Sufism Reoriented submitted two applications in 2008 for a sanctuary project proposed for the Walnut Creek area. A minor subdivision application was submitted to merge seven parcels into one parcel, and a land use permit application was submitted to allow for a 66,000 square foot sanctuary building on 3.12 acres in unincorporated Walnut Creek. Approximately 46,074 square feet of the building would be located below ground. In addition, the proposal includes a request for parking reduction based on a Transportation Demand Management Program (TDMP), removal of 58 trees, excavation and removal of approximately 40,000 cubic yards of soil and demolition of three existing single- family residences.   
  
Before staff deemed both applications complete, approximately 3,000 letters were received by the Department of Conservation and Development. On March 29, 2011, the Draft Environmental Impact Report (Draft EIR) was distributed to the public, and approximately 62 letters were received and responded to in the Final EIR. More than 30 letters were submitted to the County Planning Commission. Four public hearings were held by the County Planning Commission on the applications. Approximately 435 speaker cards were received, and 150 speakers testified. On November 8, 2011, the County Planning Commission approved the project with modifications to the conditions of approval.   
  
Eleven appeals were filed on that approval, including an appeal by the project applicant. The project applicant has informed the Department that 400 supporters of the project will attend the Board of Supervisors hearing. As such, attendance may exceed 500.   
  
Because of the number of appeals and the large number of people expected to be present and testify, it is necessary to hold the public hearing on the proposal at a location other than the Board of Supervisors’ chambers in Martinez. Staff also believes it is appropriate to adopt Special Rules of Procedure for this public hearing. The Board of Supervisors previously adopted general rules of procedure that apply to all Board of Supervisors meetings. (Resolution No. 2009/12.) The special rules contained in this Board Order are intended to serve in place of Procedural Rule 12 pertaining to public hearings for planning and zoning matters. Staff believes that these special rules will provide for a more orderly public hearing process on the Sufism Reoriented sanctuary project and will give the Board of Supervisors a better opportunity to hear from members of the public who would like to participate within the time that has been set aside for the hearing of this matter.   
  
These Special Rules of Procedure are intended to be a guideline for the Board of Supervisors, but may be altered by the Board or the Chair of the Board during the course of the hearing as the Board or the Board Chair may deem appropriate. These Special Rules of Procedure are procedural only. The failure to strictly observe application of the Special Rules of Procedure shall not affect the jurisdiction of the Board or invalidate any action taken at this meeting.  
  
Attached is a copy of Rule 11 and 12 of the Board’s General Rules of Procedure pertaining to the conduct of meetings. Rule 11, and all other applicable matters contained in Resolution 2009/12, will apply to the conduct of this hearing.  
  
TIME AND LOCATION.  
  
The public hearing will begin at 9:00 a.m. on Tuesday, February 21, 2012 and end at 4:00 p.m., unless determined otherwise by a majority of the Board.   
  
The public hearing will be held at the Lesher Center for the Arts, Hoffmann Theater, located at 1601 Civic Drive, Walnut Creek. A parking garage is located between Locust Street and California Boulevard.  
  
RULES OF PROCEDURE. In addition to the Board’s general procedural rules, the following Special Rules of Procedure will apply at the public hearing:  
  
A. ORDER OF PRESENTATION.  
  
1. Open the Public Hearing. The Chair will open the public hearing.  
  
2. Presentation by Staff. Staff may make a presentation of relevant issues and information at the beginning of the hearing.   
  
3. Documents. The Clerk of the Board of Supervisors will provide Community Development staff with copies of any documents that are not included in a staff report to the Board and that are filed with the Clerk at times other than during the hearing. As part of its presentation, Community Development staff will acknowledge the placement of these documents into the record of the hearing.  
  
4. Appellants’ Presentations. Each appellant other than the project applicant may make a presentation. Each appellant’s presentation shall not exceed five minutes.  
  
5. Project Applicant’s Presentation. The project applicant may make a presentation. The project applicant’s presentation shall not exceed thirty minutes.  
  
6. Public Testimony. Each speaker will be allowed one opportunity to provide public comment, which will not exceed two minutes.   
  
7. Appellants’ Rebuttals. Each appellant other than the project applicant may make a rebuttal. Each appellant’s rebuttal shall not exceed three minutes.  
  
8. Project Applicant’s Rebuttal. The project applicant may make a rebuttal. The project applicant’s rebuttal shall not exceed thirty minutes.   
  
9. Closing Comments by Staff. Staff may make comments to the Board prior to the close of the hearing.  
  
10. Close the Public Hearing. The Chair will close the public hearing.  
  
11. Board Discussion and Decision. No further evidence from the public (including the applicant and the appellants), either oral or in writing, will be admitted into the record after the public hearing is closed or during the Board’s deliberation of the matter.  
  
B. CONDUCT OF HEARING.  
  
1. Seating. The Conservation and Development Department will reserve 40 seats at the front of the Hoffmann Theater for the appellants and the project applicants (20 for the appellants and 20 for the applicant).  
  
2. Call of Speakers. The Chair will call between 10 and 20 names at one time from the speaker cards. When names are called, those speakers will queue along the side aisles to await their turn to speak. Conservation and Development staff will be available to assist the speakers as needed.   
  
3. Rules of Evidence. The hearing will not be conducted according to technical judicial rules of evidence. Any relevant evidence may be considered if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The Chair may make such rulings as may be necessary for the orderly conduct of the proceedings and a full airing of the issues involved.   
  
C. Correspondence Received.  
  
Robert C. Nuzum (appellant) has requested that the Board consider ten separate hearings for each appeal filed. Attached is a copy of the email. The item before the Board is one project; the decision on this application cannot be segmented into 10 distinct hearings and decisions.   
  
  

Without special rules, the hearing may not proceed as smoothly, and may result in an inefficient use of the time set aside for the hearing. As a consequence, the Board of Supervisors might not be able to hear from as many people or have as a clear record of the hearing as it could with the Special Rules of Procedure in place.

Speakers:  Robert Nuzum, resident of Walnut Creek (appellant); Richard Galton, Saranap Homeowners Association (appellant); Stuart Flashman, Saranap Homeowners Association (appellant); Patricia Perry, resident of Lafayette (appellant); Marie Cooper, Perkins Coie, legal representation for applicant.

11. Board Discussion and Decision. No further evidence from the public (including the applicant and the appellants) either oral or in writing, will be admitted into the record after the public hearing is closed or during the Board's deliberation of the matter except that information provided in response to an inquiry from a Supervisor shall be admitted into the record.