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ATTACHMENT 9 <br /> LAW OFFICE <br /> PETER MACDONALD <br /> 400 MAIN STREET, SUITE 210 <br /> PLEASANTON, CALIFORNIA 94566 -7371 <br /> (925) 462-0191 <br /> FAX (925) 462 -0404 <br /> pmacdonald gmacdonaldlaw.net <br /> February 10, 2011 <br /> City Council <br /> City of Pleasanton <br /> P.O. Box 520 <br /> 123 Main Street <br /> Pleasanton, CA 94566 <br /> Subject: Comments Regarding Hacienda TOD Guidelines <br /> Honorable Mayor Llostemuan and Members of the Council, <br /> I am writing on behalf of BRE Properties, the project developer for more than 16 acres of <br /> the proposed Hacienda TOD area. BRE Properties (BRE) needs guidelines that will <br /> enable a project that satisfies the requirements of the Settlement Agreement, compliments <br /> the community, and works from an economic perspective. BRE wants to propose a <br /> project consistent with the vision of the Hacienda TOD Guidelines (Guidelines) that can <br /> actually be built. After more than 7 years of effort to entitle this project, and with the <br /> mandates of the Settlement Agreement in mind, we respectfully request that the final <br /> Guidelines allow a project design that will not require variances or othcr amendments to <br /> the Guidelines as we progress through the PUD process. <br /> We believe we are 98% on the way to having workable Guidelines. We have agreed to <br /> numerous requirements which in BRE's expert opinion impair the economics of the <br /> project (such as the retail and live -work on Owens Drive, and the enhanced inclusionary <br /> zoning requirement) in order to make this an acceptable TOD project for the City of <br /> Pleasanton. <br /> On the key issues raised by the Workshop Staff Report and City Council Workshop <br /> discussion, we have below addressed those issues that must be modified in order that our <br />