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