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Discussion ensued on the pedestrian walkways. Dan Hunter, general partner of Dyer Hollow Partners, owner of the site, spoke in support of the project noting he had met with staff to confirm acceptable site for ESA and during the process, staffs recommendation changed; noted they do have support from Brookhollow and has a letter in favor of this use; and added that Birtcher, who per CC&R's has final approval rights, has supported request. Craig Bums, property owner west of site, spoke in support of project. Chairman Mondo closed the public hearing at 8:25 p.m. Chairman Mondo inquired if proposed design standard modifications that were presented has changed staffs recommendation. Mr. Rice noted staff has had no opportunity to consider proposed modifications, adding fundamental question is land use issue and based on recent discussions and actions by the Commission regarding the 55 Corridor staff recommends denial. Mofion to recommend fhat the City Council: 1. Deny Zoning Ordinance Amendment No. 2001-06. 2. Deny General Plan Amendment No. 2001-01. 3. Deny Conditional Use Permit No. 2001-21. 4. Deny Variance No. 2001-07. MOTION: Doughty SECOND: Verino Vice Chair Nalle noted he will not vote in favor of motion adding businesses in the area are in favor of the project. Commissioner Cribb noted support for the motion noting the property is in a strategic location stating he is willing to support the idea and concept at another location; and added he will support the highest and best use for this particular site and other sites. Commissioner Leo noted he is opposed to the motion stating ESA is providing landscaping and visual aesthetics to those who drive by the 55 Freeway; commented that Birtcher has approved use and should have the final say; and noted belief that a recession may come upon us and should not turn away an opportunity to develop property and wait 10 years for development and look at trash along the freeway. Chairman Mondo noted concerns of type of use in terms of policy adding biggest concern is the long-term use; noted this was a difficult decision but will support because new construction should meet development standards. AYES: Cribb, Doughty, Mondo, Verino (4) NOES: Leo, Nalle (2) ABSENT: Richardson (1) ABSTENTION: None (0) COMMENTS 4. Public Comments There were no public comments. 5. Comments from the Staff Jeffry Rice noted that staff had a tour of the North Broadway area with the Historic Resources Commission (HRC) on September 7 with the purpose to continue the dialogue related to the creation of a historical district along the corridor. After the tour, a study session was held on the existing standards for the North Broadway Design Standards, the Midtown Specific Plan, and standards in the urban design element and professional zoning district. The HRC has recommended minor modifications to the North Broadway Design Standards and professional zoning district which will be brought to the Commission for recommendation to Council. PLANNING COMMISSION MINUTES 7 SEPTEMBER 10, 2007