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1 <br />1 <br />MOTION: <br />Recommend that the City Council: <br />1. Adopt an ordinance approving the second amendment to Development <br />Agreement No. 2005-02 with respect to Nexus/NDC Skyline Towers with <br />modification to Section 4.2 regarding the rental office management. <br />2. Adopt a resolution approving the amendment to Conditional Use Permit <br />No. 2005-10 as conditioned. Planning Commission added Condition No. 26: <br />Prior to occupancy of any rental units, a Rental Housing Operational Plan <br />must be submitted to the Executive Director of the Planning and Building <br />Agency, or his/her designee, for review and approval. At a minimum, the <br />plan shall identify the location of employee and visitor parking, the location <br />of the rental office, location of unit for on-site-manager, hours of operation <br />for the rental office, and signage affiliated with the Rental Housing <br />Operational Plan. In addition, said plan must identify any additional <br />charges, fees or rents that residents would be required to pay in order to <br />use any project amenities, including, but not limited to, parking and use of <br />the common areas. <br />MOTION: Leo <br />SECOND: Yrarrazaval <br />VOTE: AYES: Alderete, Betancourt, Gartner, Leo, Mill, Turner, <br />Yrarrazaval (7) <br />NOES: None (0) <br />ABSTAIN: None (0) <br />ABSENT: None (0) <br />SECONDARY MOTION: <br />Recommend that the City Council: <br />1. Adopt an ordinance denying the second amendment to Development <br />Agreement No. 2005-02 with respect to Integral Communities Inc. <br />2. Adopt a resolution denying the amendment to Conditional Use Permit <br />No. 2005-15 as conditioned. <br />MOVED BY CHAIRMAN LEO; MOTION FAILED DUE TO LACK OF A SECOND <br />SUBSTITUTE MOTION: <br />Recommend that the City Council: <br />1. Adopt an ordinance approving the second amendment to Development <br />Agreement No. 2005-02 as it pertains to Integral Communities, Inc. to allow <br />rentals. <br />2. Adopt a resolution approving the amendment to Conditional Use Permit <br />No. 2005-15 as conditioned. Planning Commission added Condition No. 26 <br />MOTION: Mill <br />VOTE: AYES: <br />NOES: <br />ABSTAIN: <br />ABSENT: <br />MOTION FAILED 3:4 <br />SECOND: Gartner <br />Gartner, Mill, Turner (3) <br />Alderete, Betancourt, Leo, Yrarrazaval (4) <br />None (0) <br />None (0) <br />FINAL MOTION: <br />Recommend that the City Council: <br />1. Deny an ordinance approving the second amendment to Development <br />Agreement No. 2005-02 as it pertains to Integral Communities, Inc. <br />2. Adopt a resolution denying the amendment to Conditional Use Permit No. <br />2005-15 as conditioned. <br />Planning Commission Minutes 5 March 23, 2009 <br />