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Mr. Pavan replied that the Commission has the flexibility to determine the parking ratio for a PUD, based upon several factors, including the ability to serve the types of uses proposed, hours of operation, etc. He added that the parking analysis is part of the traffic report. Commissioner Olson noted that staff appears to be still not in favor of the fueling station and inquired why it was moved. Mr. Pavan replied that if the fuel station is ultimately supported by the City, staff wants to ensure that it is attractive and complements the area and that its location does not conflict with the circulation on Bernal Avenue or between Bernal Avenue and the project. Commissioner Olson recalled that at the Commission’s last meeting of May 28, 2008, he raised a question regarding a development agreement for the project and inquired it this agreement has been completed. He added that if this is the case, he would like the Commission to review it. Mr. Pavan replied that there is an existing development agreement on the property which covers the previously approved project and which must be modified to allow for this project. He indicated that he would forward copies of the existing agreement to the Commission. Commissioner Blank stated that this would be of value because the Commission may want to review the proposed modifications to the agreement. Mr. Pavan advised that when the project is brought back for the formal recommendation, the revised development agreement would be attached to the staff report and would be part of the recommendation for Planning Commission action. Commissioner Blank recommended that the agreement be forwarded to the Commission prior to the recommendation being made as a development agreement will override the conditions of approval. Commissioner Olson stated that the Commission has experienced this with other projects where the development agreement is not in sync with what the Commission has recommended. He added that another item discussed at the May meeting is a fiscal analysis in which staff would be evaluating the impact of these businesses on other businesses in the City. He noted that the Commission had expressed concerns at that meeting regarding types of businesses in the complex versus similar businesses in the Downtown area to determine whether the City is setting up additional competition for businesses that are keeping the Downtown area viable. He inquired if this study has been done. Mr. Pavan replied that the fiscal analysis is underway and will be provided to the Commission along with other supporting documents. PLANNING COMMISSION MINUTES, October 14, 2009 Page 6 of 25