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Public hearing closed. <br />MOTION: <br />Continue item to Planning Commission on January 10, 2005. <br />MOTION: Mondo SECOND: Nalle <br />VOTE: AYES: Leo, Lutz, Mondo, Nalle (4) <br />NOES: None (0) <br />ABSTAIN: Cribb (1) <br />ABSENT: De La Torre, Sinclair (2) <br />4. CONDITIONAL USE PERMIT NO. 2004-24, DEVELOPMENT AGREEMENT <br />NO.2004-03, TENTATIVE TRACT MAP NO.2004-05, VARIANCE NO.2004- <br />11,ZONING ORDINANCE AMENDMENT N0.2004-05 AND SITE PLAN <br />REVIEW N0.2004-06 <br />Filed by Coastal Rim Properties, Inc. to allow for an 8-story (84 unit) and an 18- <br />story (194 unit) development within MacArthur Place at 200 E. First American <br />Way. <br />PUBLISHED IN THE ORANGE COUNTY REPORTER: November 12, 2004 <br />PUBLICLY NOTICED: November 12, 2004 <br />RECOMMENDATION: <br />Recommend that the City Council: <br />1. Approve and adopt the Mitigated Negative Declaration and Mitigation <br /> Monitoring Program, Environmental Review No. 2002-215. <br />2. Adopt an ordinance approving Development Agreement No. 2004-03. <br />3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004-05. <br />4. Adopt a resolution approving Conditional Use Permit No. 2004-24 as <br /> conditioned. <br />5. Adopt a resolution approving Tentative Tract Map No. 2004-05 as <br /> conditioned. <br />6. Adopt a resolution approving Variance No. 2004-11 as conditioned. <br />7. Adopt a resolution approving Site Plan Review No. 2004-06 as conditioned. <br />Vince Fregoso presented the staff report and recommendation. <br />Commission discussion ensued regarding ten-year agreement with two-year <br />extension; prohibiting redevelopment agency assistance, requiring public art <br />contribution, requirement for in lieu fee for parkland, contribution for inclusionary <br />housing, and Airport Land Use Commission (ALUC). <br />Commission recommendations regarding the Conditional Use Permit: <br />• Condition 7 -amend language to require sign program for graphics on <br />park structure facing MacArthur Boulevard <br />• Condition 14 -fireplaces will be electric instead of gas <br />• Condition 65 to include City Council overrule of ALUC determination <br />• Condition 59 -modify to allow mirrors inside elevators, instead of requiring <br />glass elevators <br />• Loft Plan #3 -oven/range should be relocated out from under window <br />• Reconfigure balcony accessibility so that it can be accessed from living <br />room instead of bedroom <br />Franco Mola, reviewed the development agreement language, modification of the <br />CC&Rs, noted exception to the occupancy specifications, stated units will be for <br />sale and not rent. Indicated noise study was conducted regarding the <br />bedroom/bathroom adjacent to each unit, also discussed balcony dimensions <br />and noted floor plan changes to be accommodated. <br />Planning Commission Minutes 8 November 22, 2004 <br />