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2. CONDITIONAL USE PERMIT NO. 2005-21 AND AMENDMENT TO VARIANCE NO. 1995-09 Filed by Rio Vista West, LLC to request a conditional use permit to allow drive through window service and amend the variance to allow the required number of parking spaces resulting from the construction of two new buildings within an existing commercial center in the North Harbor Specific Plan (SP2) at 3770 West McFadden Avenue. PUBLISHED IN THE ORANGE COUNTY REPORTER: July 29, 2005 PUBLICLY NOTICED: July 28, 2005 RECOMMENDATION: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-251. 2. Adopt a resolution approving Conditional Use Permit No. 2005-21 as conditioned. 3. Adopt a resolution approving the modification to Variance No. 1995-09 as conditioned. Associate Planner Verny Carvajal presented the staff report and recommendation. Commission discussed the restaurant-spec pad, interior parking area landscape and southerly wall landscape facing neighborhood and spillover lighting. Commission inquired about existing landscape program to replace interior dead trees and bring it up to compliance with the North Harbor Specific Plan. Discussion ensued regarding angled egress of drive-through exiting aright-turn to Harbor Boulevard as displayed on Exhibit 4 and Exhibit 3. The public hearing was opened. Public speaking in support of the project: Thomas Lamere, Dave Lopez, Pat McGuigan, Applicant representative Boudewijn Hanrath and Julie Stroud The public hearing was closed. MOTION: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-251. 2. Adopt a resolution approving Conditional Use Permit No. 2005-21 as conditioned. 3. Adopt a resolution approving the modification to Variance No. 1995-09 as conditioned 4. The Planning Commission added a condition to replace all dead or underdeveloped plants, trees, and groundcover within the existing shopping center. Additionally, staff was directed to work with the applicant in adding a landscape treatment to the southerly wall of the site and a further evaluation of spillover lighting along the rear of the parking lot which could negatively impact residents to the south. MOTION: Cribb SECOND: Lutz VOTE: AYES: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Leo (1) 3. Public Comments (for items not on the agenda) No comments were made. Planning Commission Minutes 3 August 8, 2005