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,.-- Chairperson Sullivan moved: (1) to allow the close of escrow on the buildings and allow the tenant improvements; (2) that Panattoni Development shall be required to provide a letter of credit in the amount of $150,000; (3) that the applicant shall be required to work with the City through the energy strategy process and try to develop a program that can be put in place to maximize the Kwh output of the solar pv systems on these buildings utilizing State and Federal funds, as well as any outside investors to maximize the system, with a goal of a 25 Kwh system per building; (4) that the applicant work with the City as the City tries to develop energy strategies; (5) that at the end of the one-year period an acceptable program shall be developed or the letter of credit shall be forfeited; and (6) that an additional year shall be allowed to have the system installed. Commissioner Arkin asked if concessions were made with regard to requiring the buildings to meet green building standards because the commitments to provide the pv systems. Discussion ensued regarding implementing LEED building standards at the time of tenant improvements. Chairperson Sullivan amended his motion to include the requirement that staff shall work with the tenants to voluntary incorporate as many LEED standards as possible. Commissioner Arkin seconded the amendment to the motion. PUBLIC HEARING WAS REOPENED r- Tom McKinnon, 5729 Sonoma Drive, Suite H, stated that he is purchasing one of the buildings. He questioned whether he would be prevented from selling the building because of the deed restriction. Mr. Roush advised that the deed restriction would be recorded against the property and once the panels were installed the recorded instrument could be taken off the deed. Additional information was provided to Mr. McKinnon regarding the LEED standards that could be completed in conjunction with the tenant improvements. Mr. Pulino asked if the review with the Planning staff will impact the timelines for obtaining building permits. Mr. Pavan advised that it may add some time to the process. THE PUBLIC HEARING WAS CLOSED Commissioner Sullivan stated his intention with the motion would be that the review of the LEED standards for tenant improvements shall not impact the tentative improvement schedule. ROLL CALL VOTE AYES: NOES: ABSENT: ABSTAIN: Commissioners Arkin, Kameny, Maas, Roberts, and Sullivan None None None Resolution No. PC-2001-28 was entered and adopted as motioned. r- PLANNING COMMISSION MINUTES May 23, 2001 Page 16