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Commissioner Pearce noted that it could also be just as easily argued that there is a factor being used in getting any kind of consultant's opinion. She indicated that she has never heard an applicant return and say that he or she was relying on the study and expected the City to agree with it. Mr. Dolan agreed that there is a factor involved and that there may be circumstances where other things come in:o play as well. He noted, for example, that if there were four studies done, three of the studies could say one thing and the fourth say another thing; additionally, there are other professional opinions. He indicated that in this case, the City asked one reputable firm for its conclusion and got it, and staff's recommendation is consistent with that contusion. Commissioner O'Connor stated that he thinks the City does rely on tree studies unless a tree is in good health and it is very clear that it can be saved. He added, however, that when a tree is studied and is found to be diseased and will die within a year, he thinks the City would take this as an expert opinion. He acknowledged that a developer would generally expect staff to support a consultant's conclusions; however, this does not guarantee anything because the Commission or City Council could overrule that conclusion due to extenuating circumstances. Mr. Dolan stated that he thinks this is a reasonable expectation on the developer's part because the City would riot otherwise ask for an exper: opinion. THE PUBLIC HEARING WAS OPENED. Paul Martin, representing the applicant, stated that representatives from the project's architectural firm as well as the project's landscape architect could answer questions the Commission may have regard mg the proposal. Chair Narum requested the landscape architect to respond to the earlier question regarding the location of Trees #67 and #68. Terry Camp, Camp & Camp Associates, stated that both trees are located off the property on the other side of the property line. Bonnie Krichbaum, 44-year Pleasanton resident and Vice President of the Pleasanton Heritage Association (PHA;, referring to Commissioner O'Connor's statement regarding relying on experts' opinions, stated that on page 1 of the Downtown Specific Plan (DTSP), it states that the Specific Plan is intendec to serve as the primary regulatory guide for preserving and er hancing the 308-acre Downtown area. She added that the DTSP continues that under California law, once a specific plan is adopted, as the City's was after 35 committee 65 subcommittee meetings, and three town meetings, no rezoning, subdivision, or use permit for construction within the Plan Area can be done unless it is in substantial conformance with the Specific Plan. She indicated that while there are many items in this proposed project on Stanley Boulevard that need a tremendous amount of re-direction, the demolition of the house is unnecessary because EXCERPT: PLANNING COMMISSION MINUTES, February 9, 2011 Page 3 of 18