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l\.I1:r. Iserson ad-vised that staff expected the results to be achieved by the end of November. St:affvv-ould be able to take those results,.. add the numbers from California Splash,.. and present: the nevv results for the staff report_ He noted t:hat "VVould not happen before the model vvas revie"V'Ved by the Commission and Ccn.:an.cil,.. and then adopted. He noted that the model vvas flavved in. that it addressed vveekday traffic,.. bu-t: did not address vv-eekend traffic. He noted that Califomia Splash"'s peak operation days occurred during the vveekend. He no"ted that vvith respec"t to the negative declara"tion,.. the City vvas the responsible agency". and the East Bay Regional Park District VV"as the lead agency_ He added that the negative declaration had already been certified,.. and that the Ci"ty mus"t be careful vvith respect to any statements that traffic VV"as mitigated. In response to an inquiry by Commissioner Sullivan" lV1s. Nerland advised tha"t the Plarming Commission vvould not approve "the negative declaration,.. and that as the lead agency,.. the Park District "V'Vould appro-ve it. The Commission vvould need to find that "the negative declaration "V'Vas adequate to make a determination on the use permit and design re-vievv. In response to an inquiry by Chairperson Arkin" l\.I1:s. Nerland confirmed that the Commission mu-st find that the negative declaration VV"as adequate for ma.k:.ing a determination on the u.se permit and design re-vievv-. The Commission may disappro-ve the project on the grounds that. the project had been changed in su-ch a VV"ay that it vvas not analyzed in the negative declaration. I\Ilr. Iserson noted that the Commission may disapprove the project because of noise,.. aesthetics" a.n.d inappropriate location. He added that the Commission had a fair a.rn.ount of discre"tion. in this determination. :rvls. Nerland added that the Commission may look a"t the use permit findings in the staff report as vvell. Commissioner Fox requested that staff address liability issu.es VV"ith respect to Califomia Splash,.. and recalled Con.cord'" s initiation of a PatrOrL ResporLsibility ~ct after litigation rollovv1ng the collapse at its "V'Vater park. lVI"s_ "N"erlan.d adv-ised that because the City did nc.t 0"V\.i'TJ. the property" the Park:. I:::>istrict vvou.ld carry the liability. Commissioner Maas noted that she ~as recently out of tovvn and had rented a nice condominium VV"hile there. She vvou.ld like to see similar housing for empty-nesters in. Pleasanton,. perhaps across from Golden Eagle. Chairpersc.n .A.rk.in agreed "V'Vith the need Lor market rate adu-lt hou.sing in Pleasan.tc.rl.. Commissic.rl.er Sulli-va.rl. requested a staff report on the Cha.rn.ber c.f Commerce meetin.gbabout green building be agendized for a future meeting. PLANNING COl'Vll'VlISSION l'VlINUTES November 12,2003 Page 16