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Commissioner Sullivan asked if Mr. Reyes was familiaz with the Alameda County Waste Management Authority Green Building Green Points rating system and if he knew how many points this project would be on the Green Point System. Mr. Reyes replied he was familiar with both programs, but he would have to review the system. Ms. Kline stated she would work with the applicant regarding the green point rating system; Mr. Reyes agreed to work with staff. Rudy Cortez, 288 Ray Street, asked if there were any questions from the Commissioners. He advised that the neighbors are in support of this project. He also noted that he was not interested in changing his property to commercial property. THE PUBLIC HEARING WAS CLOSED. Commissioner Maas moved to approve PDR-379 as conditioned in the staff report, with the additional conditions that prior to the issuance of building permits: (1) the applicant pay the appraised value of all trees to be removed to the City's Urban Forestry Fund; (2) the applicant work with City staff to develop a list of all green building measures to be used in the design of the new apartment structures, to include a minimum of 50 points using the Alameda County Waste Management Authority's Green Points rating system with a minimum of 10 points in each category; the final list subject to the review and approval of the Planning Director; and (3) the eastern and western building elevations of the rear ,.- two-unit apartment building be modified to visually reduce the building massing of the two building elevations through effective measures such as the installation of trellises with climbing vines or larger/additional windows; final building elevation plans subject to the review and approval of the Planning Director. Commissioner Sullivan seconded the motion. ROLL CALL VOTE AYES: Commissioners Arkin, Kameny, Maas, Roberts, and Sullivan. NOES: None. ABSTAIN: None. ABSENT: None. RECUSED: None. Resolution No. PC-2004-52 was entered and adopted as motioned. MATTERS INITIATED BY COMMISSION MEMBERS Commissioner Maas presented a disclosure she received when she visited the KB Homes sales office before construction of the Bernal Corners project. Discussion ensued regazding discrepancies of the dates on these disclosures and when they were given to potential homebuyers of the project. The understanding was that some of the buyers of these homes did not receive the disclosure until they were ready to close on the homes and that different versions of the disclosures were given to some of the homebuyers, with varying dates and information on the hours of operation of the Bernal Corners business. PLANNING COMMISSION MINUTES August 11, 2004 Page 10 of 11