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Mr. Whalen reiterated that BRE needs definite guidelines it can work with, stating that it would be a shame to go through the process for nine months and then adopt guidelines from which he will be requesting a variance in two months. He brought up, as an example, the matter of reduced setback with enhanced landscaping or open space. He indicated that he looks at this as an opportunity to negotiate, with the guidelines not meaning anything and turning a six-month approval process into a year. John McPartland, District 5 BART Director and Task Force member, stated that BART endorses the guidelines and complimented the facilitator in his effectiveness. He noted that the input was varied, often contentious but cordial, and the process was complete, resulting in an end product that is the best available from the heart and soul of the community and the best professional judgment from a business perspective. He indicated that BART intends to be an active and participative partner in moving forward. Referring to Parcel 1 and the design guidelines for Owens Drive, Commissioner Pentin asked Mr. McPartland where BART is with regard to development on the BART parking lot and property. Mr. McPartland replied that he is not in a position to permanently give up any parking spaces. He added that whatever development comes forward on the north side of Owens Drive should be mimicked on the south side in order to achieve balance. Commissioner Pentin stated that currently, the plan indicates that Parcel 1 will potentially be developed soon while the other side of the street may not be on board for another five to twenty years. He inquired how this might affect what is done on Parcel 1 both sides of the street would not come together at the same time. Mr. McPartland replied that he would personally be involved in this if it happens immediately. He indicated that he is very proactive in relation to supporting the Iron Horse Trail integration into the plan, and he wants to help facilitate that in any way he possibly can. He added that he would like to see a more detailed effort put into this. Commissioner Pentin stated that the opportunity to take Owens Drive and try to turn it into a quieter, slower, retail/residential street versus what it is today will require support from both sides of the street. He inquired if BART would come in at the same time to develop the north side of Owens Drive should a developer start work on the south side. He inquired further if this would be a priority for BART and if BART would be willing to partner in at the same time. Mr. McPartland replied that BART will not just stand around and wait while the southern portion of Owens Drive is being completed. He indicated that this would be a partnership and that BART would be working in tandem. EXCERPT: PLANNING COMMISSION MINUTES, January 26, 2011 Page 15 of 40