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there will be people living in those homes and they are likely to object to the construction of r- houses that will obstruct their views. He noted that this is something that should be considered as the plan is developed. c. PUD-02-2M. South Bay Construction Application for a modification to PUD-02, an approved PUD Development Plan for eight office buildings comprising 750,000 square feet of floor area and related facilities on the southwest corner of Bernal Avenue and the extension of Valley Avenue, to delete the two-year construction timing condition. Zoning for the property is PUD-C/O (Planned Unit Development - Commercial/Office) District. Heidi Kline presented the staff report, describing the modification request and noting that if the two-year construction timing condition were to be eliminated, the development plan approval would expire on August 21, 2010. Ms. Kline noted that while the residential development approval did not have the two-year construction timing-limit, it was included in the conditions of approval for the office component. In response to an inquiry from Commissioner Arkin as to why the two-year limit was placed on the project, Ms. Seto advised that there has been various discussions regarding this issue, and she believes the applicant would indicate that it was an oversight on the part of the planning staff. Ms. Seto further advised that in discussion with other staff members, she has been told that it was actually included on purpose because of concerns that have been raised about office buildings that were constructed at a much later time following approval and the buildings looking outdated. r- Ms. Kline reported that the modification was approved by the City's Zoning Administrator with an additional condition requiring the applicant to adhere to the City's new policy about the construction/demolition recycling ordinance that is being prepared. She noted that staff felt that this would be consistent with the other projects for which project approvals are being extended, such as some of the residential developments. Ms. Kline advised that the Zoning Administrator's approval was appealed at the City Council level. She clarified that if the applicant's development plan lapses, its entitlement to build the 745,000 square feet of office space remains, but they will have to go through the design review process again. Ms. Kline advised that it is staff's opinion that the design will stand the test oftime. She further advised that staff believes that the project approval includes most of the Planning Commission's current policies that are about to become ordinances, and a condition in the development agreement states that if there is a new City-wide ordinance or State requirement that is adopted it must be incorporated into the project. Ms. Kline advised that the Planning Commission could discuss the potential for adding another condition that would require that ifthere is a new measure that the Planning Commission is supporting and it has not yet been codified or adopted as an ordinance, then the applicant could be required to include this measure in the project. - In response to a request from Commissioner Roberts, Ms. Seto clarified that the development agreement specifically provided that at the time the developer pulls the building permit, the developer would be subject to the California Building Code and if there are changes over the years, when South Bay actually builds the project, they would need to comply with the current February 27, 2002 Page 8 PLANNING COMMISSION MINUTES