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Mr. Wayland indicated that BRE has a different opinion. He stated that they are looking at doing a development in the Mission Bay area in the San Francisco area close to the ballpark, and it has a giant master plan that went through 20 years of extensive planning. He noted that it specifies a depth of 40 feet in its neighborhood retail mixed-use developments and that every major mixed-use developer is going in that area. He added that they are also the developer of the Sunnyvale Town and Country, a major project with 34,000 square feet of retail next to the Sunnyvale Town Center. He stated that numerous consultants told them not to go any deeper than 40 to 45 feet because users will want only 1,000 to 1,200 square feet because any more would be a bowling alley. He concluded by saying that BRE is a mixed-use developer, that they build in urban infill locations, and that he personally has built 200,000 square feet of retail. THE PUBLIC HEARING WAS CLOSED. Commissioner O'Connor stated that BRE is proposing a depth of 40 feet, but this does not mean that they cannot go to 60 feet if they find the right tenant. There was consensus to recommend a retail depth of 40 feet. Chair Narum indicated that the Commission has completed its recommendations to the City Council and asked if there was anyone in the audience who wanted to make final comments. There were none. Chair Narum inquired if any of the Commissioners had any comments regarding the Negative Declaration. Commissioner Blank suggested recommending that the City Council review the Negative Declaration. Commissioner Pentin moved to defer action on the Negative Declaration to the City Council; find that the proposed Major Modification to the PUD is consistent with the General Plan and the purposes of the PUD ordinance; recommend approval to the City Council of PUD-81-30-48M/PUD-85-8-21M; and recommend the following amendments to the Draft Hacienda TOD Standards and Design Guidelines: 1. Encourage incentives for inclusion of a park whether relief of park in-lieu fees or counting for private open space on Parcel 2 and Parcel 3; 2. Provide a sunset clause in the ability to get agreements with Kaiser for the trail; and if this is not possible, include a sunset clause that would remove it from the Guidelines. Additionally, if the trail is included within the parcels, the setbacks would be changed as specified by the BRE letter to the Commission; EXCERPT: PLANNING COMMISSION MINUTES, January 26, 2011 Page 38 of 40