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ATTACHMENT 3 DRAFT PRZ -48, City of Pleasanton Application for rezoning on three sites in Hacienda Business Park from the PUD -I /C -O (Planned Unit Development Industrial Commercial Office) District to PUD -MU (Planned Unit Development Mixed Use) District; and to change the Hacienda land use designation from Mixed Office, Research and Development/Light Manufacturing Planning District (MOIPD) to Mixed Commercial, Office, Research and Development/Light Manufacturing Residential District (MCOIRPD). The three sites are: (1) The W.P. Carey site (Hacienda Site 7G), at the southeast corner of Owens Drive and Willow Road (Assessor's Parcel No. 941 2778 013 -00 and part of APN 941 2778 012 -00), approximately 11 acres; (2) The BRE site (Hacienda Site 7E), at the north corner of Hacienda Drive and Gibraltar Drive (APN 941 2778 011 -00), approximately 8.2 acres; and (3) The Roche Molecular Systems site (a portion of Hacienda Site 6), south of Gibraltar Drive between Willow Road and Hacienda Drive (a portion of APN 941 2761 003 -00), about 12.4 acres (of the approximate 33.4 -acre Roche site). Rezoning of the above sites would potentially allow the future development of up to approximately 1,030 residential units, although future residential development would be deferred until the preparation and adoption of a Major Modification to the Hacienda PUD rezoning. Also consider the Negative Declaration prepared for the project. Janice Stern presented the staff report and described the background, the sites proposed for rezoning, and the key elements of the application. Commissioner Olson referred to a slide that referenced "good cause to proceed earlier" on the rezonings. He inquired if the reason for good cause was due to pending litigation. Mr. Roush said no. He stated that the property owners have expressed a willingness to participate fully in the PUD modification process which may take more than a year. He added that staff anticipates the PUD modification process will be complete before development on the three sites moves ahead. He noted, however, that if the PUD modification stalls, there should be an opportunity for property owners to demonstrate good cause to proceed ahead of the PUD adoption. Commissioner Blank noted that one of the PowerPoint slides stated that the rezoning is moving ahead of the PUD process because of pending litigation. He inquired what the nexus was between the rezonings and the litigation. Mr. Roush replied that one of the causes of action in the pending litigation is the fact that the City has not implemented Program 19.1 of the Housing Element, which provides that the City will do the land use studies and then rezone sufficient property to accommodate its regional housing need for the 1999 -2009 planning period. He noted that the City acknowledged that it is in the process of doing this but needs to complete the General Plan first. He added that the General Plan has now been completed, and DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 9/23/2009 Page 1 of 18