ANY CLUE BOUT SORT OF INDUSTRY STANDARDS AND BENCHMARKING? I WOULD ASSUME THAT THEY THEY LOOK AT THIS ACROSS ALL THE INDUSTRY, ALL THE SOLAR INDUSTRY AND YOU KNOW, UNFORTUNATELY I CAN'T SPEAK TO THAT DIRECTLY. I DID ASK A SIMILAR QUESTION WHEN I WAS TRYING TO INFORMATION GATHER AND I THE WHAT I UNDERSTOOD IS IT'S NOT THAT THESE PANELS ARE NOT GOING TO HAVE ZERO GLARE. THEY HAVE THIS NTI-REFLECTIVE COATING WHICH IS SUPPOSED TO REDUCE THAT GLARE TO THE POINT WHERE IT'S MINIMAL. THESE ARE, YOU KNOW, MITIGATED IMPACTS PERHAPS NOT NO IMPACT AND CERTAINLY YOU KNOW, WE HAVE A VERY EXTREME CASE OF OF WHAT WE'RE HEARING IN TERMS OF WHAT WHAT MAY BE A MEDICAL CONDITIONS AND AND AGAIN I DON'T WANT TO SPEAK TO THAT BUT I FROM WHAT I UNDERSTAND THIS IS STANDARD PRACTICE AND THAT THESE PANELS THAT THIS DOESN'T TYPICALLY COME UP OKAY AND BUT I WILL MENTION THAT I BELIEVE AND I DON'T KNOW WHERE IT IS AND WHAT KIND OF REVIEW IT HAS BUT I BELIEVE THE HEATHER FARM PARK IS INTENDING A FAIRLY GOOD SIZE SOLAR PANEL PROJECT AS PART OF ITS REDEVELOPMENT OF OF THE PARK AND YOU KNOW I'M GUESSING THAT THAT ARRAY WOULD BE IGGER AND I THINK IT'S SIMILARLY LIKE ON THE OTHER SIDE OF THE STREET LIKE THIS IS NOT THIS IS A THIS IS SOMETHING THAT I THINK WE WERE GOING TO SEE. I KNOW WE'RE GOING TO SEE MORE

OF HIM WALNUT CREEK AND YOU KNOW, I THINK IS AN APPROPRIATE USE FOR HEATHER FARM PARK ND FOR THIS LOCATION AT LEAST FROM A PLANNING PERSPECTIVE. THANK YOU. I HAVE A QUESTION. DOES ANYBODY THE PLANS SHOW THERE BEING SOLAR PANELS, THE GROUND ARRAY AND THEN ON TOP OF THE EXISTING CLUBHOUSE IT SEEMS FROM WHAT I NOTICED THERE HOUSE THE CLUBHOUSE IS AT A LOWER ELEVATION THAN THE EXISTING HOMES. IS THAT CORRECT? YES, I WOULD SAY THAT'S CORRECT THAT THAT THAT THAT THE HILL THAT THESE HOMES WRAP AS YOU CAN SEE IN THIS PHOTO AROUND THE CORNER AT AN AUTO GRADE THAT'S ABOVE THAT GRADE BELOW WHERE THE TRAIL IS THAT THERE WOULD BE OWNERS AROUND THE CORNER WHO WOULD BE LOOKING DOWN AT PANELS ON TOP OF THAT ROOF THAT ROOF ON THE CLUBHOUSE. YEAH, THE CLUBHOUSE OF THE ROOF OF THAT CLUBHOUSE IS COVERED JUST LIKE IN THE PLAN THAT BUILDING OFFICIAL CONG SHOWED TO US EARLIER AND I OULD THINK THAT PEOPLE ARE LOOKING DOWN AT THEM. NONE OF HOSE PEOPLE RAISED A CONCERN THAT I'M AWARE OF. SO AGAIN I THINK THAT THIS IS THIS IS A VERY SPECIFIC CONCERN BY THESE THESE HOMEOWNERS AS OPPOSED TO THE LARGER ISSUE WITH THE INSTALLATION.

SO THE OTHER QUESTION THAT I HAD WAS AND I AND I AND THIS IS IN MY REVIEW OF THE MEMO FROM THE SOLAR COMPANY IT ALSO TALKS ABOUT PANEL TENTS SITE ORIENTATE ATION AND THERE ARE THERE ARE PANELS IT TO ME IT'S INTERESTING BECAUSE THEY'RE FLAT SO WAS HERE AN INTENTION TO NOT HAVE THEM BE TILTED IN THE SAME MANNER THAT THE CLUBHOUSE YOU KNOW PANELS WHICH THEN WOULD BE FACING THE NEIGHBORS I THINK AGAIN I'M NOT THE DESIGNER UT I ASK A FEW OF THESE QUESTIONS. SO THINK THE ANSWER IS YOU WORK FROM THE SURFACE THAT YOU HAVE AVAILABLE TO YOU WHEN YOU'RE BUILDING ON THE SURFACE OF THE CLUBHOUSE YOU'RE GOING TO COVER THE ROOF THAT'S EXISTING AND YOU'RE GOING TO PLACE THEM IN CERTAIN PLACES AND PANELS ON THAT SPACE ARE GOING TO HAVE TIMES OF DAY THAT THEY HAVE GOOD SUN AND TIMES A DAY THAT THEY DON'T. AND SO WHEN YOU'RE LAYING OUT AN ARRAY ON ITS SURFACE LIKE THIS THAT YOU GET TO CREATE YOURSELF, YOU'RE GENERALLY LAYING THEM OUT FLAT POSSIBLY FOR REASONS OF REDUCING GLARE BUT ALSO BECAUSE WHAT YOU'RE TRYING TO DO IS LAY THEM OUT IN A ORIENTATION AND THAT ALLOWS FOR THE MOST SUN EXPOSURE OR GENERALLY TO ALL OF THOSE PANELS ACROSS THE WIDEST PERIOD OF TIME.

SO THERE IS A LITTLE BIT OF OF ANGLE TO THESE PANELS WHICH I THINK YOU MAY HAVE SEEN BETTER IN THE APPELLANTS VIDEO THAN THAN EVEN IN THIS PARTICULAR ONE. BUT T'S IT'S IT'S NOT GREAT IT'S NOT LIKE THESE THINGS ARE TILTS REALLY TILTED BACK INTO THE IN YOU KNOW ADJACENT TO THE INTO THE ADJACENT HOMES IN THE WAY MAYBE ONE OULD SAY SOME OF THE ONES ARE ON THE TOP OF THE CLUBHOUSE HOPEFULLY THAT ADDRESSES YOUR QUESTION YEAH I NOTICED THE DIFFERENCE IN IN THE FIRST THING THAT POPPED IN TO ME WAS A DIFFERENCE IN ELEVATION BUT I WANT TO MAKE SURE THAT THE APPELLANT HAS TIME TO COME UP BECAUSE THEY HAVE FIVE MINUTES. SO WOULD YOU LIKE TO COME UP?

OKAY. THANK YOU VERY MUCH. THANK YOU. AND I WOULD LIKE TO USE THEIR VIDEO TO REBUT THE REASON WHY. OH CAREFUL. THE REFLECTIVE ANGLE IS ABOUT TEN TO THE TEN DEGREES. THE REASON WHY YOU DON'T CAN WE PLAY THE VIDEO PLEASE? THE REASON WHY YOU DON'T SEE ANY CLEAR THIS THIS PANEL IS SPECIFIC NOT REFLECT LIGHT AT THIS ANGLE SO WHAT THEY'RE SAYING IS OF COURSE THIS IS INCONCLUSIVE. THIS IS EXACTLY WHAT I SAID BEFORE AN HDR COORDINATOR WHATEVER DONE IN HOME CLEAR STUDY THESE PANELS.

HE'S NOT AN EXPERT HE'S HE ADMIT I DON'T KNOW ANYTHING ABOUT THIS SO I CAN TELL YOU THESE PANELS THEIR DESIGN NOT REFLECT LIGHT AT THIS SPECIFIC ANGLE YOU CAN DO IT ALL DAY. YOU WILL NOT CATCH A CLEAR CAN YOU PLEASE GO BACK TO MY VIDEO PLEASE?

I'M CHIP I'M SO SORRY. NO I APPRECIATE IT.

CAN YOU EXTEND IF I TAKE THIS THE FIRST ONE YOU THINK THEIR STORAGE THIS THIS WOULD HELP THIS IS SO WHILE CHIP IS WORKING ON THAT I WILL SAY THIS IF YOU LOOK AT MY VIDEO WHICH IS SHOT TWO DAYS AGO PROBABLY THE SAME DAY EVERY SINGLE MORNING FROM SEVEN ROUGHLY TO 10:00 THIS SQUARE WILL COME UP. YOU WILL SHOW ALMOST EVERY SINGLE DAY IN HOME 88 YOU HOME WILL SHOW YOU THAT AND THAT'S A REASON WHY I SAID EARLIER IF I GO TO A DOCTOR'S OFFICE AND ASK FOR LAWYER'S ADVICE, WHAT DO I GET IF I GO TO A LAWYER'S OFFICE GETTING A DOCTOR'S BUT WHAT WOULD I GET? CONTRACTOR GO TO CHIP GO TO FRAME FOR CONSTRUCTION I WANT DATA FOR MEDICAL DEVICE FOR THIS BUILDING INFORMATION. IF YOU LOOK AT THIS THIS IS A TIME LAPSE PROBABLY TAKE YOU ON THE SAME DAY IF YOU LOOK THIS ANGLE IS CALLED A REFLECT IS TWO X TANGENT OF TEN DEGREES AND THIS WILL PREDICT VERY, VERY ACCURATELY WHEN THE SUN STERN ROTATION YOU WILL SEE THIS CLEAR.

SO HEN THEY HAVE AN EXPERT DON'T EVEN KNOW THE GEOMETRY.

YEAH THERE HE IS HERE TO TELL YOU EVERYTHING IS OKAY AND I AM SHOWING YOU VIDEO PROBABLY TAKE YOU ON THE SAME DAY YOU DO SEE CLEAR THIS IS LIKE US SKIING LOOKING DOWN YOU WILL SEE WHY CLEARS THIS WAY CLEAR IS VERY VISIBLE THERE'S NO MISTAKE ABOUT THAT FOR MY MOM WHO LOVE IF YOU LOOK BEHIND THIS HEAD OF FORMS I WILL TELL YOU ONE MORE THING WHY WE ARE SO PLEASING TO US BECAUSE THE PLINTH FILTER OUT ALL THE OTHER COLOR WAVELENGTH. THE ONLY SHOW GREEN THIS THIS SOLAR PANEL IS REFLECTIVE. IT S LIKE YOU HAVE A HUGE SOME KIND OF A TV OVER THERE I DON'T EVEN CARE WHAT KIND OF REFLECTOR WHAT WHAT WHAT THAT SUPPOSED TO HAVE A SOLAR PANEL COULD ONLY ABSORB 38% OR LESS THE OTHER 60% ARE REFLECTED IT IS A SCIENTIFIC FACT THAT'S WHY YOU ARE SEEING WHAT IT IS. THAT'S WHY I REQUEST 88 AND I WILL SAY THIS IF YOU WANT TO KNOW SPECIFIC INFORMATION IS SECURE 15268 THAT'S A GUIDELINE IF YOU WANT TO KNOW ABOUT CITY NOT FAILING TO FOLLOW CITY CODE W CMC TEN DASH TO 1102 IS WHEN I FILE FOR THIS STAY IT SHOULD HAVE BEEN DONE RIGHT AWAY. THE ONLY REASON IS THIS EXPERTS SAY OH WE HAVE SO MANY FINANCIAL RISK BECAUSE YOU WANT TO STOP ON THE DAY IF YOU STOP ON THE DATE THIS WILL BE MINIMIZE. WE JUST NEED TO GO BACK TO THE DAY THAT HEY FRANK, WANT ME TO OBJECT TO THIS PERMIT BACK IN

AUGUST OF 2005? I WILL SAY THIS TO FRANK IF I HAVE A TIME MACHINE I DON'T WANT TO GO BACK TO AST YEAR. I GO BACK TO LAST WEEK I WILL GET A LOT.

DON'T TAKE IT. I CANNOT OBJECT TO SOMETHING THAT'S AUGUST THOUSAND 45 SO WHEN THIS IS KNOWN THE CITY CLOSEST IS VERY SIMPLY JERRY IF YOU PUT A APPEAL TO IT WE WILL ACCEPT AND WE WILL START THIS. THAT WASN'T DONE IN MY PHONE. I HAVE DAY THEY PICTURES THEY STAY WAS NOT EXECUTED AND THEY HAVE MORE TIME BECAUSE THANK YOU BUT YOU KNOW WHAT WE ACTUALLY HAVE SOME QUESTIONS FOR YOU SO BUT TO KIND OF KEEP ORDER AND TO KEEP BECAUSE AS EVERYONE WAS TO MAKE IT FAIR DOES ANYBODY HAVE ANY QUESTIONS FOR MR. BECAUSE I HAVE ONE QUESTION YES COMMISSIONER COUNT I'M JUST CURIOUS WHETHER YOU EVER INVITED THE GOLF COURSE OWNER TO COME UP TO EE WHAT YOU'RE SEEING AND HAVE YOU SPOKEN TO THEM AT ALL? SO TO ME I MAKE MY POINT VERY CLEAR THIS IS NOT A CIVIL MATTER. THIS ABOUT A PERMIT WAS A PERMIT EVER SHOULD HAVE BEEN ISSUED. THIS IS A UBLIC INTERACTIVE PROCESS WHEN I TALK TO YOU A PRIVATE ISSUE WE'RE TALKING ABOUT A PUBLIC ISSUE. A PERMIT WAS ISSUED BY THE CITY WAS AT ISSUE WAS THE RIGHT SET OF SITUATION. SO WE TALK ABOUT WHAT NOT ARE YOU FOR SOLAR BY THE WAY WHEN FRANK CALL ME ON THE PHONE A FRANK THANK GOODNESS YOU CALL ME THAT'S A FAIR YOU CAN ASK FRANK I WANT TO COMMUNICATE I'M A FOR SOLAR I'M NOT AGAINST SOLAR. I WILL TELL YOU ONE MORE THING THIS NINE HOLE GOLF COURT PLENTY OF SPACE NOT EVEN I WANT TO SAY 150FT FROM THAT THIS ADDITIONAL SPACE A PROPER PLANNING BY FRANK TOWNSHIP WOULD IDENTIFY.

SO I'M SORRY AND THE ANSWER TO THE QUESTION THAT S NO YOU HAVE NOT INVITED THEM TO COME AND SEE YOU MIGHT SO THAT THEY COULD UNDERSTAND THE IMPACT ON YOU. MY MICHAEL OVER THERE TO ANSWER YOUR QUESTION WE HAVE NOT. OKAY. THANK YOU. THAT WAS A THANK YOU ANY OTHER COMMENTS FROM MY QUESTION?

DO YOU KNOW EXACTLY WHAT DATE THAT VIDEOS FROM? YES, THIS WAS TWO DAYS AGO TWO DAYS AGO TO THOSE 2420 FOURTH YOU JUST SAID YOU WEREN'T SURE BUT I KNOW I'M VERY SURE I YOU MAY FALL I TOOK SO MANY PICTURE THAT'S THE REASON WHY WHEN I WAS SURE I HAD ABOUT SIX DAYS OF TIME LAPSE. OKAY. SO THIS WAS TAKEN TWICE THE REASON WHY I TRIED TO IDENTIFY WHICH DATE WAS IS IT WHERE'S THAT ANGLE? IS THAT FROM A BEDROOM? ANY ROOM THIS IF YOU LOOK AT THIS THIS IS ROUGHLY FROM ME, FRANK NO, THIS ROUGHLY ABOUT YOU KNOW, ABOUT TEN DEGREES 15 DEGREES. SO YOUR DINING OOMS ON THE SECOND LEVEL.

OKAY. AND SO MY LIVING ROOM MY DINING ROOM IS ON THE SECOND FLOOR. MY MOM HAS COW IN FEAR NOW SHE HAS VERTIGO.

OKAY, THAT'S I GOT YOU. I THINK IT'S A YES. LOOK, IF I COULD GET SOME CLARIFICATION, I HAD I WAS READING THROUGH THE APPEAL AND I HAD THE IMPRESSION THAT THE IS THE GLARE FROM LIGHT THAT'S FILTERING INTO THE DINING ROOM SO LIKE IS IT ILLUMINATING THE CEILING, FOR EXAMPLE? THAT'S RIGHT. OR IS THE GLARE FROM THE PERSPECTIVE THAT WE'RE OOKING AT NOW WHERE IF WE WERE IN THE DINING ROOM AND LOOKING OUT TOWARDS THE PANELS THAT WE WOULD SEE THE GLARE ON THE PANELS?

OKAY. SO THE PICTURES WERE THOUSAND POINT YOU ARE LOOKING AT IT SO YOU HAVE IN THIS THAT THERE ARE DIFFERENT ENERGY AND CLEAR YOU MIGHT BE SAYING SOMETHING SLIGHTLY DIFFERENT. SO A SOLAR PANEL IS THIS MAX AT CURRENT TECHNOLOGY OUGHLY 38% THE OTHER 67% ARE REFLECTED EACH SOLAR PANEL THAT DESIGN A CERTAIN WAY THAT THE NGOS SORT OF SHIFTED AWAY.

SO WHEN I SHOW YOU THIS PICTURE YES, THIS IS COMING TO MY DINING ROOM. YES, THIS IS COMING TO MY TO MY LIVING ROOM FOR MICHAEL IS COMING TO EVERY SINGLE ROOM ON HIS SECOND FLOOR. I'M TALKING ABOUT EVERY SINGLE ONE MASTER BEDROOM LIVING ROOM ,DINING ROOM, UH, OFFICE OFFICE. OKAY. SO IF I ASK MEDICAL CONDITIONS OKAY, IF THERE IS A MEDICAL CONDITION. THANK YOU. THANK YOU. IF I MAY, IT'S MOSTLY CLEAR FROM LOOKING DIRECTLY AT THE PANELS NOT FROM INDIRECT LIGHT SHINING INTO THE ROOM LIKE IF I WERE LOOKING AT A WALL OR SOMEWHERE ELSE IN THE HOUSE.

OKAY, SO IF YOU WERE TO CLOSE THE CURTAINS ON THE HOUSE AND THEN YOU WENT OH OKAY SO IF YOU DO LET ME QUALIFIER DO YOU WANT ME TO ANSWER IT? YOU CAN ANSWER THE QUESTION AND YES.

SO TO ANSWER YOUR QUESTIONS YES THE CLEAR IS COMING THROUGH OKAY HAS CLOSING THE CURTAINS HELP? YES. OKAY. ALL RIGHT. THANK YOU. I I HAVE ONE QUESTION AND THEN I THINK ARE WE ALL DONE WITH THE APPELLANT THAT THAT PHOTO RIGHT THERE IS NOT TAKEN FROM YOUR ROOF? NO, THIS IS FROM MY TINY ROOM FOR MY LIVING ROOM. IF YOU PRESS PLAY THIS IS A TIME LAPSE.

NO, I UNDERSTAND. I'M JUST I'M LOOKING AT THE ARCHITECTURE FROM THE STREET AND I DON'T SEE ANY PORTION OF ROOF WITH A ROOF VENT.

OH, YEAH. I'M SO SORRY. SO OUR HOME WAS SLIGHTLY ENGINEERED DIFFERENTLY WE INTO SICK IN THE FIRST FLOOR AND OUR FIRST FLOOR IS ACTUALLY YOU WANT TO SAY FIRST OF ALL BASEMENT. SO SO OUR FIRST FLOOR IS OUR SECOND FLOOR BECAUSE SITTING ON THE HILL OKAY YEAH THAT WAS THE ONLY QUESTION I HAD. I'D LIKE TO GIVE A CHANCE FOR THE APPLICANT IS EVERYBODY AND WHAT QUESTIONS THANK YOU SO MUCH FOR COMING UP HERE OF COURSE MICHAEL OKAY LAST DOES THE APPLICANT YOU HAVE FIVE MINUTES IF YOU WISH TO COME UP TO REBUT AND JUST LIKE TO CLARIFY SOMETHING PETER MIGHT HAVE SAID LEFT YOU THINKING THAT HE MENTIONED THE LAND BETWEEN OUR HOUSES AND THE SOLAR FARM THAT LAND BELONGS TO THE HOMEOWNERS SOCIETY OCEAN WHAT YOU SEE THERE THE THE CANAL LAND THE PUBLIC WALKWAY WE LAND AND THE DOWN TO THAT SOLAR FARM IS THE HOMEOWNERS THE ASSOCIATION PROPERTY AND THE IDEA THAT SOME CHAP HAD WHICH WAS BRILLIANT OF BUILDING OF PLANTING SOME TREES ALONG THERE TO HIDE IT THERE'S NO LAND FOR THAT SO THE GOLF COURSE MEAN TO PUT IT ON I THINK YOU'LL FIND HIS PUT IT RIGHT UP TO OUR ROPERTY THE ASSOCIATION PROPERTY AND THE ASSOCIATION WILL NOT BE INTERESTED IN PLANTING TREES THEY ARE ALREADY TRYING TO CUT BACK THE COSTS TREE COSTS AND

SCAPING COSTS AND WATER COSTS SO THAT ALL I WOULD ASK IS THAT WHEN YOU COME TO INSPECT THE SOLAR PANEL ARRAY THIS OMING WEEK OR WHENEVER YOU MIGHT CONSIDER WHETHER HE HAS BUILT IT WITHIN THE SURVEY MOINES PROPERTY LINES THAT HE'S ALLOWED TO BUILD IT IN LAST TIME HE CAME HE WANTED TO DO SOMETHING THERE THE GOLF COURSE OPERATOR HE WANTED TO BUILD INDOOR GOLF RANGE ON THAT PROPERTY AND WHEN IT WAS PUT IN FRONT OF YOU PLANNING PEOPLE. MHM. HE HAD HE WAS PUTTING IT ON OUR PROPERTY HE THOUGHT THAT THAT PLAN WAS HIS PROPERTY BUT IT'S NOT WE ARE COMMON IS DULY NOTED AND AND SINCE THE BUILDING OFFICIAL IS HERE I THINK THEY WILL DEFINITELY MAKE SURE THAT WHEN THE INSPECTION COMES THAT THINGS ARE ONLY BUILT ON THE APPROPRIATE PROPERTY. THANK YOU SO MUCH FOR COMING UP HERE. IT'S BEEN ABSOLUTELY AN EYE YOU KNOW, PARDON ME SO SORT OF I NEED FOR THIS OCCASION ALSO I WILL ALLOW THAT THAT'S NOT WHAT WE'RE HERE TO DISCUSS RIGHT NOW ABOUT THE SURVEYING THAT HAPPENED. BUT I CAN ASSURE YOU THAT WHEN A MINISTERIAL PERMIT IS ISSUED THAT THERE ARE OUT THERE'S AN APPLICATION THAT IS DEEMED COMPLETE THAT HAS ALL THIS INFORMATION SO THAT PEOPLE AREN'T BUILDING ON SOMEONE ELSE'S ROPERTY. YEAH. THANK YOU SO MUCH DOES IT? THANKS DOES THE APPLICANT YOU DON'T HAVE TO. OKAY THANK YOU THEN I'M GOING TO CLOSE PUBLIC COMMENT AND BRING IT TO MY FELLOW COMMISSIONERS FOR DISCUSSION.

YES, COMMISSIONER ANDERSON, I HAVE A LOT TO SAY ABOUT SOME OF THE SOLAR INFORMATION THAT'S BEEN BROUGHT OUT AND WHAT I BELIEVE AND WHAT I DON'T BELIEVE AND YOU KNOW, WHETHER THERE IS A CLEAR R NOT I'M NOT GOING TO SAY THOSE THINGS. OKAY. BECAUSE WHAT WE REALLY HAVE HERE IS A QUESTION OF WHETHER A MINISTERIAL POWER PROCESS WAS PROPERLY CONDUCTED AND CLEARLY IT WAS AND YOU KNOW, WHETHER WE AGREE WITH WHETHER THE STATE LEGISLATURE AND SAYING YOU KNOW AND EMANDING THIS PROCESS, YOU KNOW, WAS LOGICALLY CONSISTENT OR WHETHER YOU KNOW, IT CRIES OUT FOR DISCRETIONARY CONSIDERATION THAT'S NOT WHAT THE PROCESS IS BECAUSE THE STATE HAS DETERMINED THAT IT IS NOT IT IS A MINISTERIAL PROCESS . I BELIEVE THAT HAS BEEN ONE CORRECTLY AND THE APPEAL SHOULD BE DENIED.

ARE THERE ANY FURTHER DISCUSSION ITEMS FROM THE COMMISSION? COMMISSIONER MORAN I WOULD SAY SOMETHING. OH I'M SORRY I NEED TO PUT GLASSES ON. ANYBODY ELSE? WOULD ANYBODY LIKE TO? OH YES, COMMISSIONER CLARK, IF I CAN MAKE THE MOTION YES. ALL RIGHT. SO I MOVE THAT THE PLANNING COMMISSION DENY THE APPEAL TO THE BUILDING PERMIT NUMBER AS 25 188 SOLAR ENERGY SYSTEM.

YEAH. HILLS SECOND AND THAT'S TO ADOPT THE RESOLUTION MAKING THAT DECISION. YES. THANK. SECOND AGAIN, ROLL CALL VOTE YES PLEASE. COMMISSIONER CLARK YES. COMMISSIONER STRAW MAN YES. COMMISSIONER ANDERSON YES. COMMISSIONER MORAN YES. COMMISSIONER COUNT YES VICE CHAIR KLOPP YES SURE. KNEADING ES.

MOTION CARRIES. WE'RE GOING TO TAKE A QUICK FIVE MINUTE BREAK HERE SO WE

WILL BE BACK AT 8:00.

THANK YOU.

THAT WAS A MOTION TO DENY

THE

OKAY.

WE ARE BACK. THANK YOU SO MUCH FOR THE QUICK BREAK. SO NOW WE'RE ON OUR THIRD ITEM THREE C AND THAT IS THE OCEANA DESIGN REVIEW APPLICATION. WHY 25 099 LOCATED AT 1555 BONANZA STREET. THE FORMER YACHT CLUB PLANNING HAS PRESENTATION THANK YOU. GOOD EVENING PLANNING COMMISSIONERS MY NAME IS JESSICA GONZALEZ SENIOR PLANNER AND I WILL BE PRESENTING THE OCEANA PROJECT SO GETTING STARTED WITH THE PROJECT LOCATION THE PROJECT SITE IS AN EXISTING TWO STORY BUILDING AT THE CORNER OF LOCUST AND BONANZA STREET AT 1555 BONANZA OCEANA IS A FISH BAR RESTAURANT THAT PROPOSES TO USE THE EXISTING BUILDING FORMERLY OCCUPIED BY YACHT CLUB. THE PROPOSAL IS FOR THE GROUND FLOOR TO BE USED ITH RESTAURANT AND FOR THE SECOND FLOOR TO BE USED WITH OFFICES AND OVERALL THE PROJECT SCOPE INCLUDES A FIRST AND SECOND FLOOR ADDITION TO THE EXISTING BUILDING REMODELING THAT EXIST THE BUILDING FACADE CONSTRUCTING A NEW TRASH ENCLOSURE AND A EW PATIO AS WELL. SO JUST FOR SOME CONTEXT I'VE INCLUDED SOME PICTURES OF THE EXISTING BUILDING ON THE SCREEN THE TOP PHOTO IS THE SITE ALONG BONANZA STREET AND THE PHOTO AT THE BOTTOM SHOWS THE BUILDING SITE ALONG LUCAS STREET.

JUST A QUICK OVERVIEW OF THE ENTITLEMENT PROCESS FOR THE PROJECT THE APPLICANT HAS APPLIED FOR A AUP TO SERVE ALCOHOL THAT HAS BEEN REVIEWED AND APPROVED AND THE PROJECT HAS BEEN PRESENTED BEFORE THE DRC AS A STUDY SESSION AND TONIGHT THE PROJECT IS BEFORE THE PLANNING COMMISSION FOR FINAL DESIGN REVIEW DECISION.

SO AS I MENTIONED ON MARCH 4TH 2026 THE DRC DID REVIEW THE PROJECT AND OVERALL THEY GENERALLY FELT THAT THEY WERE SUPPORTIVE OF THE PROJECT AND THE ABILITY TO MAKE THE DESIGN GUIDELINES AND STANDARDS. BUT THERE WERE SOME RECOMMENDATIONS INCLUDING ADDING THE ADDITIONAL DETAILS FOR THE METAL SCRIM ON THE BUILDING AND ADDING SOME DETAILS SHOWING THE HOW THE ROOFTOP QUIPMENT WILL BE SCREENED AND ADDING DETAILS TO SHOW HOW THE WINDOWS ALONG LOCUST STREET WILL BE SCREENED AND MISSING DETAILS FOR GROUND PLANTERS ALONG BONANZA STREET. AND SO SINCE THEN THE APPLICANT HAS REVISED THEIR PLANS IN RESPONSE TO THE RECOMMENDATIONS AND THOSE REVISED PLANS ARE BEFORE YOU TONIGHT JUMPING IN TO THE SITE CHANGES THE SITE PLAN ON THE LEFT SIDE OF THE SCREEN SHOWS THE EXISTING CONDITIONS AND THE SITE PLAN ON THE RIGHT SIDE OF THE SCREEN SHOWS THE PROPOSAL FOR THE PROJECT.

AS I MENTIONED THE PROJECT INCLUDES A NEW TRASH ENCLOSURE WHICH IS CIRCLED IN RED ON THE SCREEN ALSO PROPOSING A NEW TWO STOREY ADDITION WHICH IS HIGHLIGHTED AS WELL JUST FOR SOME UNDERSTANDING THIS IS A RENDERING OF THE PROPOSED OUTDOOR PATIO AREA AND THEN AS I MENTIONED THE TRASH ENCLOSURE HERE, THE ELEVATIONS SHOWING THE PROPOSAL AND DESIGN THE TRASH ENCLOSURE IS BEING DESIGNED TO MATCH THE PROPOSED BUILDING COLORS AND MATERIALS MOVING INTO THE LANDSCAPE LANDSCAPING LAN FOR THE PROJECT. THE GREEN AREAS ON THE PLAN SHOW THE PROPOSED LANDSCAPE FOR THE PROJECT GENERALLY WHICH MOSTLY INCLUDES STREET ORIENTED PLANTERS PLANTED WITH GRASSES, FERNS AND CREEPING FIG PLANTS THAT ARE MEANT TO GROW ALONG THE BUILDING SITE. HERE ARE SOME OF THE PROPOSED ELEVATIONS FOR THE PROJECT THE PROJECT INCLUDES PAINTING THE BUILDING A LIGHT SEAFOAM GREEN WITH SOME BROWN TRIM ELEMENTS ADDITIONAL ELEVATIONS ADDITIONAL DESIGN PROPOSAL INCLUDES BLUE MOSAIC GLASS TILES ALONG THE EXTERIOR BLUE AWNINGS AND FLOOR AND A FLOOR TO CEILING GOLD ECORATIVE METAL SCRIM SYSTEM AT THE CORNER TO HIGHLIGHT AND FEATURE HERE THE PROPOSED PAINT COLORS AND MATERIALS FOR THE PROJECT. AS YOU CAN SEE THE PROJECT INCLUDES A COLOR SCHEME WHICH FEATURES BLUE GOLD AND BROWN ELEMENTS.

HERE'S A PROPOSED PROJECT RENDERING SHOWING THE PROPOSED DESIGN ALONG LOCUST STREET SOME ADDITIONAL RENDERINGS OF THE PROJECT AGAIN SHOWING THE OUTDOOR PATIO AREA AND THE SITE OF THE BUILDING THAT FEATURES THOSE MOSAIC TILES.

AND SO WITH THAT STAFF DOES RECOMMEND THAT THE PLANNING COMMISSION MOVE TO ADOPT THE ATTACHED DRAFT RESOLUTION APPROVING THE DESIGN REVIEW APPLICATION Y 25 ZERO 99 FOR OCEANA I'M AVAILABLE FOR ANY QUESTIONS AND THE APPLICANT TEAM IS ALSO AVAILABLE TO MAKE A PRESENTATION AS WELL. THANK YOU SO MUCH. THAT WAS A GREAT PRESENTATION AND ARE THERE ANY QUESTIONS FOR STAFF COMMISSIONER STRONG YES THANK YOU FOR GREAT PRESENTATION. IT LOOKS LIKE A GREAT PROJECT RIGHT NOW BUT YOU HAVE THE COURTYARD WITH PERMIT PERMITS AND PAVERS. YEAH I CAN'T PRONOUNCE THESE THINGS THESE STATES. WHAT IS GOING TO HAPPEN THERE? MY UNDERSTANDING IS THAT THAT BACK AREA AND I'LL GO LET ME JUST PULL BACK TO THE SITE PLAN IS JUST GOING O BE USED BY STAFF FOR LOADING. THERE IS A LEAVE A CORRIDOR AREA THERE IN FRONT OF THAT AREA AND SO MY UNDERSTANDING IS THERE WILL BE NO OUTDOOR DINING OR ANYTHING LIKE THAT. OKAY. THERE THAT'S PRETTY MUCH MY QUESTION. SO IT'S JUST GOING TO BE BLANK THEN NOTHING'S GOING TO HAPPEN THERE. WELL, THANK YOU. YES. AND A QUICK QUESTION. THE PARKING THAT WAS THERE, HOW MUCH HOW MUCH ARE WE LOSING AND WHAT ARE THE THOUGHTS ABOUT THAT? SO THE PARKING THAT WAS THERE FROM WHAT I REMEMBER I BELIEVE IT WAS BETWEEN MAYBE 6 TO 7 STALLS DEPENDING ON HOW YOU KIND OF LOOK AT IT AND IF YOU YOU KNOW, VIEW ONE OF THOSE STALLS AS AN ACCEPTABLE SPACE OR NOT AND YOU FEEL COMFORTABLE MAYBE GETTING IN AND OUT OF THERE BUT THERE IS NO REPLACEMENT PARKING.

AND WHAT WAS YOUR OTHER QUESTION SO SO WE'LL LOSE THAT AND IS THERE A PLAN OR A CONCERN ABOUT LOSING THE PARKING OR SO BECAUSE THE PROJECT IS WITHIN HALF A MILE OF BART THERE IS NO REQUIRED PARKING PER STATE LAW SO THERE IS NO REQUIREMENT TO REPLACE THAT. OKAY. ANY OTHER YES I'D JUST CURIOSITY ON THE NORTH SIDE THERE THE VERY NARROW PLANTER IS DESCRIBED AS A BIO FILTRATION PLANTER GIVEN ITS NARROW PROFILE IT'S NOT GOING TO COLLECT A LOT OF RAIN. IS THERE SOME METHOD LOWERING RUNOFF WATER TO THAT PLANTER? IT'S ALSO 30IN HIGH SO NOT SURE HOW WATER GETS TO IT. I THINK I WILL LET THE APPLICANT SPEAK TO ARE YOU ASKING IF THEY'RE PLANNING ON ADDING ADDITIONAL IRRIGATION?

I'M JUST I'M JUST WONDERING IF THAT IS IN FACT, YOU KNOW, A A DESTINATION FOR RUNOFF WATER FROM SOMEWHERE AND I'LL WAIT FOR THE APPLICANT.

THAT'S FINE. THANK YOU. ANY OTHER QUESTIONS FOR STAFF? ONE QUICK QUESTION THAT I NOTICED THEY DID A PRETTY GOOD JOB TRYING TO FIND THE OBJECTIVE OBJECTIVE DESIGN STANDARDS BUT THE HEIGHT IT WAS SIMPLY BECAUSE THEY'RE CONSTRAINED BY THE EXISTING HEIGHT OF THE BUILDING RIGHT AS THEY'RE BUILDING THE SECOND FLOOR ADDITION IT WAS LIKE 12 VERSUS 18. CORRECT. THE THE HEIGHT FOR COMMERCIAL HE SAYS BECAUSE OF THE EXISTING BECAUSE OF THE WORK THAT'S WHAT'S CONSTRAINED IN BEING ABLE TO SATISFY THAT OBJECTIVE STANDARD. CORRECT. OKAY. ANY OTHER BEFORE BEAUTIFUL THANK YOU SO MUCH. THANK YOU. THE IS THE APPLICANT HERE?

O. YES. YES. OH SORRY. WOULD YOU LIKE TO COME UP AND MAKE A PRESENTATION? I THINK YOU HAVE, YES. THIS IS A LOT HARDER THAN BEING IN THE RESTAURANTS. IT'S EASY TO TALK NOW. I FEEL INTIMIDATED. CHIP, DO YOU WANT TO THAT OKAY, PERFECT. THANK YOU VERY MUCH FOR HAVING ME HERE. MY NAME IS MIKE GAVAN ALONG WITH DAVE AND ROLA. WE ARE THE THREE SIBLINGS INVOLVED IN THIS PROJECT AND I THANK YOU FOR THE OPPORTUNITY TO SPEAK IN FRONT OF YOU BEFORE OUR TEAM COMES UP TO INTRODUCE THE PROJECT.

I THOUGHT I WOULD SHARE WITH YOU OUR FAMILY HISTORY AND BACKGROUND TO GIVE CONTEXT TO THIS PROJECT AND ITS IMPORTANCE . OUR STORY BEGINS ON WALNUT CREEK HERE BACK IN THE EARLY 80S THIS IS WHERE A FAMILY TOOK ITS FIRST STEPS INTO THE RESTAURANT WORLD DRIVEN SIMPLY BY THE LOVE FOR GOOD FOOD, COMMUNITY AND HOSPITALITY IN A CITY WHERE WE BUILD OUR LIVES, RAISED OUR KIDS AND INVESTED IN OUR FUTURE, OUR FATHER FIRST GENERATION HOSPITALITY PROFESSIONALS, DEEPLY VALUED RELATIONSHIPS IN THIS CITY. MY SYMPATHIES ARE RIGHT AND I REPRESENT THE SECOND GENERATION OF THIS LEGACY. WALNUT CREEK HAS BEEN HOME TO OUR FAMILY STORY FOR FOUR DECADES. GIVE YOU A LITTLE HISTORY ABOUT THE RESTAURANTS THAT WE'VE BEEN INVOLVED IN. IT BEGAN IN THE EARLY 80S AT 1516 BONANZA OH FOUR THANK YOU. IT BEGAN IN THE EARLY 80S AT 1516 BONANZA STREET. I DON'T HAVE A PICTURE OF THAT HERE BUT THAT IS THE RESTAURANT MY PARENTS STARTED CALLED LA ULTIMA WAS A NEW MEXICO RESTAURANT. IT WAS THE OLD FIREHOUSE AND WHERE HAVANA RESIDES TODAY THAT WAS BACK IN THE 80S AT THE SAME TIME MY FATHER ALSO STARTED AT 1401 MY DIABLO WHICH IS THE CHICO BUILDING. BACK THEN HE HAD A FRENCH RESTAURANT CALLED LA FONTAINE AND THEN AFTER THAT HE HAD THE WALNUT CREEK HOFBRAUHAUS WHICH WAS THERE FOR ABOUT 20 YEARS. THESE WERE NOT RESTAURANTS. THESE WERE THESE WERE PLACES WHERE PEOPLE CAME TOGETHER, SHARED MEALS AND CREATED LASTING MEMORIES AS KIDS. THE THREE OF US GREW UP IN THAT WORLD BUSING TABLES, WASHING

DISHES, DOING WHATEVER NEEDED TO BE DONE. THE RESTAURANTS WERE KIND OF OUR PLAYGROUND AND OUR CLASSROOM. WE LEARNED A LOT. WE TOOK THAT VISION OF OUR FATHER IN THE 1990S. WE MOVED IT FORWARD AND WE OPENED UP AT 1548 BONANZA HUBCAPS DINER AND WE WERE THERE FOR ABOUT 27 YEARS IN WHICH BROADRICK WHAT IT IS TODAY. IF YOU LATE A FEW YEARS LATER AFTER TAKING HUBCAPS WE ENDED UP ACQUIRING MEL'S DINER ON MAIN STREET AND WE WERE THERE FOR 25 YEARS UNTIL WE TRANSFORMED IT. SO ONE OF OUR CONCEPT WHICH IS HARD BOYS RIGHT NOW IN LA AND LASTLY IN 2022 E INTRODUCED LEADER LADEN CARIBBEAN CONCEPT CHEF DRIVEN AND WE BROUGHT THAT TO TO FRUITION. IT WAS REALLY TOUGH. WE DID THAT DURING THE PANDEMIC AND THAT WAS NOT AN EASY PROJECT. BUT WHILE EACH OF THESE CONCEPTS HAVE THEIR OWN IDENTITY THEY ALL SHARE THE SAME FOUNDATION. WE BUILT A COMMITMENT TO HOSPITALITY QUALITY AND CONNECTION PEOPLE'S CONNECTION ALTHOUGH WE HAVE EATERIES THROUGHOUT NORTHERN CALIFORNIA, NEVADA AND INDIA ANNAPOLIS WALNUT CREEK HAS ALWAYS BEEN HOME TO OUR MOST CHERISHED BRANDS THROUGHOUT THESE DECADES WE'VE BEEN MORE THAN BUSINESS OWNERS AND PROPERTY OWNERS. WE ARE NEIGHBORS RESIDENTS WHO DEEPLY CARE ABOUT THE FABRIC OF THIS COMMUNITY AND I TRULY MEAN THAT UT OF ALL OF OUR RESTAURANTS THAT WE HAVE, THE ONES THAT WE CHERISH THE MOST ARE THE ONES IN THIS CITY AND THIS IS WHY WE CONTINUE TO WANT TO DO MORE HERE. THIS IS HOME WHEN 1555 BECAME AVAILABLE WE KNEW IT WAS OUR

CALLING ACCORDING TO THAT IT'S BEEN OUR HOME FOR 30 YEARS AN ICONIC LOCATION ONE THAT DESERVE PRESERVATION BUT BOY IT NEEDS A LOT OF WORK. IT'S TIRED THE POOR. THE PROPOSAL WE'RE INTRODUCING TO YOU GUYS TONIGHT IS ROOTED WITH RESPECT TO THE WALNUT CREEK CHARACTER. IT'S NOT A STAND ALONE DEVELOPMENT FOR US. IT'S A CONTINUATION OF OUR FAMILY LONG STANDING COMMITMENT TO THE DOWNTOWN CORE. WE APPROACH THIS DESIGN AND ELEMENTS WE APPROACH THIS DESIGNS ELEMENTS AND DETAILS WITH INTENTION.

WE VIEW 1555 AS A PIECE OF DOWNTOWN HISTORY THAT WILL SUPPORT LOCAL ACTIVITY ON OUR OLD MEMORIES CREATE NEW ONES AND CONTRIBUTE TO A THRIVING COMMUNITY.

WE BELIEVE THIS WILL BE A DEFINING PROJECT FOR US A CHANCE TO HONOR OUR ROOTS, INVEST IN OUR COMMUNITY AND CONTINUE THE LEGACY OF FAMILY BEGAN ALL THESE YEARS BACK. TAKING THIS PROJECT ON FEELS LIKE COMING FULL CIRCLE. WE'RE PROUD TO HAVE BEEN. WE'RE PROUD TO AVE CONTRIBUTED AND BEEN PART OF THIS EVOLUTION OF THE RESTAURANT LANDSCAPE IN WALNUT CREEK A VIBRANT COMMUNITY THAT HAS BECOME TODAY WE VALUE YOUR FEEDBACK.

WE APPRECIATE YOU GUYS TAKING A LOOK AT THIS PROJECT AND WE LOOK FORWARD TO DOING A HIGH STANDARD PROJECT THAT DESERVE THAT THIS COMMUNITY DESERVES. THANK YOU VERY MUCH. WE'LL TAKE ANY QUESTIONS THAT WE HAVE. THANK YOU. JUST ANYBODY HAVE ANY QUESTIONS FOR THE APPLICANT? THANK YOU. SPEECHLESS. THANK YOU. ARE THERE ANY UBLIC I DON'T SEE ANY BUT ARE THERE? OH YES. SORRY. NO PUBLIC COMMENT. OKAY. YOU GOT EXCITED YOU WERE MOVING .

I CAN ANSWER SOME MORE QUESTIONS. SO THESE ARE THE THIS IS OUR TEAM ARCHITECT RIGHT HERE FOR I'M GOOD EVENING BRANDON MARSHALL FOX STUDIO MIKE MIKE DIDN'T SHOW YOU THESE IMAGES BUT YEAH THESE ARE SOME OF THE RESTAURANTS DOWNTOWN IT'S VERY CLEAR THEY THEY'RE VERY PASSIONATE AND I THINK IT'S A SPECIAL SPECIAL BOND THEY HAVE WITH WITH THE CITY.

IT'S PRETTY UNIQUE. I WAS GOING TO GO REALLY QUICKLY OVER THE CHANGES. I DON'T KNOW IF THAT'S NECESSARY AND THESE WERE JUST RESPONSES. YES. PLEASE SEE. YES. AND IN SOME CASES WILL OVERLAP WITH A COUPLE OF QUESTIONS THAT WERE ASKED IF I CAN MAKE THIS SMALLER.

YOU KNOW, ONE OF THE QUESTIONS WAS MORE TECHNICAL HOW SO THE BUILDING IS GOING TO BE CLAD IN PART WITH A LASER CUT METAL SCRIM THAT'S GOING TO A KIND OF ADD SOME SOFTNESS AND SCALE TO BOTH THE LOCUST AND BONANZA SIDES BUT ALSO PROTECT THE THERE'S A LOT OF GLAZING THERE, PROTECT IT FROM THE SUN AND ALLOW POTENTIAL VINE CREEPERS TO ALSO SOFTEN THE SPECIFIC QUESTION WAS HOW WAS IT GOING TO GET ATTACHED BECAUSE IT IND OF BRIDGES OVER THE SOLID WALL AND THE CURTAIN WALL THE GLAZED WALL. SO REALLY THESE DETAILS WERE PROVIDED IN RESPONSE TO THAT.

ANOTHER QUESTION HAD TO DO WITH VISIBILITY OF THE ROOFTOP EQUIPMENT AND DUCTING AND I DON'T KNOW IF YOU CAN SEE THE CURSOR THE MAIN EQUIPMENT IS GOING TO BE AT THE KIND OF THE EASTERNMOST PORTION OF THE ADDITION AND THEN THERE'S EQUIPMENT THAT SERVES THE EXISTING BUILDING THAT'S ALREADY SHROUDED WITH A ROOF SHELL THE WAY THAT WE DESIGNED THE ADDITION THE ROOF SLOPES UP TO THE HIGH POINT WHERE THE EQUIPMENT WILL BE AND THE ROOF PLAN WE PROVIDED SHOWS THAT IT'S NOT GOING TO BE DUCTING WHICH WAS THE MAIN CONCERN OF THE THE DRC.

THE THE ONE OF THE OTHER CONCERNS WAS ALONG THE RESTROOM WALL WALKWAY AND THE ABILITY TO SEE INTO THOSE EXISTING WINDOWS AND BASICALLY SEE PEOPLE COMING IN AND OUT OF RESTROOMS. WHAT WE'RE PROPOSING IS A MIRRORED FILM THAT KIND OF HAS A GOLD TINT THAT WORKS WITHIN THE THE PALETTE OF THE F THE BUILDING MATERIALS AND THEN FINALLY THE I THINK THERE ARE JUST SOME NUTS AND BOLTS QUESTIONS ABOUT HOW THE FIGG WAS GOING TO GROW. IT'S GOING TO BE A LITTLE BIT OF A LABOR OF LOVE TO TRAIN IT AND MOLD IT BUT I THINK THEY'RE UP TO IT GIVEN THEIR EXPERIENCE WITH OTHER OF THE RESTAURANTS IN THE IN A SIMILAR APPROACH. SO ANYWAY THIS PLAN WAS SHOWING THOSE AREAS OF CONCERN. I JUST WANTED TO POINT OUT THE COUPLE OF QUESTIONS ON THE PLANTERS SO THESE PLANTERS HERE ARE IN FACT FILTRATION PLANTERS AND THEY'RE GOING TO HAVE A HARD LINE ROOF LITER THAT DUMPS WATER INTO THEM. SO THEY'RE THEY'RE ACTUALLY DOING WORK FOR US AND HAT'S HOW WE'RE GETTING WATER THERE. THE PERMEABLE PAVERS THAT WERE BROUGHT UP ARE ACTUALLY REDUCING OUR PERMEABILITY. IT'S IT'S BRINGING OUR NUMBER DOWN AND SO THAT THAT ALSO IS POTENTIALLY GOING TO ALLOW THE STAFF WHO ARE GOING TO BE ON THE SECOND FLOOR WHICH IS MOSTLY OFFICES FOR THEIR OPERATION, SOME OUTDOOR SPACE IN THE BACK THERE WAS A QUESTION ABOUT PARKING. ONE OF THE CHALLENGES WHEN WE CAME IN WAS GETTING THE SPACE IS SO CONSTRAINED IN THE BACK THAT IT DOESN'T FIT CITY STANDARDS FOR PARKING. SO THE FACT THAT IT WAS STRIPED DOESN'T NECESSARILY MEAN IT WAS PASSABLE AT LEAST LEGALLY. SO WE STRUGGLE WITH THAT AND THE PPROACH IS REALLY GOING TO BE THAT THIS IS ALL REALLY FOR SERVICE ACCESS TO THE KITCHEN AND THEN IN EMPLOYEE PEDESTRIAN ACCESS AND NOT FOR PUBLIC PARKING. AND SO YEAH I THINK THAT

COVERED THE HIGH LEVEL CHANGES OR RESPONSES THAT HAVE ANY OTHER QUESTIONS I CAN AND HAPPY TO ANSWER. ARE THERE ANY QUESTIONS FOR THE APPLICANT? I LIKE TO HEAR THAT YOU'RE DOING C THREE YEP WE DON'T HAVE CHOICE BUT IT WASN'T THERE BEFORE.

IT WASN'T THERE BEFORE AND THEREFORE I MEAN WE HAVEN'T REALLY DUG IN HERE BUT LIKE MIKE SAID THEY'RE TOUCHING EVERY CORNER OF THIS BUILDING. YEAH, E'RE REBUILDING THE ENTIRE REAR LOT AREA BECAUSE OF THE GRADING TO TRY AND GET ALL THE WATER TO DRAIN REALLY BECAUSE RIGHT NOW IN THAT BACK THIS IS GOING TO BE FILTRATION AS WELL. YEAH RIGHT NOW ALL THE WATER COLLECTS THERE AND THEY PUMP IT OUT UNDER THE BUILDING OR THE YOU KNOW THAT OUTDOOR DINING AREA TO THE STREET PROBLEMATIC SO I MEAN THIS IS GOING TO BE I MEAN 50 TO 75 YEAR BUILDING WHEN THEY'RE DONE WITH IT IT'S GOING TO BE BRAND NEW BUILDING WHICH IS KIND OF COOL.

YEAH. THANK YOU. OH YES. JUST ONE QUESTION AND MAYBE THIS IS MORE FOR YOU, MIKE, BUT THE IN TERMS OF THE DESIGN YOU TALKED ABOUT SORT OF PAYING HOMAGE TO THE TO THE HISTORY AND I WAS JUST WONDERING IF YOU WANTED TO TALK AT ALL ABOUT THE THE WAY THAT YOU DID THE COLORS AND THE THE THE TEXTURE AND WHETHER THAT'S PAYING HOMAGE TO THE YACHT CLUB IN SOME WAY, YOU KNOW?

YES. I MEAN THERE WAS A LOT OF CURVING AND I'M NOT REALLY DAVID I CERTAINLY YOU WANT TO YOU JUST COME TO THE MICROPHONE SO THAT ANYONE WATCHING ONLINE OR WATCHING LATER CAN HEAR YOU. THANK YOU. WHEN WE LOOKED AT THIS BUILDING INITIALLY IT'S IT'S VERY TIRED AND WE THOUGHT ABOUT SCRAPING IT AND STARTING OVER AND YOU KNOW, KEVIN ND I HAVE BEEN FRIENDS FOR 30 YEARS AND WE'VE HAD DISCUSSIONS ABOUT THIS AND PART OF THE REASON THAT WE DIDN'T DO THAT IS BECAUSE WE WANTED TO AY HOMAGE TO THE BUILDING AND THAT'S WHY WE DIDN'T TOUCH THE FACADE. WE KEPT IT THE SAME WAY AS IT IS AND WE ADDED ON TO IT BECAUSE WE FELT THAT THE ART CLUB WAS A VERY ICONIC BRAND AND IT REALLY HAD IT TOUCHED A LOT OF PEOPLE IN THE CITY AND WANTED TO PAY HOMAGE TO THAT AND THIS IS WHY WE KEPT IT IN ITS EXISTING CONDITION. OF COURSE WE HAVE TO CHANGE THE GLASS AND A LOT OF IT IS NOT REALLY COMPLIANT TO STANDARDS SO WE'RE DOING A LOT OF THAT BUT THAT WAS A REASON THAT WE KEPT THE WHOLE FACADE IS PAYING HOMAGE AND THERE MIGHT BE SOME STUFF WITHIN OUR MENU AS WELL THAT MIGHT BE TWEAKING A LITTLE BIT OF THAT AS WELL. SO SO IT WILL BE AND IT'LL BE EXCITING.

THANK YOU. THANK YOU. ANYBODY ELSE? WELL THANK YOU SO MUCH. I MEAN A CLOSE PUBLIC COMMENT I TAKE IT BACK TO THE COMMISSION FOR ANY DISCUSSIONS A MOTION OR I'LL START OUT I WON'T MAKE A MOTION BUT I'LL AY IT'S A IT LOOKS LIKE A GREAT PROJECT. ANY OTHER COMMENTS?

COMMISSIONER MORAN YEAH, I SECOND THAT. I UST WANTED TO SAY THAT I THINK THAT I SPEAK FOR MY FELLOW COMMISSIONERS THAT WE APPRECIATE THE TIME, THE CARE AND THE EFFORT THAT SEEMS TO HAVE GONE IN BECAUSE THE YACHT CLUB WAS AN ICONIC PIECE OF DOWNTOWN WALNUT CREEK FOR MANY YEARS. I MYSELF I HAD MY WEDDING RECEPTION DINNER THERE IN THE PATIO. SO IT'S FUN. IT'S YEAH, RIGHT.

I WAS THAT AS YOU KNOW SO BUT I JUST WANTED TO SAY THANK YOU TO THE FAMILY BECAUSE I, I KNOW THAT YOU GUYS ARE MAYBE AN UNDERAPPRECIATED ANCHOR OF WHAT MAKES THE DOWNTOWN AREA SPECIAL AND VIBRANT AND PLEASE KEEP UP THE GOOD WORK AND I CAN'T WAIT TO SEE THE END RESULT.

THANK YOU, COMMISSIONER COUNT I THINK YOU WANT TO SAY SOMETHING. YEAH. I JUST WANTED TO SAY THIS THIS IS SUCH A GREAT EXAMPLE OF WHEN YOU HAVE PEOPLE WHO REALLY CARE WHO LIVE HERE WHO ARE PART OF THE COMMUNITY AND BUILD SOMETHING THAT IS BEAUTIFUL IS JUST THE DESIGN IS GORGEOUS AND I THINK IT WILL BE AN ICONIC PART OF WALNUT CREEK FOR YEARS TO COME. SO I'D LIKE TO GO AHEAD AND MAKE THE MOTION.

AND THE THIRD OTHER THING I THINK I'LL GO AHEAD I WANT TO SAY ONE THING I STILL MISS HUBCAPS IF I MISSED IT WHAT DO YOU THINK YOU MISS HUBCAP AND THEN SUPER SUPER QUICK I I'M I'M I CAN'T WAIT TO SEE THIS BUILDING BECAUSE IT'S INTERESTING BECAUSE YOU'RE RIGHT IN FRONT OF BRODERICK AND LITA. I'M CURIOUS TO SEE HOW THOSE ARCHITECTURAL ELEMENTS ARE GOING TO PULL THAT IN TO WHAT THAT IS BECAUSE IT IT LOOKS VERY DIFFERENT BUT THE THE IS BEAUTIFUL SO OKAY, I APOLOGIZE.

ONE MORE COMMENT. NOSTALGIA IS I USED TO GO WITH ERICKSON CAFE BARBARA BEFORE YACHT CLUB. OH SO IT WAS AROUND RIGHT. OKAY SO WE'RE EXPECTING SOME VERY GOOD MEMORIES THERE. YES. OKAY. ALL RIGHT. ON THAT NOTE, I MOVE TO ADOPT THE RESOLUTION APPROVING DESIGN REVIEW APPLICATION NUMBER Y25-0994 OCEANA ORDERING THE BUILDING MODIFICATIONS TO THE BUILDING AT 1555 BONANZA STREET SUBJECT TO THE CONDITIONS CONTAINED THEREIN.

SECOND GRANT ROLL CALL VOTE YES COMMISSIONER COUNT YES. COMMISSIONER ANDERSON YES. COMMISSIONER MORIN YES. COMMISSIONER STRONG MAN YES. COMMISSIONER CLARK YES. VICE CHAIR CLUB YES. AND CHAIR KNEADING YES. MOTION CARRIES SEVEN ZERO AND I'D LIKE THAT TILE IN MY BATHROOM AS YES WELL THANK YOU . SO NOW ON TO ANY COMMISSIONER CONSIDERATIONS OR STAFF REPORTS OR ANNOUNCEMENTS.

CHIP, YOU GOT SOMETHING GOOD FOR US?

I THINK I MISSED THAT. I THINK I MENTIONED AT OUR LAST MEETING THAT THE PLANNING COMMISSION AGENDAS ARE NOT PACKED BUT THEY HAVE ITEMS ON THEM THROUGH THROUGH THE FIRST MEETING IN MAY AND I SUSPECT THE SECOND MEETING IN MAY WILL BE THE SAME. OKAY, THOSE BUSY SO WE'RE GOING TO WE'RE GOING TO MAKE OURSELVES WORTHY. OH YES. OH JUST JUST WANTED TO SHARE WITH THE TEAM THANK YOU FOR HANDLING LAST MEETING WITHOUT ME BECAUSE I WAS AWAY AT THE PLANNING COMMISSIONERS ACADEMY WHICH WAS FANTASTIC. I HIGHLY RECOMMEND CHECKING OUT ANY OF THE RESOURCES IF YOU HAVEN'T ALREADY. I WAS ABLE TO COMPLETE MY REQUIRED ETHICS TRAINING WHILE I WAS THERE FOR AB 24 BUT ALSO HAVING ACCESS TO THE AND ALL OF THIS IS AVAILABLE TO ALL OF YOU ONLINE THOSE OF YOU HAVE BEEN AROUND IT ALREADY KNOW THAT BUT THE INSTITUTE FOR LOCAL GOVERNMENT PLANNING COMMISSIONER HANDBOOK VERY HANDY RESOURCE. THERE'S ALSO WORKSHOPS ON PLANNING RESILIENCY AFTER WHITE WILDFIRES CALIFORNIA HOUSING LAW UPDATES ARE ONE OF THE THINGS THEY TALKED ABOUT IS THE RELATIONSHIP BETWEEN THE PLANNING COMMISSION, THE CITY COUNCIL AND THE CITY STAFF AND I HAVE TO SAY AND HEARING FROM OTHER CITIES AROUND THE STATE AND HOW SOME OF THEM ARE ENGAGED IN MANY CHALLENGES IN THAT AREA. I'M VERY, VERY APPRECIATIVE OF OUR CITY STAFF AND OUR CITY COUNCIL FOR THE KIND OF STRONG RELATIONSHIPS AND A VERY EFFECTIVE COMMUNICATION THAT WE HAVE AND THE KIND OF SUPPORT THAT WE'RE GIVEN AS COMMISSIONERS. SO I WANTED TO THANK YOU FOR THAT AND YEAH, THAT'S IT. THANK YOU. ANYTHING WITH SIGNS OR TRANSPORTATION?

NO. OKAY THEN WE WILL ADJOURN AT 827. THANK YOU SO MUCH. YOU OKA