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It was moved by Councilmember Ayala, seconded by Counciimember Dennis, to adopt Resolution 02-035 upholding approval of PMS-09, subject to the conditions in Exhibit B, including that there be an express condition concerning the timing of the payment of fees, separating the property owned by Frank and Barbara Berlogar into two parcels of 7.57 acres and 37.46 acres, in conformance with PUD-5, an approved PUD Development Plan. The roll call vote was as follows: AYES: Councilmembers - Ayala, Campbell, Dennis, Michelotti and Mayor Pico NOES: None ABSENT: None ABSTAIN: None Item 6b PUD-02-2M~ South Bay Construction Request for a modification of PUD-02~ the approved PUD Development Plan for eight office buildings comprising 745~000 sq. ft. of floor area and related facilities on the southwest corner of Bernal Avenue and the extension of Valley Avenue~ to delete the two-year construction timing condition. Zoning for the property is PUD - C/O (Planned Unit Development - Commercial/Office) District. (SR 02:083 Brian Swift presented the staff report. Mayor Pico commented that he appealed this item because of his primary concern about the extended amount of time to develop this property. In the past his experience has been that projects get developed that were surprises to people and there were projects developed that had guarantees as to what the project would look like, with conditions of approval that were not able to be modified or changed. In his opinion, giving ten years for this commercial project to develop without having the opportunity to review it or to look at the conditions was excessive. He said he was now in accord with staff recommendation. He has no opposition with this project going ahead, with the new conditions. Councilmember Dennis said she came up with a number of interesting permutations on the policy issue. If we have policy that changes and we are reviewing that every year, wholesale redesign of the project to accommodate policy may be a burden on the property owner but it could also substantially change the design. How are those policy changes intended to be applied; at whose discretion are they if the design has an impact on the buildings? Is policy primary or is building design primary? Mr. Swift said there is an approved design and this cannot be changed without calling it a PUD modification, which would trigger a review by the City. If it were a major design change, the applicant could propose it and the City would review it. The applicant can always propose modifications. If the policy that is being developed by the Planning Commission to be used on the property would be contrary to the approved design, that would not be incorporated into the design. For example, if it were a green Pleasanton City Council 5 04/02/02 Minutes