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PLANNING COMMISSION ACTION On January 26, 2011, the Planning Commission by a 5 -0 vote, recommended adoption of the proposed Hacienda TOD Standards and Design Guidelines with several amendments (see Minutes, Attachment 7). The proposed amendments are discussed in the City Council Workshop section, below. FINANCIAL STATEMENT The City Council's action will have no financial impact. Any future development will pay all required building permit and development fees, and will pay property taxes. HACIENDA TOD STANDARDS AND DESIGN GUIDELINES The draft Hacienda TOD Standards and Design Guidelines accompanying this report (Attachment 2) comprise core and non -core development standards, and design guidelines and provide direction to developers and property owners on the key components of use, density. building mass arid height, setbacks, architectural features, open space, parking, access and street character. The Standards and Design Guidelines illustrate desired development on three vacant parcels near the BART station in Hacienda, and provide a framework for street improvements and connections between the parcels and BART. The document includes: • An Introduction section outlining the document's purpose, the development review process, the Vision for development of the Hacienda TOD, and two framework diagrams providing context for future development and existing and future street and pedestrian improvements • A listing of the core PUD regulations consistent with the Settlement Agreement. • Non -core development standards, retail and live /work requirements, and allowed uses • Development standards and design guidelines related to street design, site planning, building types and architectural features. • Illustrations and descriptions of six residential building types varying in density, various retail buildings, and live /work prototypes. The document includes three types of guidance to developers: core PUD regulations, non -core standards, and guidelines. Although development project on sites 1,2 and 3 will be required to meet all the Core Standards, the City Council may exercise discretion in the application of the other development standards, if such proposals meet the intent and purpose of the standards. Some flexibility is warranted in order to comply with the guidelines where specific site circumstances would make application of the guideline infeasible, produce an undesirable outcome that is counter to the Vision, or where a creative alternative clearly promotes the intent expressed in this document. Page 2 of 8