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<br />r <br /> <br />some use of the trail for the public, but she doesn't feel it needs to be open all of the time. She <br />suggested that the trail be open and closed at certain times or that trail users check in with <br />security. She commented that the lake is an attractive nuisance and that she does not believe the <br />City or the applicant wants to have children on bicycles riding in this area. She commented that <br />the north trail by the Sycamore Creek is an easement and she feels the applicant is doing a good <br />job of preserving and enhancing that area. She noted that the project is offering many good <br />things, including a TSM program, taking over the maintenance of the Caltrans landscaping, and <br />the LEED program certification. She stated the color of the building does need to be lighter for <br />reflectivity, and this location is different than that of structures on the ridge. <br /> <br />,r' <br /> <br />Commissioner Arkin stated that he believes this is an unfortunate situation. He noted that he <br />understands how the neighbors believed that they were getting one thing, and in reality they are <br />getting something else. He commented that he would hope from the City's perspective that in <br />the future these issues are made clearer. He advised that he thinks he would have more of a <br />problem with the perceived versus the real height of the buildings if they were really close to the <br />neighbors, but the setback is so far he does not feel there is enough of a difference to not approve <br />the project. He noted that the additional 2-1/2 foot increase is pretty much not detectable from <br />Sunol Boulevard. He stated that because the applicant has requested a PUD modification he <br />feels they are asking the community to give up something that was part of the PUD and the trail <br />is a worthy fair exchange for the modification. He stated that he has a hard time with both the <br />liability and security issue. He noted that with regard to the liability issue, there are no fences <br />around the buildings in the Hacienda Business Park. He stated that while there be an additional <br />perceived risk with the lake, he feels it can be dealt with, and he wants to see a public trail there. <br />He commented that he feels the argument regarding the security issues is very week, as he is <br />certain they will have security access to all of the buildings. <br /> <br />Commissioner Arkin stated that he would like to see more teeth in the condition concerning the <br />installation of photovoltaic panels, by setting a guideline with perhaps a five- to ten-year range in <br />which the payback is reached that the panels will then need to be installed. Commissioner <br />Kameny agreed that there should be some teeth in this condition, but suggested that the staff <br />work with the applicant to set the guideline. Discussion ensued regarding this issue. <br /> <br />Commissioner Sullivan suggested that the project be conditioned requiring the applicant to <br />become part of the City's Energy Advisory Group and participate in meetings on an active basis <br />and explore methods to make the installation of the panels happen. <br /> <br />Commissioner Harvey stated that he agrees with the comments regarding the process breaking <br />down and he hopes that this message makes it forward loud and clear to the City Council. He <br />advised that he is looking at the PUD as a base line with which to work and the applicant is <br />asking for an incremental modification and he does not see a real impact. He commented that he <br />feels the applicant has done a good job of providing alternatives and he does not see any <br />alternative that looks better than the original proposal. With regard to the issue of the trail, <br />Commissioner Harvey stated that Mr. Sage has basically said that they will provide the trail, and <br />he feels they will do it, so he does not feel that this is something the City should trade for. He <br />noted that he would rather see if the project could be conditioned to require the installation of <br />some percentage of the square footage of the photovoltaic panels. He noted that this will benefit <br /> <br />,,- <br /> <br />PLANNING COMMISSION MINUTES <br /> <br />November 14, 2001 <br /> <br />Page 11 <br />