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RECOMMENDATION: Recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-234. 2. Adopt an ordinance approving Amendment Application No. 2006-04. 3. Adopt a resolution approving Site Plan Review 2006-07. 4. Adopt a resolution approving Conditional Use Permit 2006-14 as conditioned. Planning Manager Karen Haluza presented the staff report and recommendation. Ben Kaufman discussed the modified data on the Specific Development No. 80 and also added two additional conditions. First on the conditional use permit, that the project record as a covenant, the recognizing features of the parking lift system, since this is a first time the City is to use this type of parking system with Covenants, Conditions, and Restrictions (CC&Rs) that identify the parking issue and include a waiver of liability by purchasers of this project, against any claims to the City in the future. Additionally, the approval of the Site Plan Review will expire at same time as Conditional Use Permit and contingent on the tract map approval so that we don't have one approval lasting longer than the other. The public hearing was opened. Urban West President, David DiRienzo spoke in support of the project. Architect Ron Nestor provided information on the proposed mechanical parking I ift. Commission discussion and questions included: potential for noise associated with parking mechanism, availability of qualified staff to make any necessary repairs to the parking lift, clarification regarding how trash would be handled, ways to provide visual relief for the upper-story walls, and use of natural stone on the front of the building. Ben Grabiel spoke in opposition to the project. The public hearing was closed. MOTION: Recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-234. 2. Adopt an ordinance approving Amendment Application No. 2006-04. 3. Adopt a resolution approving Site Plan Review 2006-07. 4. Adopt a resolution approving Conditional Use Permit 2006-14 as conditioned. The Planning Commission added conditions to the project which include: 1. Exterior materials shall include a real stone product on the facade of the first three floors of the building. 2. The exterior east wall shall be reviewed in detail for potential aesthetic improvements, and/or the potential for temporary signage in compliance with Article XI of Chapter 41 of the Santa Ana Municipal Code. Additionally, plant material should be included on the roof deck that may spill over the wall to soften the hard edges of the top floors of the building. 3. With regards to Covenants, Conditions and Restrictions (CC&R's), the Planning Commission added the following provisions: a. The CC&R's shall provide notice that a unique on-site parking solution (a hydraulic parking lift) has been utilized for the project, and that owners shall indemnify, defend and hold harmless, the City Planning Commission Agenda 3 September 25, 2006