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In response to an inquiry by Acting Chairperson Fox regarding what would happen if no building perniits were pulled and the land was sold in five years, Mr. Pavan replied that if no permits were pulled within a year, the approvals would expire. The Code allows for design review approvals two one-year extensions, for a total of three years. Commissioner O'Connor proposed an amendment to condition a parking analysis for any parking intensive uses with zoning certificate and/or business license applications to ensure that there was adequate parking to accommodate future uses. Ms. Decker noted that was a current planning practice to accommodate more parking for intensive uses. Commissioner O'Connor wished to address further traffic mitigation on Valley Avenue. Commissioner Blank inquired whether additional traffic mitigation fees could be required if the traffic mitigation measures did not work. Ms. Decker replied that would not be possible and that mitigations would be based on the current traffic analyses. Ms. Harryman noted that this addressed a nexus between the money the City could exact from the project based on the traffic study and that it was not subject to negotiation. Commissioner Olson inquired whether the Planning Commission could strongly recommend to the City Council that they direct some of the funds exacted from this project to specifically address mitigations on Valley Avenue. Ms. Decker confirmed that would be possible. Commissioner Olson recommended that this be added to the conditions. In response to an inquiry by Acting Chairperson Fox regarding whether any off-site improvements could be placed on the developer, Ms. Decker did not believe there were any target areas that had not been enumerated for consideration of mitigation as related to the project. THE PUBLIC HEARING WAS RE-OPENED. Mr. Coda inquired whether Commissioner Pearce intended to recommend the adoption of the peer review architectural items that staff did not recommend. Commissioner Pearce replied that was her intention. THE PUBLIC HEARING WAS CLOSED. EXCERPTS: PLANNING COMMISSION MINUTES, December 13, 2006 Page 15 of 16