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Civic Center area, and the Delucchi Park on First Street. She added that eligible parcels <br />within this area can provide on -site amenity open to the public, subject to City Council <br />approval, in lieu of providing the required off - street parking, in furtherance of the Downtown <br />Specific Plan. <br />Ms. Stern outlined the procedure for the criteria and consideration of the onsite amenity <br />described in the Ordinance: <br />Requests shall be made in writing as part of a development or pre - development <br />application and include a conceptual design for the amenity. A hearing shall be <br />scheduled for consideration of the matter by the City Council, and the Council shall <br />consider whether or not the proposed amenity would meet the objectives of the <br />Downtown Specific Plan and whether or not to enter into an agreement with the <br />applicant to reduce parking requirements in exchange for the development of an <br />on -site amenity open to the general public. <br />2. The on -site amenity shall be open and accessible to the general public at all times, <br />and no portion of the amenity shall be restricted to the exclusive use of on -site <br />business customers only. <br />3. The on -site amenity should typically consist of a mini -plaza with seating, shade, <br />landscaping, lighting, and other pedestrian facilities. Other forms of amenities may <br />be considered by the City Council if consistent with the objectives of the Downtown <br />Specific Plan. <br />4. The value of the on -site amenity shall be equal to, exceed, or be less than, if <br />approved by the City Council, the amount of in -lieu parking fees. The value of the <br />on -site amenity shall be based on opportunity costs. <br />5. In the event the proposed on -site amenity is determined to be of lesser value than <br />the amount of in -lieu parking fees otherwise required, the developer shall enter into <br />an in -lieu parking agreement that pays the difference between the provided amenity <br />and the required fees into the in -lieu parking fund. <br />6. The on -site amenity shall be installed prior to the issuance of a certificate of <br />occupancy by the Chief Building Official. <br />7. The on -site amenity does not create any legal public easement or public property <br />interest, and the owner of the property remains responsible for all maintenance and <br />repair of the on -site amenity. <br />8. The on -site amenity, its requirement to be available to the general public, and the <br />parking waived by provision of the on -site amenity shall be memorialized in a <br />restrictive covenant recorded against the property. <br />PLANNING COMMISSION MINUTES, January 8, 2014 Page 4 of 13 <br />