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DRAFT 1. Requests shall be made in writing as part of a development or pre-development application and include a conceptual design for the amenity. A hearing shall be scheduled for consideration of the matter by the City Council, and the Council shall consider whether or not the proposed amenity would meet the objectives of the Downtown Specific Plan and whether or not to enter into an agreement with the applicant to reduce parking requirements in exchange for the development of an on-site amenity open to the general public. 2. The on-site amenity shall be open and accessible to the general public at all times, and no portion of the amenity shall be restricted to the exclusive use of on-site business customers only. 3. The on-site amenity should typically consist of a mini-plaza with seating, shade, landscaping, lighting, and other pedestrian facilities. Other forms of amenities may be considered by the City Council if consistent with the objectives of the Downtown Specific Plan. 4. The value of the on-site amenity shall be equal to, exceed, or be less than, if approved by the City Council, the amount of in-lieu parking fees. The value of the on-site amenity shall be based on opportunity costs. 5. In the event the proposed on-site amenity is determined to be of lesser value than the amount of in-lieu parking fees otherwise required, the developer shall enter into an in-lieu parking agreement that pays the difference between the provided amenity and the required fees into the in-lieu parking fund. 6. The on-site amenity shall be installed prior to the issuance of a certificate of occupancy by the Chief Building Official. 7. The on-site amenity does not create any legal public easement or public property interest, and the owner of the property remains responsible for all maintenance and repair of the on-site amenity. 8. The on-site amenity, its requirement to be available to the general public, and the parking waived by provision of the on-site amenity shall be memorialized in a restrictive covenant recorded against the property. Ms. Stern stated that the staff report includes a parking study which concluded that parking is tight on Main Street and some of the adjacent side streets during some of the peak times, particularly on weekday evenings, weekday afternoons, and Saturday afternoons, but that parking is available along the Transportation Corridor and on parts of Peters Avenue and farther out areas. She noted that Mike Tassano, City Traffic Engineer, is present to respond to any questions. DRAFT EXCERPT: PLANNING COMMISSION MINUTES, 1/8/2014 Page 2 of 11