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of the Berlogar property, Ms. Decker confirmed that it was the same process. She noted that it was part of the modification and that staff had brought it forward to the Planning Commission as an approval by the Zoning Administrator rather than for each individual home. There would be an extended appeal period of 20 days as well as a pre-review by the Architectural Board, Gorney and Associates in this case. The Planning Commission would be notified of the submission of the application to the City and the result of the Zoning Administrator’s action, and if approved, plans would be provided to the Commission. In response to an inquiry by Chairperson Fox regarding whether the approval may be brought before the Planning Commission, Ms. Decker confirmed that would be the case. She added that the retaining walls would be graded depending upon their location; backbone infrastructure for the entire development would be put in when the streets went in. The common area landscaping would be placed prior to acceptance of those improvements. She added that Mr. Brozosky had submitted comments and recommendations with respect to the landscaping timing and that the Planning Commission may alter the timing dependent upon those recommendations. She noted that typically, landscaping was accepted at the same time as the improvements but that the time frame may vary. In response to an inquiry by Chairperson Fox regarding whether the Planning Commission had received revised visuals for the custom homes, Ms. Decker replied that revised visuals for the custom homes were not provided to the Commission as they were not required. THE PUBLIC HEARING WAS OPENED. James Happ, applicant, wished to comment on the denial of the tentative tract application by the Planning Commission prior to its approval by City Council. He believed that the agenda had been manipulated somewhat and that the item was continued for two consecutive meeting to a third meeting in which only three Commissioners were present to vote. He noted that the project received a 2-1 vote and felt that the vote would have been different had all of the Commissioners been present. Chairperson Fox noticed from the Minutes received from staff that it appeared a quorum could not be reached for several meetings because of Commissioners Kameny’s and Roberts’s proximity to the location. Therefore, it appeared that Commissioners Kameny and Roberts abstained from the tentative map consideration. She added that Commissioners Arkin and Sullivan voted “aye” and that Commissioner Maas voted “no.” Joseph Gorney, Gorney and Associates, project architect, wished to address the design guideline process and added that he had authored the guidelines for both the Austin and Berlogar properties. He noted that the applicants intended to provide a higher level of quality than production homes and wanted to bring the level of detail in consideration of the smaller lot sizes. He noted that he had helped the City of Walnut Creek author its Oversize House Ordinance, which was integrated into this project. He noted that they PLANNING COMMISSION MINUTES July 11, 2007 Page 7 of 27