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DRAFT against a cap. She added that she has significant concerns that this is the wrong precedent, and if other residents get wind of this, they are going to start to wonder what is going on and how much the Commission is representing them. Finally, Commissioner Allen stated that if the Commission were to consider approval of this, she would like to propose the following two changes to the wording: (1) specify that this applies only to California Center and not to the other sites; and (2) eliminate the last six words "and BART stations and related facilities." She noted that the BART property was already thought of as being addressed in the seven sites. She added that this is from the old ordinance and was included only because BART had not been built; but now that BART has been built and built out, it should be removed as it is confusing and misleading and no longer applies. Chair Pearce asked Mr. Dolan if it was his perspective that the BART station and related facilities are left-overs and not applicable. Mr. Dolan replied that he thinks Commissioner Allen made a good point. He referred to staff for comments. He noted that Ms. Stern pointed out that BART could be intending to enhance its site with additional amenities, but that it is a minor issue. He indicated that it could be eliminated. With respect to Commissioner Allen's question regarding how the cap came about, Commissioner Olson stated that like Mr. Paxson, he was not at those meetings but that he agreed with Mr. Paxson that had he been at the meeting, he would have said that the cap is a bad idea. He indicated that it is the same political pressure that has been in this town for a long time. He noted that he has been in this City for 25 years, and it has always had to have caps. He further noted that the City had a housing cap for a long time, and everyone knows where that went. He added that it were up to him, he would not have a cap on development in Hacienda; but rather, look at each project and then allow Hacienda to respond to the times and to the competitive pressures that are confronting it. He indicated that he, in fact, has wondered what it would take to get rid of the cap. Regarding the points that were raised that, first, this is a give -away and that the community is not getting anything in return, Commissioner Olson stated that he thinks that totally misses the idea as the businesses pay taxes here. He noted that businesses that come into Hacienda generate local jobs and the whole idea of mixed - use, and it just blows his mind that this is not seen as helpful for the community. As to the second point that this will set a precedent, he stated that, again, this is based on the cap, and he does not see what is sacrosanct about the cap. He indicated that he would not be in favor of any changes here and that he is in alignment with staff's recommendation. Commissioner Ritter stated that he is looking at this as a simplification of the government process, cleaning up the way this old PUD was put together. He noted that he is always in favor of reducing government bureaucratic processes, and it makes DRAFT EXCERPT: PLANNING COMMISSION MINUTES, 8/28/2013 Page 9 of 11