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HomeMy WebLinkAbout505ORDINANCE NO. 505 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THAT DOCUMENT ENTITLED "AMENDMENT NO.2 TO DEVELOPMENT AGREEMENT NO.1 (1993) CONCERNING PROPERTY LOCATED AT 400 EAST LIVE OAK AVENUE, IRWINDALE, CALIFORNIA." A. Recitals (i) California Government Code § 65864 provides, in pertinent part, as follows: "The Legislature finds and declares that: "(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. "(b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development...." (ii) California Government Code § 65865(a) provides, in pertinent part, as follows: "Any city...,may enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article...." (iii) California Government Code § 65865.2 provides as follows: "A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent nrrMm.0r1 au:e) a INI rswO discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement...." (iv) Attached to this Ordinance, marked Exhibit "A" and incorporated herein by reference, is a proposed Amendment No. 2 to Development Agreement No. 1 (1993), concerning that real property generally located at 400 E. Live Oak Avenue, Irwindale, California, and as legally described within the attached Exhibit "A". Hereinafter in this Ordinance, that Amendment attached hereto as Exhibit "A" is referred to as "the Amended Development Agreement." (v) This City Council has heretofore adopted an ordinance applying the zone designation of M-2 - Heavy Manufacturing Zone upon the subject property. The proposed developer of the property and the City desire to provide through the Amended Development Agreement specific development options and controls on the site which will provide for maximum efficient utilization of the site in accordance with sound ! planning principles, all in accordance with the above -referenced provisions of law (the "Project" hereinafter). (vi) On February 15, 1996 and March 7, 1996, the Planning Commission of the City of Irwindale held a duly noticed public hearing concerning the proposed Amended Development Agreement and related environmental analysis and has recommended to this Council the adoption of the Amended Development Agreement. (vii) This Council has heretofore conducted a duly noticed public hearing concerning the potential adoption of the Amended Development Agreement and said public hearing was concluded prior to the adoption of this Ordinance. (viii) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Irwindale does ordain as follows: 1. In all respects as set forth in the Recitals, Part A, of this Ordinance. UIRWIMAMDORD2\16.7.A 2 V1 2. (a) The City Council of the City of Irwindale hereby finds that Negative Declaration No. ND96-19, was prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder and that this Council has reviewed and considered the information contained in said Negative Declaration with respect to the Project identified in this Ordinance and approves the Negative Declaration pursuant to § 15074(b) of the Guidelines. (b) The City Council hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed Project, no significant adverse environmental effects will occur. (c) The City Council finds that facts supporting the above- specified findings are contained in the Negative Declaration, the record of the proceedings before the Planning Commission, the staff report and exhibits, and the information provided to this City Council during the public hearing conducted with respect to the Project and the Negative Declaration. Mitigation measures have been made a condition of approval of said Project and are intended to mitigate and/or avoid environmental effects identified in the Negative Declaration. (d) The City Council hereby specifically finds and determines that, having considered the record as a whole, there is no evidence that the Project contemplated by the Amended Development Agreement, and as conditioned, will have the potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before this Council, this Council rebuts the presumption of adverse effect contained in § 753.5(d) of Title 14, California Code of Regulations. Notwithstanding the provisions of this paragraph, the applicant shall pay all fees required for the filing of a Notice of Determination and any fees imposed by the California Department of Fish and Game prior to the issuance of permits. LAIR W IN W MDORD2\16.7. A eo'" 3. This Council specifically finds that: (a) The location, design and proposed uses set forth in the Amended Development Agreement are compatible with the character of existing development in the vicinity; (b) The Amended Development Agreement will produce within the Project an environment of stable and desirable character, and will not tend to cause traffic congestion on surrounding streets; (c) The proposed Project will be well integrated into its setting; (d) Provision has been designed in the proposed Project for both private and public open spaces at least equivalent to that required by the Zone; and (e) The Amended Development Agreement conforms to the General Plan of the City of Irwindale. 4. It is expressly found that the public necessity, general welfare and good zoning practice require the approval of the Amended Development Agreement. This Council hereby approves the Amended Development Agreement attached hereto as Exhibit "A". 6. This Council hereby authorizes and directs the Mayor and City Clerk to execute the Amended Development Agreement on behalf of the City of Irwindale forthwith upon the effective date of this Ordinance. 7. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance or the Amended Development Agreement be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and the Amended Development Agreement shall remain in full force and effect. BIRWINWMDORD2U 6.7.A eo^ 8. It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance or to validate any condition of the Amended Development Agreement hereby adopted. Any person, firm, partnership or corporation violating any provision of this Ordinance or condition of the Amended Development Agreement or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance or conditions of the Amended Development Agreement is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance. 9. The violation of any of the provisions of this Ordinance or the Amended Development Agreement hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. 10. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this 13th day of May 1996. n LHRWINXAMDORD2V 6.7.A 'Mayor J/ W W I, DAVID A. CARETTO, City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Irwindale held on the 2 3rd day of April 1996, and was finally passed at a regular meeting of the City Council of the City of Irwindale held on the 13 th day of May , 1996, by the following vote: AYES: COUNCIL MEMBERS: Jacquelyn Breceda, Mayor Pro Tem Joseph Tapia and Mayor Raymond Chavez NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Councilmember Julian A. Miranda ABSTAINED: COUNCIL MEMBERS: Councilmember Patricio S. Miranda ATTEST: �mcJ City Clerk of the Cit o rrwindaleV UIRWIMAMDORD2V 6.7.A 6 Recorded At the Request of and When Recorded Mail To: David A. Caretto City Clerk City of Irwindale 5050 N. Irwindale Avenue Irwindale, California 91706 AMENDMENT NO.2 TO DEVELOPMENT AGREEMENT NO.1 (1993) CONCERNING PROPERTY LOCATED AT 400 EAST LIVE OAK AVENUE, IRWINDALE, CALIFORNIA THIS AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT NO. 1 (1993) is made and entered into as of the "Effective Date" set forth herein by and among NUWAY INDUSTRIES, INC., OAK KNOLL GROUP, IN-LINE SPORTS DEVELOPMENT CO., LLC, (collectively "Developer") and the CITY OF IRWINDALE, a municipal corporation organized and existing under the laws of the State of California ("City"). A. Recitals. (i) California Government Code § 65864, et seg. authorize cities to enter into binding development agreements, and amendment thereof, with persons having legal or equitable interests in real property for the development of such property. (ii) Developer owns all interest in and to that real property located entirely within City, the common and legal description of which is set forth in Exhibit "A," attached hereto and incorporated herein by this reference and hereinafter is referred to as "the Site." (iii) The Site is now subject to Development Agreement No. 1 (1993), approved by Ordinance No. 469 of City, adopted on June 24, 1993, as heretofore amended by that certain Amendment No. 1 approved by Ordinance No. 503 of City, adopted on January 25, 1996 (the "Agreement" hereinafter). Developer and City desire to provide through this Amendment to Development Agreement additional development controls on the Site which will provide for maximum efficient utilization of the Site in accordance with sound planning principles. LVRWINWMWDAV 6.7.A EXHIBIT "A" (iv) On May 13, 1996 , City adopted its Ordinance No. 505 thereby approving this Amendment to Development Agreement with Developer and said Ordinance was effective on June 13, 1996 NOW, THEREFORE, the parties hereto agree as follows: 1. Amendment to 81. Section 1 of the Agreement hereby is amended to read, in words and figures, as follows: 11 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: "a. `City' is the City of Irwindale. It. `Developer' is the NUWAY INDUSTRIES, INC., OAK KNOLL GROUP, INC., and IN-LINE SPORTS DEVELOPMENT CO., LLC, or any assignee thereof NUWAY has heretofore succeeded to the interests of L.A. INTERNATIONAL MARKETPLACE, INC. "c. `Development Plan' are those plans and specifications attached hereto, marked as Exhibits `13% `B-1' and `B-2' and incorporated herein by this reference, and comprised of the documents including, but not limited to, a final site plan (including design elevations). The Development Plan attached hereto includes various conditions of approval set forth in Exhibits `C', `C-1' and `C-2', which are hereby incorporated by reference and thus made applicable to the Project. The Project also includes the records of applications by Developer, the proceedings before the Planning Commission and City Council, and all such records and files in these matters are incorporated herein by this reference as though set forth in full. "d. `Project' is that development approved for the Site as provided in this Development Agreement comprised of an open air market, racetrack, skate park and rink, and related facilities, and affiliated uses all as reflected in the Development Plan attached hereto as Exhibits `13% `B-1' and `B-2', and the conditions set forth in Exhibits `C', `C-1' and `C-2'. "e. `Effective Date' shall mean the 31 st calendar day following adoption of the ordinance approving the Agreement by City's City Council." L\IRWIN\AMD2DA\I 6.7.A 2 e'"` 2. Effective Date of Amendment. For purposes of this Amendment No. 2 the term `Effective Date" shall mean the 31 st calendar day following adoption of the ordinance approving this Amendment by City's City Council. 3. Addition to & 7. Section 7 of the Agreement hereby is amended by the addition of a new paragraph then to read, in words and figures, as follows: "Developer shall commence construction work for Phase 1 of the skate park and related facilities on the Site, including, but not limited to, mitigation requirements, landscaping and all off-site improvements, pursuant to a building permit or permits issued by City within six (6) months following the Effective Date of Amendment No. 2. Notwithstanding any other term or provision hereof, Developer shall complete all of said construction within one (1) year following the date upon which construction. Failure to construct the skate park and related facilities in a timely fashion shall cause approval thereof pursuant to Amendment No. 2 to be void and of no further force and effect. If Developer is delayed, prevented or hindered from timely performance under this paragraph (as added by Amendment No. 2) because of acts of City, acts of God, adverse weather, inability to procure or general shortage of labor, materials, equipment or supplies in the open market, strike, unusual delay in transportation, law, rules, regulations, or orders of State or Federal authorities, such performance shall be excused for the period of the delay, and the period for such performance shall be extended for a period equivalent to the period of such delay." 4. Amendment to Exhibit "C". A. Section III of Exhibit "C" hereby is amended by the addition of a new section H to read, in words and figures, as follows: "H. Commercial Recreation uses, not of a temporary nature, as defined in Exhibit `C-2', may be approved pursuant to the City's conditional use permit procedure, as the same may be amended from time to time. With regard to any proposed application hereunder, in addition to any other findings required, findings shall be made relative to the compatibility of any such proposed use with the existing uses on site, traffic and circulation (including pedestrian ingress/egress) and supervision/security." 5. Attorneys' Fees. In any proceedings arising from the enforcement of this Amendment or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees incurred during the proceeding as may be fixed within the discretion of the court. LVRWIMAMD2DA\I 6.7.A 6. Binding Effect. The Agreement, as amended herein, shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors and assigns, wherever the context requires or admits. 7. Applicable Law. This amendment shall be construed in accordance with and governed by the laws of the State of California. 8. Partial Invalidity. If any provisions of the Agreement as amended hereby shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 9. Survival of Provisions. Except as specifically modified herein, each and every term and provision of the Agreement shall remain in full force and effect. 10. Recordation. This Amendment shall, at the expense of Developer, be recorded in the Official Records of the County Recorder of the County of Los Angeles within ten (10) business days following the Effective Date. IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective Date set forth hereinabove. Dated: LIRW[N\AMD2DAU 6.7.A CITY OF IR a municipal c M ATTEST: Camille Diaz, Depu7 ity Clerk City of Irwindale go DEVELOPER: NUWAY INDUSTRIES, INC. Dated: By By IN-LINE SPORTS DEVELOPMENT CO., LLC Dated: By By OAK KNOLL GROUP, INC. Dated: By By LIRWINMAMD2DAU 6.7.A a State of California ) ) ss. County of OA�Q cA�\n \ before me, C�Q� �. �AAUs personally appeared SNxc,\ `mv,,6 o� personally known to me of PF-eved so ins on khe basis of SO., to be the person(4b) whose name(*) ism subscribed to the within instrument and acknowledged to me that he/AeAhey executed the same in his/hop4mir authorized capacity(ies), and that by his/harAikeir signature(*) on the instnunent the entity upon behalf of which the person( acted, executed the instrument. Witness my hand and official seal. HHFMI P. LJ�B COMA. ♦ 1061368 i QMV Notary Pub9c — Cotl6mioiLOS ANGELES COUNTY Comm. Eq*N FEB 13.1999 State of California ) ss. County of On before me, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. L\IRWIN\AMD2DAU 6.7.A e004' W State of California ss. County of On before me, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. State of California ) ss. County of On before me, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. WRW[N\AMD2DAV 6.7.A �^ Exhibit "B-2" DEVELOPMENT PLANS Amendment No.2 to Development Agreement No.1 Case No.96-1-DA r°, 29 IFAC FqV4 Skate Park Irwindale, CaL Presented by Gravity Research Inc. r, ,, Gravity Research Inc. is proud to present The Edge Skate Park. A 40,000 sq. foot in-line skating facility for the entire family. Catering to everybody from beginner to expert, as well as youth to adult. The facility is located on the grounds of the Irwindale International Event Center. The complex is separated by fencing from all other functions of the event center. It is not possible for patrons that attend the swap meet to have accesses to the skate complex. The facility will serves approximately 25-75 patrons daily. The park will be a large supervised region were in-line skaters of all ages can participate. There will be several different types of apparatus for the skaters to practice their skills. Including two large 1/2 pipes, and an assortment of other ramps. A unique aspect to the facility will be it's true to life street seen. Including everything you may find in a neighborhood curbs, sidewalks, planters, park benches ect... In-line skaters and skate boarders are attracted to such urban settings. All apparatus are portable and non permanent. The park will be continuously supervised. There will be stationary supervisors at the skating apparatus, as well as roaming skate guard supervisors that will patrol the entire facility. Supervisors will monitor all skaters to make sure they are not exceeding their ability and to teach safety. Employee supervisors are trained in first aid and CPR. They will also be certified by the International In-line Skating Association. The 1. 1. S.A. is the governing body for in-line skating industry. Gravity Research Inc. and Rollerblade Inc. will be using the park to hold several types of instructional clinics. Including Camp Rollerblade. A hands on technique and training instructional program. Other Blade School clinics will teach fundamentals of in-line skating to all ages and skill levels. For the new comers to in-line skating, Rollerblades and safety equipment will be provided. Privet instruction as well as small group lessens be be available by appointment. There will be bleachers thought out the park for family and spectator viewing. The park will have a staffed pro shop and service center, a snack bar serving hot food and cold drinks. A tree shaded food court area with tables, as well as restrooms, pay phones, and water fountains. A second phase to the facility is being reviewed to include a roller hockey rink. According to the National Sporting Goods Association, the worlds largest sporting goods trade association, roller hockey participation has jumped dramatically from 1993 to 1994. The number of participants age 7 to adult nation wide soared from 1.5 million to 2.2 million, a 50.3 percent increase. The N.S.G.A. also states that in-line skating and roller hockey has grown more then 400 percent in the last four years.This kind of interest has raised the need for more recreational skating areas as well as roller hockey rinks. The rink itself is made to be portable. A 180 ft. x 80 ft. metal framed unit with thick plastic boards lining the inside. The playing surface is an epoxy painted finish sprayed over the existing asphalt. Bleachers will be located around the rink for the family and spectators. Leagues for children are broken down by age groups. 6 and under, 7 to 9 ect... up (� to age 17. Also there will be teams formed from local high schools as part of the rapidly growing High School In-line Hockey League of Southern California. Proper protection r^ Gravity Research Inc. is proud to present The Edge Skate Park. A 40,000 sq. foot in-line skating facility for the entire family. Catering to everybody from beginner to expert, as well as youth to adult. The facility is located on the grounds of the Irwindale International Event Center. The complex is separated by fencing from all other functions of the event center. It is not possible for patrons that attend the swap meet to have accesses to the skate complex. The facility will serves approximately 25-75 patrons daily. The park will be a large supervised region were in-line skaters of all ages can participate. There will be several different types of apparatus for the skaters to practice their skills. Including two large 1/2 pipes, and an assortment of other ramps. A unique aspect to the facility will be it's true to life street seen. Including everything you may find in a neighborhood curbs, sidewalks, planters, park benches ect... In-line skaters and skate boarders are attracted to such urban settings. All apparatus are portable and non permanent. The park will be continuously supervised. There will be stationary supervisors at the skating apparatus, as well as roaming skate guard supervisors that will patrol the entire facility. Supervisors will monitor all skaters to make sure they are not exceeding their ability and to teach safety. Employee supervisors are trained in first aid and CPR. They will also be certified by the International In-line Skating Association. The I.I.S.A. is the governing body for in-line skating industry. Gravity Research Inc. and Rollerblade Inc. will be using the park to hold several types of instructional clinics. Including Camp Rollerblade. A hands on technique and training instructional program. Other Blade School clinics will teach fundamentals of in-line skating to all ages and skill levels. For the new comers to in-line skating, Rollerblades and safety equipment will be provided. Privet instruction as well as small group lessens be be available by appointment. There will be bleachers thought out the park for family and spectator viewing. The park will have a staffed pro shop and service center, a snack bar serving hot food and cold drinks. A tree shaded food court area with tables, as well as restrooms, pay phones, and water fountains. A second phase to the facility is being reviewed to include a roller hockey rink. According to the National Sporting Goods Association, the worlds largest sporting goods trade association, roller hockey participation has jumped dramatically from 1993 to 1994. The number of participants age 7 to adult nation wide soared from 1.5 million to 2.2 million, a 50.3 percent increase. The N.S.G.A. also states that in-line skating and roller hockey has grown more then 400 percent in the last four years.This kind of interest has raised the need for more recreational skating areas as well as roller hockey rinks. The rink itself is made to be portable. A 180 ft. x 80 ft. metal framed unit with thick plastic boards lining the inside. The playing surface is an epoxy painted finish sprayed over the existing asphalt. Bleachers will be located around the rink for the family and spectators. Leagues for children are broken down by age groups. 6 and under, 7 to 9 ect... up to age 17. Also there will be teams formed from local high schools as part of the rapidly growing High School In-line Hockey League of Southern California. Proper protection ,.., is required on all participants, including helmet , face mask, shoulder pads, elbow pads, gloves, padded pants, knee and shin guards. Coaching and supervision is provided for all teams. The adult leagues, 18 years and up are broken down in three skill levels. Bronze for beginners, silver for intermediates, and gold for expert. There is no contact or checking allowed at any level. Adult participants must wear all the protective gear as well. Adult games will be played mostly midweek afternoons and evening, youth games will be played on weekends. Along with regular league play there will be instructional clinics, and camps for children which will teach proper technique and safety. To encourage participation there will also be introduction to roller hockey clinics, new comers to the sport will learn all the rules and basic skills to roller hockey in free mini camps. The emphases is always on fun and safety at all levels. It is our goal for The Edge Skate Park complex to be known as a safe entertaining skating facility that the entire family can enjoy. Rd r"` O C) co Q X U C C 0 w check in & snacks entrance se10 ating area 7E pro shop 0 0 w a� f� RINK 20,000 SQ FT PHASE 2 e'o"` Exhibit "C-2" CONDITIONS OF APPROVAL Amendment No.2 to Development Agreement No.1 Case No.96-1-DA 1. The provisions of Development Agreement No. 1 shall apply in all respects to a skate park and specifically the proposed skate park. The Development Agreement shall be amended to permit "skate parks" as defined in Case No. 96 -1 -DA and conditioned as follows. 2. The use of the skate park shall be limited to that proposed in this application. A Management Program shall be prepared by the Applicant that incorporates a Security Plan and the other management planssAlifor in these conditions of approval. Any unforeseen effects upon the community maybe grounds for evaluation of this operation and possibly additional operation or development requirements as warranted. Any changes, intensification or modifications to this facility shall require the prior approval of the Planning Commission and/or/ City Council. 3. A parking management plan, reasonably satisfactory to the City Planner and City Engineer, shall be prepared to identify the manner in which on-site parking will be utilized. Because of the lack of pedestrian facilities on Live Oak Avenue, directional signing satisfactory to the City Engineer shall be provided to insure all access to this facility is from on-site areas. 4. Construction of the improvements within the public right-of-way shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 5. Applicant shall obtain a valid permit from the Irwindale Building Department for the construction of the proposed development in conformance with the submitted plans which are hereby incorporated and made part of this Resolution and designated as Exhibit "B". Construction plans for the property shall include, but are not limited to site plans, floor plans, elevations, grading plans, landscape plans, and fencing and wall plans. 6. Applicant hereby agrees to pay all required plan check and building permit fees for the construction of the proposed development. 7. The development of this property shall conform to the plans as finally approved by the City as conditioned herein, and any appreciable modification shall require the prior approval of the Planning Commission and/or City Council. 8. A site plan of the proposed development shall be approved by the City Planner prior to issuance of grading or building permits. 1 P. , 9. Prior to issuance of an occupancy permit, all applicable conditions and all improvements shall be completed to the satisfaction of the City. 10. A lighting plan shall be prepared, subject to the approval of the City Planner to provide a plan for identification of the type and placement of all on-site project related lighting. Such plan shall include remediation measures to correct any deficiencies in the plan, which deficiencies permit the intrusion of fugitive light in a manner detrimental to the area. 11. The time of events and use of this facility may be 10 a. m. to 10 p.m. seven days a week. 12. Public address equipment shall be subject to the review and approval of the City Planner. This use is not to utilize sound systems for the purpose of playing music or otherwise providing audio entertainment. 13. When not ope&tting at the same time with other events on this site, the access to the skate park shall/defined and limited so as not to provide general access to the other areas of the LAIM site. An access management plan to implement the above shall be submitted to the City Planner for review and approval. 14. Other Commercial Recreation Uses, defined as, sports and recreational facilities, including family entertainment/amusement centers, golf courses and driving ranges, eo"�' miniature golf courses, sports arenas, skating rinks, motorized and non -motorized vehicle racing, and other similar commercial establishments that facilitate spectator/participant amusement or sports activities may be permitted subject to the approval of a conditional use permit and compliance with other applicable provisions of the municipal code. 2