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66 �� c>� E�! i; i� �2 73 ''� �, the existing conditional use permit as a possible final alternative to removing the pavement although staff would not be supportive of such an application. g. October 19, 2009: property owner again appeared before the City Council to state his intent to apply for an amendment to the effective conditional use permit. On the following day, staff sent a letter to the property owner requesting that the necessary land use application be submitted by November 6, 2009 to ensure the earliest possible resolution of the matter; the application was received on December 2"a 7� 4.5 The current request for CONDITIONAL USE PERMIT AMENDMENT has been prompted by the i� applicant's desire to leave the parking areas in place, using them for employee parking � c when necessary. 77 5.0 STAFF COMMENTS i� 5.1 During the Development Review Committee meeting on December 10, 2009 the Public i�� Works 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. s:� �j L �:, 86 �� �� �� 9,^, 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 �2 and City Council to consider the following criteria when reviewing an application for new 93 or amended CONDITIONAL USE approvals: 94 c; ��> q; gft cg �� ,, iC'. 1Q2 10? • Impact on traffic; • Impact on parks, streets, and other public facilities; • Compatibility of the site plan, internal traffic circulation, landscaping, and structures with contiguous properties; • Impact of the use on the market value of contiguous properties; • Impact on the general public health, safety, and welfare; and • Compatibility with the City's Comprehensive Plan. a. Impact on traffic: Public Works staff has determined that utilization of the parking areas unnecessarily increases the potential for traffic conflicts because of the close proximity with the high traffic volume of Lexington Avenue. �o� b. Impact on parks, streets and other public facilities: Aside from the above ';;: potential for conflict, Planning Division staff does not believe that the request to PF 10-002 RCA 022210 Page 3 of 5