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Commissioner Olson stated that at the workshop, he asked BRE why they did not come in and request 50 units per acre, and they said it was not feasible. Commissioner O'Connor noted that BRE only represents one or two properties and not the third property. Chair Narum commented that the representative from Roche, the owner of Parcel 3, is also present. She added that she is specifically interested in Parcel 2. She suggested re-opening the public hearing and asking Mr. Wayland to comment. Commissioners O'Connor and Olson agreed with Commissioner Pearce. Commissioner O'Connor continued that the Commission could set the minimum of what the City needs, and when a developer comes in and asks for something that is certainly beyond what the Commission thinks, the Commission can then have that discussion. Chair Narum inquired what the Commission would do if an application for 50 units per acre came in and it is not what the Commission wants. Commissioner Blank noted that there are school impacts, traffic impacts, and safety impacts. Mr. Dolan explained that if the Commission is not comfortable with 55 units on Parcel 2, it should say so now, because if someone comes in with 50 units per acre and meets the guidelines, that would not be the time to state the Commission is uncomfortable with 50 acres on Parcel 2. He noted that the application will have clearance on traffic and on schools. He added that in the CEQA analysis, the City we must take the most conservative; therefore, the City must put 55 units across even if the Commission knows what BRE has stated. He indicated that if BRE goes away and someone comes in with 55 units, this would be allowed by the guidelines, and they can deal with the design issues, but the Commission could not say then that it is not comfortable with the number of units. He commented that Mr. Wayland may state that BRE intends to do something with 30-35 units but would still like to maintain the flexibility. THE PUBLIC HEARING WAS RE-OPENED. Mr. Wayland concurred and stated that he thinks it is always better to be clear about intentions from the outset. He indicated that developers always look at certainty; hence, if the Commission thinks 55 units to the acre is too dense, it is good to state that upfront. He noted that currently, 55 units to the acre is not feasible, and this is why BRE is coming in with less density. He added that if BRE did not come in now and returns in five years, there may have the opportunity to build at a higher density, and these conversations would all be forgotten. Commissioner Blank asked Mr. Wayland if he would be comfortable with a limitation that would restrict density to no more than 35 units per acre on all three parcels. EXCERPT: PLANNING COMMISSION MINUTES, January 26, 2011 Page 23 of 40