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r- - r- Commissioner Harvey stated that he feels ten years is a long time and that over time we all get better at what we do, and he would like to see and take advantage of the new technologies and processes that may be available. He noted that he sees the problem with the possibility of the members of the Planning Commission changing in five years. He stated that two-year increments would provide continuity and would allow the Planning Commission to make incremental additional conditions that would be appropriate. He advised that the kinds of conditions he would have in mind would be to have the building photovoltaic ready and actually install some ofthe panels, as the Planning Commission conditioned the Applied Biosystems project. Commissioner Sullivan stated that he feels Commissioner Harvey's idea is a good one. Discussion ensued regarding how a two-year extension process would function if placed on the project. Commissioner Arkin stated that he agrees with Commissioners Harvey and Sullivan, but in this situation he would like to give the developer latitude because they were part of an incredible gift to the community. Chairperson Maas advised that she doesn't mind applying the current ordinances or laws, but she does not understand why they would have to comply with provisions that are not part of the City's ordinances or State law. Commissioner Roberts noted that the development agreement allows for the residential development for ten years. She advised that she agrees with Commissioner Arkin about what these people are doing for the community. She further advised that they are now talking about eight years, not ten, noting that two years have already lapsed. She stated that she is very upset about the Hines buildings that are still empty. She noted that she has difficulty believing that this condition was meant to be every two years when the development agreement is for ten years. She stated that she does not think that they should ask the applicant to go through a redesign to comply with something that is not in an ordinance. She further stated that the Planning Commission worked very hard on this project, and she is concerned about the possibility that in five years a different commission may want to make changes to the project. Commissioner Kameny stated that he is sympathetic with the developer. He noted that he appreciates Commissioner Harvey's comments and concurs with Commissioner Arkin regarding the gift to the City. He noted that he spoke with James Paxson today and there are 300,000 square feet of vacant office space and 500,000 square feet of vacant rid space in the Hacienda Business Park. Commissioner Kameny stated that he has some problem with the ten-year approval, but this is now only eight years. Commissioner Kameny moved to make the finding that the proposed modification to the previously approved PUD Development Plan is consistent with the Bernal Avenue Specific Plan and, therefore, with the P1easanton General Plan; and recommend approval ofthe modification to the PUD Development Plan subject to the conditions of approval stated in Exhibit "A," with the additional requirement that the site be hydro seeded or other provisions made to address visual aspects. PLANNING COMMISSION MINUTES February 27, 2002 Page 11