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building policy, an energy conservation policy, etc., all of which could be accommodated in the basic design, the Planning Director is required by this condition to seek to incorporate it into the design. To the extent that the Planning Director finds those kinds of policies cannot be incorporated into the basic design of the plan, the Planning Commission can review it. Councilmember Dennis asked if this is primarily to preserve the design of the building, while still allowing for the implementation of policies. Mr. Swift said that is correct. The design drawings have been submitted and every year the applicant intends to resubmit those changes to see if there has to be any modification to the buildings because they must be built in accordance with the most recent building code. The intention is to have plans already approved so that if there is a tenant in the marketplace that wants to lease a building, they can immediately go into construction and not start from scratch. Councilmember Campbell asked about fee protection for the parties involved. What happens if fees change during the development of the project? Are these fees based on the date of approval or later? Mr. Swift said the development agreement and conditions of approval addressed this in great detail. Most agreements allow the City to charge the fees that are in effect when the building permit is issued. The development agreement goes into great length as to when the City can apply new fees to the project. Mayor Pico declared the public hearing was opened. Dan Rosenbaum, 1690 Dell Avenue, Campbell, CA 95032, representing South Bay Construction said the status of the project has changed with the economy. Commereial real estate has been severely impacted by the slow down in Silicon Valley and the Greater Bay Area. Presently there is not a high demand for office space. The property is ready to go and the drawings have been submitted for plan check and have been approved. In order for them to tell a potential tenant they can start building tomorrow, they have to have an approved set of building plans. Plans were submitted today and in four or five weeks, they will be able to start any one or all eight of the buildings. This gives them a distinct marking advantage over surrounding cities and ultimately is an advantage for Pleasanton. The project has been named Pleasanton Gateway. There being no further speakers, the public hearing was closed. It was moved by Mayor Pico, seconded by Councilmember Ayala, to introduce Ordinance No. 1852, to be read by title only and waiving further reading thereof, approving the application of South Bay Construction for a modification to a PUD Development Plan, as filed under Case PUD-02-2M. Pleasanton City Council 6 04/02/02 Minutes