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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />MAY 4, 2009 <br />TITLE: <br />PUBLIC HEARING - ZONING ORDINANCE <br />AMENDMENT NO. 2009-04, AMENDMENT TO <br />DEVELOPMENT AGREEMENT NO. 2005-02, <br />CONDITIONAL USE PERMIT NO. 2009-08 AND <br />VARIANCE NO. 2009-02 TO ALLOW THE <br />CONSTRUCTION OF A COURTYARD BY MARRIOTT <br />HOTEL AT 6 EAST MACARTHUR PLACE - NEXUS <br />DEVELOPMENT CORPORATION, APPLICANT <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />^ As Recommended <br />^ As Amended <br />^ Ordinance on 1S' Reading <br />^ Ordinance on 2~d Reading <br />^ Implementing Resolution <br />^ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Staff recommended that the Planning Commission: <br />1. Adopt a resolution approving the Addendum to the Final Environmental <br />Impact Report No. 2004-02 and approve the mitigation monitoring <br />program. <br />2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-04. <br />3. Adopt an ordinance approving the Amendment to Development Agreement <br />No. 2005-02. <br />4. Adopt a resolution approving Conditional Use Permit No. 2009-08 as <br />conditioned. <br />5. Adopt a resolution approving Variance No. 2009-02 as conditioned. <br />PLANNING COMMISSION ACTION <br />With one commissioner (Gartner) absent, the Planning Commission at its <br />April 13, 2009, meeting split 3:3 on this project. <br />Commissioner Yrarrazaval initially made a motion to approve the staff <br />recommendation with conditions added to include a mitigation measure <br />addressing short term parking impacts as well as revise several <br />components of the exterior architecture including the screening of window <br />vents and recessing the windows. The motion was seconded by Chairman Leo <br />75B-1 <br />