HomeMy WebLinkAbout04-11-17 City Commission Packet Materials - Supplemental Memo Clarifying Car Share Condition
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Greg Sullivan, City Attorney
Karen Stambaugh, Assistant City Attorney
SUBJECT: Project 16432 (Black Olive) – Required findings and clarification of
staff’s recommended condition of approval related to car share program
MEETING DATE: April 11, 2017
AGENDA ITEM TYPE: Action (quasi-judicial)
As a part of its review of this application for site plan approval, the Commission must decide
whether the information presented in the application regarding the proposed car share program
(draft covenants, draft management plan, draft third-party agreement with car share service
providers, and the applicant’s written and oral representations regarding same) satisfy the criteria
in Administrative Policy 2007-01.
After considering the criteria listed in Administrative Policy 2017-01, the Commission must then
make findings regarding the sufficiency of the materials.
If the Commission finds that the materials presented do not satisfy the criteria in the
Administrative Policy, then the Commission must enter findings in the record that explain why
the materials were not sufficient. If this is the case, the Commission should then determine
absent the car share reduction whether the application complies with the parking requirements in
38.25.040.A.1.
Alternatively, if the Commission finds that the car share materials presented do satisfy the
criteria in the Administrative Policy, it must enter findings that explain why the materials are
sufficient. As always, the Commission may adopt staff’s findings in the report, make changes to
staff’s findings, or enter its own findings.
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Should the Commission find the car share materials comply with the Administrative Policy, Staff
in its report recommended the Commission attach the following condition to the site plan
approval: “If approved, the final executed agreements and materials related to the car
share program must be approved and in place prior to site plan approval. The site plan
must be approved prior to building permit issuance.” See staff report at page 13, Section
4(e).
We recommend clarifying the language of this condition to identify who must approve the final
executed agreements and materials related to the car share program, and to ensure the applicant
understands what must occur for this condition to be satisfied. We suggest a condition that
reads: “Prior to building permit issuance, final covenants, a final executed agreement
between the applicant and a third-party car share service provider, and a car share
management plan in a form acceptable to the City Attorney must be approved by the
Director of Community Development.”
As you know, staff recommends conditional approval of this site plan application. An approval
with conditions means that the site plan does not receive final approval until the review authority
determines the conditions have been satisfied and the plan is now fully compliant with all
applicable standards. Pursuant to 38.19.120.A, BMC, the final plan must be submitted within six
months, and applicant may seek an extension of not more than an additional six months. If all
the final materials required by the conditions of approval and 38.19.120 are not submitted, or the
applicant does not demonstrate the final plan is compliant with all applicable standards, the
conditional approval of the site plan would be void.
Report compiled on: April 6, 2017