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the Code and ordinances provide will give the City the protection it needs with regard to health r and safety issues. In response to an inquiry from Commissioner Kameny, it was noted that the southern portion of Valley A venue is currently under construction and is not dependent on the development of the office buildings. Chairperson Maas asked what the City will look forward to viewing on this site until the buildings are constructed. Mr. Rosenbaum advised that they have an agreement with the City that the Bernal frontage will be landscaped and the sidewalk will be installed. He noted that they intend to smooth out the dirt, and that they will keep the weeds knocked down. Chairperson Maas stated that she is concerned for the residents and the impacts on them created by the dust and mud on the site. Chairperson Maas questioned whether the applicant would agree to coming back in five years to reevaluate the application. Mr. Rosenbaum advised that he would be concerned that there is the possibility that there would be different Commissioners who may have different ideas about the design of the building. Doug Davis, 115 Atlantic A venue, Alameda, the project architect, advised that Greg Plucker had wanted the project to go through the City's LEED approval process, as there were not the resources at that time to go through the U.S. Green Building Council. r- Discussion ensued regarding the maintenance of the site and the potential to hydro seed or provide erosion control measures. Mr. Grubstick noted that there is the possibility of having wildflower seeds in the hydro seed. Chairperson Maas suggested that creative options be explored that would improve the appearance of the site, including the possibility of sub-leasing the site for sport fields. Mr. Rosenbaum indicated that his company was not interested in sub- leasing for sports uses because they want to be able to build immediately when tenants signed leases. Discussion ensued regarding the measures that could be used to comply with the Regional Water Quality Control Board. Mr. Rosenbaum noted that they would be amenable to these measures. THE PUBLIC HEARING WAS CLOSED Commissioner Sullivan questioned why the provisions of the Green Building Ordinance were not included in the proposed draft conditions of approval, like the requirements of the waste generation disposal and diversion plan. Ms. Kline advised that as approved, this project would achieve a certification level that staff feels complies with the City's proposed Green Building Ordinance. She further advised that if additional provisions are added to the Ordinance, the applicant would be required to include these provisions once the Ordinance is adopted. ,-- Chairperson Maas stated that she understands the position of the applicant and she doesn't have a problem with the ten-year time limit. She advised that she likes the phasing of the construction, but she is concerned about what the community will be looking at on the site until the project is built. She noted that she feels the design that has been approved will stand the test of time. PLANNING COMMISSION MINUTES February 27, 2002 Page 10