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City Council City of Pleasanton January 25, 2023 Page 2 regardless of any qualifying language added to the draft Resolution. This assumption is further supported by the Elements' use of the "shall" in several instances instead of the more permissive "should," which could be interpreted as a hardening of the City's position (See Attachment 1, Exhibit A, pgs. 12-18). We submit that it is a better practice to delete most of the bulleted items below the five identified Elements and the related illustrations, while retaining the Elements themselves. In lieu of such prescriptive detail, the owners propose a revised version of the Design and Placemakinq Elements in Exhibit A, attached hereto. It is also premature to set minimum widths for setbacks, sidewalks, multi-use paths, and roadways until the overall configuration of the Mall development is created. Note that several of these standards, if imposed on a project in an ad hoc manner, would violate constitutional nexus requirements. Please keep in mind that under the Reciprocal Easement Agreement among the Mall ownership, any development on the Mall parcels is possible only if all owners agree. Therefore, if the development and design standards imposed by the City impair development of any parcel, it is possible that nothing will be developed, and a great opportunity will be wasted. Therefore, we urge the City Council to modify the Resolution, and revise Design and Placemakinq Elements to reflect our comments in Exhibit A. This will preserve the ability for the City, the community, and mall ownership to work cooperatively and plan for a mutually-beneficial Mall project. B. Additional Guiding Principles Immediately prior to the Planning Commission meeting, the City unilaterally added three Guiding Principles (see Staff Report, Attachment 1, Exhibit A, pg. 11) to the ten that were previously discussed with the ownership. Similar to the Elements discussed above, these new Guiding Principles are too prescriptive. We request that Guiding Principle #11 be deleted, as mandating that the Framework ensure that new commercial development generate a neutral or positive fiscal balance may not be achievable and would provide opportunities for third parties to challenge new commercial development within the Mall. In addition, Guiding Principle #12 should be revised so that "should" replaces "shall" in both instances. C. Miscellaneous Comments In order to provide for a more streamlined presentation, ownership requests that it be provided with 20 minutes to provide the applicants' presentation, which may involve comments from several owner representatives. Also, please be advised that Table 1 (Staff Report, Attachment 1, Exhibit A, pg. 6) has errors in the second and fourth rows regarding the identification of the Penney's and Macy's Women's parcels.