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Vice-Mayor Cook-Kallio asked and Mr. Kang confirmed that the tree vegetation on the site renderings is representative of the proposed landscape. With regard to whether the size of the retail spaces would attract the desired tenants, Mr. lnderbitzen said he was confident it would. He said the proposed size is really of function of moving the retail into a high visibility area on the corner where it is easily accessible to traffic. In order to get a reasonable setback in that location, the edges of the building had to be reduced to less than 40 feet. Vice-Mayor Cook-Kallio said she has heard of a number of mixed retail developments that ultimately were not successful and asked if there is a change in that trend. Mr. Inderbitzen said this is a much different concept. He explained that in residential over retail developments like what has gone into Dublin, developers consider it almost throwaway retail because they put it in knowing it won't rent but that they need it to get the project approved. This proposal calls for dedicated stand alone retail that was located and designed to work for the types of uses that can serve the development. Mayor Thorne opened the public hearing. Patricia Belding, Citizens for a Caring Community, took issue with certain elements of the Affordable Housing Agreement. She noted that of the 305 apartment units, 46 are described as affordable however 23 of those are at 100% AMI. After deducting those 23 units that are not truly affordable, the project has affordability level of only 7%, which is incredibly low for a development of this type and zoning. She asked that the City insist on the proper level of affordability as an example for other projects that will follow. She also requested that the Council postpone a decision on the project until after the joint workshop with the Housing Commission in May and direct staff to expedite the nexus study in order to create a revised tool to develop workforce housing in Pleasanton. She referred to a letter submitted to the Council by Becky Dennis which lists the 4 alternatives provided by the IZO to ensure construction of much needed affordable units. She reminded the Council that Pleasanton has at least one example of successful development using the land dedication option and recommended that they consider partnering non-profit with for profit developers to create another project of this type. Becky Dennis, Citizens for a Caring Community, said the proposal is very different from what she expected this site to yield. She suggested that if the Council crafted an ordinance requiring market rate developers of the recently rezoned properties to partner with a non-profit, they would achieve far more than the 15% affordability target. She said this site was a favorite of those who participated in the Housing Element update process as a place to make a significant contribution to the City's fair share of housing requirements, not a place for luxury apartments with a low level of affordability. She said the applicant has proposed a beautiful project and encouraged the Council to approve the design and Development Agreement, but to postpone the Affordable Housing Agreement until after the workshop with the Housing Commission. If approved now, she said the level of affordability of all projects that follow will decline and the fee rules would change. She asked whether the applicant was ever asked about partnering with a non-profit or if staff insisted they pursue the least enforceable option in the IZO. Sean Sowell said he preferred Option 2 over Option 1 but agreed with previous speakers that 100% AMI does not constitute affordable. He noted that neither Option 1, 2 nor the revised Option 2 contain any 2 or 3 bedroom units at 50% AMI. He echoed requests to postpone a decision until after the joint workshop. He acknowledged and respected the importance of parks but said that affordable housing is the higher priority and suggested redirecting some of the park fees in order to increase affordability. James Paxson, Hacienda Business Park, expressed his appreciation for the applicant's efforts to prepare a project that fits nicely with the surrounding environment. He said the proposed project is City Council Minutes Page 18 of 23 April 16, 2013