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Mr. Pico asked how parking requirements would be addressed if there were a restaurant use. Mr. Swift said the plan as proposed indicates retail uses. The downtown zoning regulations allow restaurants to move into an existing building without providing any additional on-site parking. So once the building is constructed the use can be changed to a restaurant without any penalty. Mr. Pico referred to page 3 of the staff report and felt there was another interpretation available to Council which is that it could indicate that residential use on the second floor of this particular location as not desirable, without amending the entire specific plan and zoning code for downtown. Mr. Swift responded that the applicant has followed all policies established by Council. If Council does not want residential in this location, there is no other place for it in the downtown area and the policies should be changed. Staff tries to have developers follow Council policies and directions and when that has occurred and Council feels that is inappropriate, then staff believes it is appropriate to modify those policies. Mayor Tarver declared the public hearing open. Larry McColm, 5700 Stoneridge Mall Road #380, expressed appreciation for the fine design of Mr. Goldsworthy; nevertheless there are three issues of concern. He did not believe the parking ratio was calculated fairly. His building was calculated at a higher parking ratio. Even if the City acquires use of a portion of the Bank of America parking lot, that will not be useful for his business at 350 Main Street. He wanted a further public hearing on alternatives for fulfilling his in-lieu parking agreement other than the Bank of America lot. He suggested the Bank of America should donate the lot. He also complained that no in-lieu parking fee was paid for the Veterans Memorial Building. He believed the Southern Pacific lot behind the Panda restaurant should be improved with paving and striping and used as parking. Furthermore, that site could be used for an extension of the Farmers Market. He also suggested that office uses complement retail uses in that the offices close at 5:00 p.m. and the parking spaces can then be used by the retail uses. His next point was that this is a prime location for commercial activity and not suitable for apartments. He cited potential problems of noise affecting residents and children. In addition, he believed that the Main and Angela Street intersection is dangerous and felt there is a need for stop signs to be installed there. Mr. Swift clarified that no decision has been made on the in-lieu fees from the 350 Main Street building or any other public parking lot and there would be a full hearing on that issue before the Council. Ms. Mohr asked how much money was in the in-lieu parking fee fund. -6- 10/15/96