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4.O BACKGROUND 4.1 Riaz Hussain owns the property at 1901 Lexington Avenue, which has a Comprehensive Plan designation of Neighborhood Business (NB) and a zoning classification of Limited Business (B-1) District. 4.2 In 1997 Roseville's City Council adopted Resolution 9414, approving a cotvDlTIONAL usE PER�vttT for a veterinary clinic on the property. The primary condition of this approval states that the existing parking areas may be used only for employee parking but that: "The purking area[sJ along Autumn Street must be removed if the determination is made by the City that said parking area[s� creates [sicJ a safety hazard or adversely affects [sicJ the flow of traffic in this area. " Although the original language suggests a singular parking area, the aerial photographs from that time illustrate the presence of two paved areas and the Planning Commission minutes clearly indicate that the discussion includes removal of both parking areas. 4.3 As the Planning Commission and City Council were considering a subsequent application in March 2008 to approve the temporary use of the property as a deli, Public Works Department staff determined that the use of these parking areas accessing Autumn Street would, in fact, create a safety hazard and adversely affect the flow of traffic in the area given its close proximity to busy Lexington Avenue. Because of this determination, the Planning Commission recommended (and the City Council then required) the removal of these parking areas in compliance with the conditions of the 1997 approval. 4.4 The current request for CONDITIONAL USE PERMIT AMENDMENT has been prompted by the applicant's desire to leave the parking areas in place, using them for employee parking when necessary. 5.0 STAFF COMMENTS 5.1 During the Development Review Committee meeting on December 10, 2009 the Public Warks Director reconfirmed the determination that the use of the subject parking areas creates too great a potential for conflicts with traffic on Lexington Avenue, even though traffic volume on Autumn Street is relatively low and the use of the parking areas is expected to be light. 5.2 It should be noted that neither the existing business use on the property nor the previously approved deli would be expected to generate unusually large traffic volumes or parking demand given the size of the building and other site constraints, so it is not a special concern with these particular uses that has triggered enforcement of the parking-removal condition. Instead, staff has long recognized that any use of parking areas such as these would invite unnecessary risk, but staff had been unaware of the ability to require the removal of the paved areas before researching the property in conjunction with the deli proposal. 5.3 Section 1014.01 (Conditional Uses) of the City Code requires the Planning Commission and City Council to consider the following criteria when reviewing an application for new or amended CotvD�T�o1vAL usE approvals: • Impact on traffic; • Impact on parks, streets, and other public facilities; PF 10-002 RPCA 020310 Page 2 of 3 _...� �