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noted that the property was later sold to Mr. Yoon, and he discussed having a restaurant with offices on the second floor. He continued that the structure then evolved into a one-story building and was a beautiful site. Mr. Wood stated that he met with staff on numerous occasions to receive input, and they were more involved in this process than in 1988 primarily because there are more legal and growth issues. He noted that Mr. Yoon is very well-established with additional businesses, and he felt strongly about his plans for the restaurant.He noted that Jim Diggins was present to answer questions about grading or drainage, Brian Killian was present about any landscape questions, and Attorney Allan Moore was present to address any legal questions. Mr. Wood then described the 6,000-square-foot restaurant and bar, with a total seating of 150, stating that Mr. Yoon purchased the property in the rear to maintain fire department regulations and have the ability for parking. He described the architecture as revised from 1988; with a design that could be compatible for present and future uses. He indicated that he worked on the Bing Crosby’s and McCovey’s Restaurants and felt that this business would be a success. He added that they agreed with staff’s recommendations and conditions of approval. Commissioner Blank referred to the sprinklers and to the trees and landscaping on Sheet L-1, which looks like a huge row of trees across the front. Mr. Wood explained that they actually put trees on the rendering as an overlay in 1988, and staff asked them to leave them out. He confirmed that the trees on the landscape plan were those intended to be used. Allan C. Moore, Attorney, Gagen McCoy in Danville, stated that he has been a Planning Commissioner for Walnut Creek for 11 years and a land use attorney for 30 years. He indicated that he is sensitive to land use issues and felt the project was unique. He noted that the project is away from any ridgeline or hillside and that the slope was 10 percent and piled up to 25 percent at a corner by Caltrans in the mid-1970’s. Mr. Moore stated that they are satisfied with the staff report’s determination that the project, as conditioned, would be consistent with the General Plan. He stated that he would not want to rely on the exemption as he felt it was a narrow holding and refers to housing developments, whereas this is a commercial use. He indicated that they worked long and hard when Measures PP and QQ were passed and acknowledged the Council’s review on a case-by-case basis. He stated that he feels this project is clearly not is a gray area nor a part of Measures PP and QQ, and that he is willing to work with the City in any way. THE PUBLIC HEARING WAS CLOSED. PLANNING COMMISSION MINUTES, March 11, 2009 Page 6 of 9