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Mr. Williams continued his presentation, describing parking and pedestrian access. He stressed the flexibility in the development options available, which include commercial office space, retail, residential and hotel uses, or some combination thereof. All of these different land use scenarios fit within the same overall structure and circulation for the site. He discussed several different parking options, including standalone structures to be used individually by BART and other developments within the site or multi-use structures that would allow for flexible but designated parking for both BART and the other developments. Councilmember McGovern said she has expressed concern over the capacity of Hacienda for years. She questioned whether staff truly believed the community could support a use as intense as what was presented. She also referred to the potential for a hotel use and said the Council never indicated approval of any use that would exceed 85 feet in height. Mr. Fialho said the development guidelines are consistent with the zoning approved by the Council. He separated her concern into two points: 1) the existing commercial capacity of Hacienda, and 2) the perceived intensity of developments that might be allowed under these guidelines Mr. Dolan explained that the BART site has an overall height limit of 85 feet, which is consistent with the rest of Hacienda and two neighboring sites. While the potential for a hotel with more than five stories does exist, it is important to keep in mind that hotels have a much lower floor-to-floor height than commercial buildings. This means that an 8-story hotel might not be as tall as a 5-story commercial building. Councilmember McGovern said the height distinction felt more like a manipulation in order to sneak something past the public that they knew would be unacceptable. She felt that the uses outlined would be a drastic change from anything this community has seen before and said she did not want any such thing in a plan that she would ultimately be asked to approve. The Council noted several disparities between the stated intent and printed word in the draft guidelines, particularly as it related to maximum and potential densities as well as retail depth. Both staff and the consultant agreed that consistency and clarifying language would be helpful in these instances. Chair Pentin referred specifically to page 9, page 2, and page 21 regarding density and retail depth on frontages as opposed to corners. Mayor Hosterman said this is about developing guidelines for future development; at the point that a proposal comes forward, it will be subject to the full public process. She acknowledged the comments of both staff and the Council particularly, what is currently proposed may generate significant questions from the community. Regardless of that, staff has requested feedback on the guidelines themselves. Councilmember Sullivan asked and Mr. Dolan confirmed that a traffic model was prepared for the proposed development types to see if they land within the environmental parameters already studied for the BART site. Mr. Dolan noted that while it also falls within the envelope of what is allowed for the entire Hacienda Business Park, there may be need for Council discussion before other developments come down the line that exceed this. Councilmember McGovern reiterated her discomfort with the proposed level of development. Mr. Dolan suggested that perhaps staff had inadvertently distracted the Council with renderings that don't exactly reflect the level of development that would be allowed by the draft standards and guidelines. He assured her that what is proposed is the same level of development as what was anticipated when the City evaluated the BRE property. City Council Minutes Page 7 of 11 June 5,2012