This matter is the second reading of the ordinance approving Planned Development No. 2006-046 for a mixed use project, a Development Agreement and Development Review for 3805 W. Olive Ave. and 109 N. Screenland Dr.  The description of the project has been revised as directed by the City Council to provide that at least 122 parking spaces shall be constructed within the onsite subterranean parking garage and surface parking lot.  Condition of Approval No. 43 was modified to indicate the Council�s intent to allow flexibility in the design of parking spaces.  A new condition of approval (No. 44) has been added to require at least 122 onsite parking spaces, and to clarify that the applicant may apply for vacation of public right-of-way if such right-of-way is necessary to achieve the minimum number of required parking spaces.  A vacation of public right-of-way will require a separate action and would include the necessary reservations of rights for vehicle travel and public services and utilities.

The motion approving the resolution adopting the Mitigated Negative Declaration and introducing the ordinance did not address modifications to a few other conditions of approval discussed during deliberations.  Therefore, staff is requesting clarification of the following:

1.      Did the City Council intend to alter the requirement that the applicant secure additional off-site parking to meet the peak parking demand of the project?  This requirement is addressed in the ordinance under the second finding for Development Review (i.e., the third paragraph under �b.�), the second finding for granting the Planned Development (i.e., paragraph �b.�), and Condition of Approval Nos. 5 and 39.

2.      Did the City Council intend to limit the hours of operation for the second floor uses during periods when the off-site parking in unavailable?  This requirement is addressed in the ordinance under the second finding for Development Review (i.e., the third paragraph under �b.�), the second finding for granting the Planned Development (i.e., paragraph �b.�), and Condition of Approval Nos. 7 and 8.

If it was the Council�s intention to alter the findings and conditions of approval as described above, then the motion approving the ordinance should include instructions to make the necessary changes to the findings and the relevant conditions of approval.

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