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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />APRIL 4, 2011 <br />TITLE: <br />PUBLIC HEARING - AMENDMENT TO <br />DEVELOPMENT AGREEMENT NO. 2005-02, <br />CONDITIONAL USE PERMIT NO. 2011-05, <br />VARIANCE NO. 2011-04 AND SITE PLAN <br />REVIEW NO. 2011-01 FOR A NEW MULTI- <br />FAMILY RESIDENTIAL DEVELOPMENT AT 100- <br />140 EAST MACARTHUR BOULEVARD - LYON <br />COMMUNITY DEVELOPMENT, APPLICANT <br />CITY MANAGER <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />? As Recommended <br />? As Amended <br />? Ordinance on 15' Reading <br />? Ordinance on 2"d Reading <br />? Implementing Resolution <br />? Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />RECOMMENDED ACTION <br />1. Adopt a resolution approving the Addendum to the Final Environmental Impact Report No. <br />2004-02 and approve the Mitigation Monitoring and Reporting Program. <br />2. Adopt an ordinance approving the fourth amendment to Development Agreement No. 2005- <br />02. <br />3. Adopt a resolution approving Conditional Use Permit No. 2011-05 as conditioned. <br />4. Adopt a resolution approving Variance No. 2011-04 as conditioned to allow tandem parking. <br />5. Adopt a resolution approving Site Plan Review No. 2011-01 as conditioned. <br />PLANNING COMMISSION ACTION <br />On March 14, 2011, the Planning Commission recommended that the City Council adopt a <br />resolution approving the Addendum to the Final Environmental Impact Report No. 2004-02 and <br />approve the Mitigation Monitoring and Reporting Program; adopt an ordinance approving the fourth <br />amendment to Development Agreement No. 2005-02; adopt a resolution approving Conditional Use <br />Permit No. 2011-05 as conditioned; adopt a resolution approving Variance No. 2011-04 as <br />conditioned to allow tandem parking; and adopt a resolution approving Site Plan Review No. 2011- <br />01 as conditioned by a vote of 7:0 to allow the construction of a new multiple family residential <br />development at 100-140 East MacArthur Boulevard located in the Specific Development No. 76 <br />(SD-76) zoning district (Exhibit A). The Planning Commission modified Planning Division <br />Condition Nos. 5, 6, 13, and 25 and Police Department Condition Nos. 2 and 4 as well as deleted <br />Police Department Condition Nos. 1, 3 and 6 of Conditional Use Permit No. 2011-05. The <br />changes were made to clarify the conditions of approval and to provide the applicant with the <br />ability to submit alternate building materials and security measures for review. <br />75B-1