75B - PH - AMEND DEVELOPMENT AGMT 2005-02

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Amend DA No. 2005-02, CUP No. 2011-05 VA No. 2011-04, SPR No. 2011-01 March 14, 2011 Page 5 • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. The Specific Development No. 76 (SD-76) zoning district, specifically Sections 5 and 7 (Conditional Permitted Uses in Zones 1 and 2), identify uses conditionally permitted within the MacArthur Place South zoning district. Included as conditionally permitted uses are multi-family residential uses, outdoor farmers markets, full-service cafes and restaurants, and retail and service uses. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The project will provide a service or facility which will contribute to the community. The project is located within a master planned development that is suitable for the proposed use. The proposed project is a continuation of the "urban village" concept underway at MacArthur Place South and will provide a service to the community by providing high-quality residential project that will enhance the property values of the surrounding neighborhoods. Conditions of approval have been included to ensure the quality and the attractiveness of the overall design which will contribute to the general well being of the community. • The proposed multi-family residential use will not be detrimental to persons residing and working in the area as the short-term and long-term unavoidable adverse impacts identified in the certified environmental impact report (EIR) will be mitigated to a level of insignificance. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2004-02 as well as the addendum to the EIR. • The proposed use will not adversely affect the economic stability of the MacArthur Place South development area but will enhance the future economics of the area. The multi-family residential component will provide a customer base to the retail and restaurant uses of the surrounding community, which will reinforce the economic viability of the project. 75B-7