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Councilmember McGovern also expressed concern that the Hacienda guidelines apply to all sites, rather than just 7, 8, and 9 as she had believed. Mr. Fialho explained that at the time staff made that statement, the City was not in discussions with Urban Habitat or the State of California regarding approval of comprehensive guidelines. Mr. Dolan acknowledged that these guidelines are a bit different and stated that staff has tried to adjust them whenever a site merits. Councilmember McGovern said she would prefer a maximum stated density of 30 units per acre, with the ability to adjust this based on individual development plans. Mr. Dolan outlined the subsequent process, which would include returning to the Commission on June 27th with amendments, before returning to the City Council on July 17th Councilmember Thorne asked if staff had an opportunity to review and incorporate all of the written suggestions that were submitted. Mr. Dolan said staff has reviewed them, most of which were submitted by developers of the properties in question. Some changes staff found to be universal, while others would be more appropriately evaluated as exceptions to standardized guidelines. Chair Pentin asked if staff intended to amend the reference to a 10 to 15 story hotel tower before this item comes back in later this month. Mr. Dolan attempted to clarify the matter and explained that there was previous dialogue from the City about the potential to work with an upscale hotel developer and really create a centerpiece for this end of town. Mr. Williams did a good job of capturing the idea, though perhaps it could have been presented more as an option than a recommendation. This particular location is likely one of few that would be appropriate for a taller building and staff felt the community could ultimately accept something as tall as the buildings adjacent to it. The Council and staff also talked a lot about providing a buffer for the BRE site, which larger buildings such as this would do. Councilmember McGovern reiterated her discomfort with supporting such a change without the public weighing in. Mayor Hosterman said she could likely support whatever structure fits within the limitations established by the guidelines. Chair Pentin repeated his earlier reference to contradictory densities. Mr. Dolan spoke to both this and Councilmember McGovern's earlier comment about setting a maximum density of 30 units per acre. He explained that the City made certain assumptions within the Housing Element about the densities that would be allowed by these guidelines, and was very conservative in presenting that number at 30 units per acre. If the guidelines actually allow a greater density, this can be a valuable tool during the next cycle of housing assignments. He also explained that the reality of the BART site is such that it will require structured parking, regardless of the development. Structured parking is costly and not something that can be supported by 30 units per acre, unless combined with a hotel or other more dense development. He cautioned the Council that 30 units per acre on the BART site is an unrealistic expectation. Councilmember Cook-Kallio concurred that this represents a tremendous change, but so has the entire process. She said she strongly favored retaining flexibility and cautioned against boxing a future Council in so that it cannot make the kind of decisions it needs to make in 10 to 15 years when the sites are developed. City Council Minutes Page 8 of 11 June 5, 2012