HomeMy WebLinkAboutAGENDA REPORT 2003 1001 CC REG ITEM 08DTO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
ITEM 9 .D.
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CC).. r t5e-
Barry K. Hogan, Community Development Direct
Prepared By: Joseph F. Fiss, Principal Plann
September 17, 2003 (CC Meeting of 10/01/03)
SUBJECT: Consider Minor Modification No. 1 to Major Modification
No. 3 to CPD No. 89 -01 Requesting Approval of Two (2)
Outdoor Swimming Pools, Restroom Facilities and a
Recreation Area Associated with an Existing Health Club
Located at 543 W. Los Angeles Avenue (Mission Bell
Plaza) .
BACKGROUND
On November 6, 2002, th
No. 3 to CPD no. 89 -01.
to the former theater
fitness /sports club, an
maximum of 500 stadium
decking and fencing.
e City Council approved Major Modification
Said approval allowed tenant improvements
building, creating a 26,000 square -foot
8,500 square -foot 3- theater cinema with a
seats, and an outdoor swimming pool with
The applicant is now requesting a modification of the design of the
outdoor swimming pool area to accommodate an agreement with the
Moorpark Unified School District (MUSD) to allow practice and swim
meets at the fitness /sports club. The new proposal calls for two
(2) pools: a competitive swimming pool with bleachers and a lap
pool. A spa, sauna, play yard and storage, restroom, and office
building are also proposed in the pool area.
Any use other than MUSD swim events and use of the facility by club
members may result in the requirement for a subsequent Modification
or Permit Adjustment. Private swim meets, swimming parties or
similar events have not been considered in the analysis of this
application.
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DISCUSSION
Project Setting
Mission Bell Plaza is an existing commercial retail center on the
north side of Los Angeles Avenue, west of Park Lane. The north
side of the site contains an unimproved pad which was originally
planned to accommodate an expansion of the movie theater. This pad
is the site of the proposed outdoor pool facility.
Proposed Project
Site Improvements:
The completed tenant improvements consist of a 26,000 square foot
fitness /sports club with an 8,500 square foot, 3- theater cinema
with a maximum of 500 seats within a former 8 -plex theater
building. Completion of improvements to the interface between
Poindexter Park and the parking lot has not yet occurred. This
item is discussed in detail in the analysis section.
The new proposal calls for a 48 -foot by 75 -foot competitive
swimming pool with bleachers, a 24 -foot by 60 -foot lap pool, a spa,
a sauna, a play yard, and a 35 -foot by 49.33 -foot office, storage,
and restroom building. The new pool facility is designed so that
it can be used for swim meets. The proposed improvements would be
built within an approximate 150 foot X 120 foot area surrounded by
a decorative block wall. Access for gym members would be through
the building, whereas access for swim meets would be through a gate
on the north side of the facility. There will be safety /security
lighting attached to the building, which will be required to meet
the City's lighting ordinance. At this stage of plan development
the conceptual design of the project complies with accessibility
and drainage standards.
Architecture:
A 1726.55 square foot office /storage /restroom structure is proposed
to serve the pool area. The architecture and materials are
proposed to match the existing building, including the roof tile.
Additionally, a ten foot (10') high perimeter block wall with
tubular steel gates is proposed. The block is proposed to match
the block material of the existing and proposed buildings. Vine
pockets and perimeter landscaping are proposed to provide visual
relief along the block walls.
Parking:
The tenant improvements approved under Major Modification 3 and the
new accessory structure require 236 parking spaces as follows:
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October 1, 2003
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Use
Parking Required
Parking Provided /(Lost)
Health Club /Spa
87
26,000 sf /300
Theaters
143
714
500 seats /3.5
(includes 21 compact)
(includes 107 compact)
Office /Restrooms
6
(36)
1726.55/300
(for expanded outdoor area)
Total
236
678
(includes 21 compact)
(includes 107 compact)
Parking is discussed in detail in the analysis section.
ANALYSIS
Staff's analysis of the proposed project has identified the
following areas for City Council consideration:
• Completion of improvements to the interface between Poindexter
Park and the parking lot
• Parking
Completion of improvements to the interface between Poindexter Park
and the parking lot:
A paved walkway connecting the terminus of the sidewalk on Lassen
Street to the pedestrian access at Poindexter Park was constructed
as a Condition of Approval of Major Modification 3. This was done
to mitigate vehicle and pedestrian conflicts and provide safe
pedestrian access to Mission Bell Plaza and Poindexter Park.
Another Condition of Approval from Minor Modification 3 related to
the enhancing of the interface between this site and Poindexter
Park with decorative elements that would clearly define the park
entrance remains to be met and has been restated as part of this
Modification. Decorative elements could include a combination of
decorative paving, boulders, pilasters or bollards. The connection
and interface shall be designed to the satisfaction of the
Community Development Director and Community Services Director. A
special condition has been added.
Parking:
The theater was originally approved with 2,500 fixed seats, which
required a total of 714 parking spaces. At that time, 107 compact
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parking spaces (fifteen percent (150) of the required parking
spaces for the theater) were permitted, consistent with the Zoning
Ordinance. With the smaller theater, a lesser number of compact
spaces will be allowed. In the Major Modification process a
Condition of Approval had been added to require that the parking
lot be re- striped to reflect this change. However, after a careful
assessment of the parking lot, the Community Development Director
determined that the parking lot could not be reasonably re- striped
and concluded that the compact spaces could remain as legal non-
conforming parking spaces because they are provided in excess of
any required standard parking spaces.
Thirty -six (36) additional parking spaces are proposed to be
eliminated in order to accommodate the competitive pool, bleachers
and office, reducing the total number of parking spaces to 678.
A ten foot (10') wide bus loading and unloading zone is proposed
along the northern side of the building. This zone will accommodate
swim teams and keep bus traffic separate from driveways and parking
spaces.
An increased demand for parking may occur during swim meets. Each
set of bleachers comfortably holds approximately 40 people. Given
eight (8) sets of bleachers as shown, at maximum capacity, there
may be a maximum of up to 320 spectators in attendance at any one
(1) swim meet. Staff has discussed this issue with the Moorpark
Unified School District (MUSD). MUSD has indicated that a maximum
of approximately 100 swimmers participate in any one (1) meet,
arriving in two (2) buses. Additionally there are typically about
100 additional spectators, usually parents who arrive by private
vehicle. Swim meets are held on weekdays from 3:00 to 5:00 p.m.
Given an excess of 442 parking spaces, there will be no measurable
impact on parking.
ENVIRONMENTAL DETERMINATION
A Final Environmental Impact Report (EIR) was certified and two (2)
Addenda were previously prepared for the approved CPD (Mission Bell
Plaza and Greenleaf Apartments). The California Environmental
Quality Act (CEQA) allows the preparation of an EIR Addendum when
the modifications to a project would not require major revisions to
the EIR, due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously
identified effects. The decision to prepare an Addendum must be
supported by substantial evidence. In this case, tenant
improvements and a change in use would occur within and adjacent to
an existing building. No significant impacts or substantial
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October 1, 2003
Page 5
increases in the severity of previously identified effects from
this modification are expected. The application and its exhibits,
along with this staff report provide sufficient and substantial
evidence to constitute a third Addendum to the Mission Bell Plaza
Final EIR.
STAFF RECOMMNDATIONS
1. Open the public hearing, accept public testimony, and close
the public hearing;
2. Adopt Resolution No. 2003- approving Minor Modification 1
to Major Modification 3 to Commercial Planned Development No.
89 -01, subject to Conditions of Approval.
Attachments:
1. Site Map
2. Draft City Council Resolution approving Minor Modification No.
1 to Major Modification No. 3 to Commercial Planned
Development No. 89 -01, with Conditions of Approval.
3. Architectural Exhibits (Site /Floor Plan, Detailed Site Plan,
Elevations) .
000059
AVE.
ATTACHMENT 1
Location Map
LOS ANGELES
42 RS 45
F Ir i 1
B
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION
NO. 1 TO MAJOR MODIFICATION NO. 3 TO COMMERCIAL
PLANNED DEVELOPMENT PERMIT NO. 1989 -01 LOCATED AT
543 W. LOS ANGELES AVENUE, ON THE APPLICATION OF
MOORPARK CLUB, LLC. (ASSESSOR PARCEL NOS. 511 -0-
080 -645)
WHEREAS, at a duly noticed public hearing on October 1,
2003, the City Council considered Minor Modification No. 1 to
Major Modification No. 3 to Commercial Planned Development Permit
(CPD) No. 1989 -01 on the application of Moorpark Club, LLC to
allow two (2) outdoor swimming pools, restroom facilities and a
recreation area associated with an existing health club located
at 543 W. Los Angeles Avenue within the Mission Bell Plaza
shopping center (Assessor Parcel No. 511 -0- 080 -545); and
WHEREAS, at its meeting of October 1, 2003, the City Council
conducted a public hearing, received public testimony, and closed
the public hearing.
WHEREAS, the City Council after review and consideration of
the information contained in the staff report and public
testimony has reached a decision on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: A Final
Environmental Impact Report (EIR) was certified and two (2)
Addenda were previously prepared for the approved Commercial
Planned Development (Mission Bell Plaza and Greenleaf
Apartments). The change of use will not result in a significant
physical change in the environment and therefore, does not
require any further environmental documentation. The application
and its exhibits, along with the City Council staff report,
provide sufficient and substantial evidence to constitute a third
Addendum to the Mission Bell Plaza Final EIR.
SECTION 2. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based
upon the information set forth above, it has been determined that
this application with the special conditions and attached
standard Conditions of Approval meets the requirements of the
City of Moorpark, Municipal Code Section 17.44.030 in that:
A. The proposed use is consistent with the intent and
provisions of the City's General Plan, and Title 17 of the
Municipal Code.
ATTACHMENT 2
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Resolution No. 2003 -
Page 2
B.
The proposed use is compatible with the character
of the
surrounding development.
C.
The proposed use will not be obnoxious or harmful or
impair
the utility of the neighboring properties or uses.
D.
The proposed use will not be detrimental to the
public
interest, health, safety, convenience, or welfare.
E.
The proposed use is compatible with the scale,
visual
character and design of the surrounding properties, designed
so as to enhance the physical and visual quality
of the
community, and the structure has design features
which
provide visual relief and separation between land uses of
conflicting character.
SECTION 3. CITY COUNCIL APPROVAL: The City Council hereby
approves Minor Modification 1 to Major Modification 3 to CPD No.
1989 -01:
A. Subject to the following special Conditions of Approval:
1. All findings and conditions of CPD Nos. 1989 -01 and
1989 -02 and all subsequent Minor or Major Modifications
shall remain binding and in full force, except as
modified by these conditions.
2. All compact parking spaces shall remain and be labeled
with the words "COMPACT ONLY" at the rear of the
parking space, adjacent to the aisle. The lettering
shall be 8- inches high. Any future expansion of the
center shall be subject to a redesign of the entire
parking lot that would configure all parking spaces
such that they would all meet parking standards in
effect at that time.
3. All proposed signs, including use of the marquee sign,
shall be reviewed and subject to approval by the
Community Development Director. If necessary, upon
application by the property owner or owner's
representative, the Community Development Director may
modify the existing Sign Program.
4. The approval of this Minor Modification to the CPD
shall not be construed as a consent to any alternative
use of the property within the meaning of Section 312
of the Disposition and Development Agreement (DDA), as
amended.
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Resolution No. 2003 -
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5. Prior to the issuance of a Zoning Clearance for the
building permit for the pool the interface between the
site and Poindexter Park shall be enhanced with
decorative elements that will not only, clearly define
the park entrance but will also discourage vehicles
from parking and blocking the entrance. Decorative
elements could include a combination of decorative
paving, boulders, pilasters or bollards. The interface
shall be designed to the satisfaction of the Community
Development Director and Community Services Director.
6. Prior to the issuance of a Zoning Clearance for the
building permit for the pool the applicant shall submit
a Landscape Plan for review and approval, along with
the required fees for review and inspection. Approval
of the Landscape Plans shall be to the satisfaction of
the Community Development Director. All landscaping
shall be installed prior to the certificate of
occupancy of the pool and pool buildings.
7. The approval of this Minor Modification includes use of
the pool area for the Moorpark Unified School District
swim teams and water polo teams. The use of the pool
facility is for the practice and meets for these teams,
as specified in this report. Any change to the use of
the pool area including, but not limited to, operation
of the pool facility independently from the gymnasium,
special pool events, or expanded use by the Moorpark
Unified School District or use by other private or
public schools shall require prior approval of the
Community Development Director or City Council,
depending upon the significance of the change.
8. The hours of operation of the pool facility shall be
the same hours as for the gymnasium facility.
B. Subject to the standard Conditions of Approval in Exhibit A
(Standard Conditions of Approval) attached hereto and
incorporated herein by reference.
SECTION 4. CERTIFICATION OF ADOPTION: The City Clerk shall
certify to the adoption of this resolution and shall cause a
certified resolution to be filed in the book of original
resolutions.
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Resolution No. 2003 -
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PASSED AND ADOPTED this 1st day of October, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A: Standard Conditions of Approval
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Resolution No. 2003 -
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EXHIBIT A
STANDARD CONDITIONS OF APPROVAL
FOR MINOR MODIFICATION NO. 1 TO MAJOR MODIFFICATTnN un IQ
TV COMMERCIAL PLANNED DEVELOPMENT NO. 1989 -01
PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS
A. GENERAL REQUIREMENTS
1. The Permittee's acceptance of this permit and /or
commencement of construction and /or operations under this
permit shall be deemed to be acceptance of all conditions of
this permit.
2. The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
Permittee shall be required to remedy any defects in ground
or building maintenance, as indicated by the City within
five (5) business days after notification.
3. This permit is granted for the land and project as
identified on the entitlement application form and as shown
on the approved plot plans and elevations on file in the
Community Development Department office. The location of all
site improvements shall be as shown on the approved plot
plans and elevations on file in the Community Development
Department Office, except or unless otherwise indicated in
the special conditions included in the resolution, or herein
in the following conditions. All proposed uses of these
buildings shall require the issuance of a Zoning Clearance
from the Community Development Department. The department
may determine that certain uses will require other types of
entitlements or environmental assessment.
4. This development is subject to all applicable regulations of
the CPD Zone, and all requirements and enactments of
Federal, State, Ventura County, City authorities, and any
other governmental entities, and all such requirements and
enactments shall, by reference, become conditions of this
permit.
5. In the event that the uses for which the CPD Permit, as
approved, is determined to be abandoned, the City of
Moorpark may, at its discretion, initiate revocation
procedures for cause per the provisions of Section
17.44.080. For purposes of this condition, "abandoned"
shall mean a cessation of a business or businesses which
would render the business unavailable to the public for a
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Resolution No. 2003 -
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period of 180 or more consecutive days. Initiation of
revocation procedures may result in the revocation of the
permit or modification of the permit based upon the evidence
presented at the hearing.
6. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any unlawful
rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter ones shall take precedence.
7. If any of the conditions or limitations of this permit are
held to be invalid, that holding shall not invalidate the
remaining conditions or limitations set forth.
8. The Permittee agrees as a condition of issuance and use of
this permit to defend, at his /her sole expense, any action
brought against the City because of issuance (or renewal) of
this permit. Permittee will reimburse the City for any court
costs and /or attorney's fees which the City may be required
by the court to pay as a result of any such action or in the
alternative to relinquish this permit. The City may, at its
sole discretion, participate in the defense of any such
action, but such participation shall not relieve Permittee
of his /her obligation under this condition.
9. In order to determine if the proposed use(s) are compatible
with the zoning and terms and conditions of the permit,
prior to initial occupancy or any subsequent change of
tenant occupancy, the owner of the subject building or the
owners representative shall apply for and receive a Zoning
Clearance from the Community Development Department.
10. Prior to commencement of any use approved under this permit,
the issuance of a Certificate of Occupancy by the Building
and Safety Department shall be required. A Certificate of
Occupancy shall not be issued until all on -site improvements
specified in this permit have been completed or the
Permittee has provided a faithful performance surety. At the
discretion of the Community Development Director and upon
the posting of surety by the Permittee, said on -site
improvements shall be completed within 120 days of issuance
of the Certificate of Occupancy. Upon completion of the
required improvements to the satisfaction of the Community
Development Director, the surety may be exonerated. In case
of failure to comply with any term or provision of this
agreement, the Community Development Director shall declare
the surety forfeited.
11. No later than ten (10) days after any change of property
ownership or change of lessee(s) or operator(s) of the
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subject building, the current or new owner shall file the
name(s) and address(es) of the new owner(s), lessee(s) or
operator(s) with the Community Development Department. The
change of ownership letter shall include an acknowledgement
that the new owner agrees with all conditions of this
permit.
12. If in the future, any use or uses are contemplated on the
site differing from that specified in the Zoning Clearance
approved for the occupancy, either the Permittee, owner, or
each prospective tenant shall file a project description
prior to the initiation of the use. A review by the
Community Development Director shall be conducted to
determine if the proposed use is compatible with the
surrounding area and the terms and conditions of this
permit, and to determine if a Minor or Major Modification to
the Planned Development Permit is required. A new Zoning
Clearance shall be required. All applicable fees and
procedures shall apply for said review.
13. Prior to the issuance of a building permit, the Permittee
shall provide proof to the Building Division that all
contractors doing work in Moorpark have a valid Business
Registration Permit. Prior to the issuance of a Zoning
Clearance for tenant occupancy, the prospective tenant shall
obtain a Business Registration Permit from the City of
Moorpark.
B. BUILDING AND SITE PLAN REQUIREMENTS
14. Final construction working drawings, grading and drainage
plans, plot plans, building colors and materials, sign
programs, and landscaping and irrigation plans shall be
submitted to the Community Development Director for review
and approval prior to the issuance of any permit and prior
to any construction.
15. Prior to approval of construction plans for plan check or
initiation of any construction activity, a Zoning Clearance
shall be obtained from the Community Development Department.
16. Certificate of Occupancy shall be withheld until the
Permittee has provided proof of compliance with the
California Health and Safety Code (Section 65850.5 et seq.)
regarding the use, storage and disposition of hazardous
materials as required by the Ventura County Air Pollution
Control District.
17. The Permittee and his /her successors, heirs, and assigns
shall remove any graffiti within five (5) business days from
written notification by the City of Moorpark. All such
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graffiti removal shall be accomplished to the satisfaction
of the Community Development Director.
18. The Permittee shall pay all outstanding case processing
(Planning and Engineering), and all City legal service fees
prior to Community Development Department or City Engineer's
Office initiation of work on Condition Compliance. The
Permittee shall be required to pay a Condition Compliance
deposit pursuant to the requirements of the latest adopted
resolution establishing schedule of land development
preliminary processing fee deposits and shall be required to
pay all outstanding Condition Compliance costs prior to
issuance of a Zoning Clearance for a building permit.
19. The Community Development Director may declare a development
project that is not in compliance with the Conditions of
Approval or for some other just cause, a "public nuisance."
The Permittee shall be liable to the City for any and all
costs and expenses to the City involved in thereafter
abating the nuisance and in obtaining compliance with the
Conditions of Approval or applicable codes. If the Permittee
fails to pay all city costs related to this action, the City
may enact special assessment proceedings against the parcel
of land upon which the nuisance existed (Municipal Code
Section 1.12.080).
20. If skylights are used, the material utilized shall be
designed so as to minimize the light from the inside of the
building to the exterior. Skylights are subject to the
review and approval of the Community Development Director.
21. All roof - mounted equipment and other noise generation
sources on -site shall be attenuated to 45 decibels (dBA) at
the property line or to the ambient noise level at the
property line measured at the time of the occupant request.
Prior to the issuance of a Zoning Clearance for initial
occupancy or any subsequent occupancy, the Community
Development Director may request that a noise study,
prepared by a licensed Acoustical Engineer in accordance
with acceptable engineering standards, be submitted for
review and approval which demonstrates that all on -site
noise generation sources will be mitigated to the required
level
22. All parking space and loading bay striping shall be
maintained so that it remains clearly visible during the
life of the development. Prior to any restriping of the
parking lot, a Zoning Clearance shall be obtained.
23. All parking areas shall be surfaced with asphalt or concrete
and shall include adequate provisions for drainage, striping
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and appropriate wheel blocks, curbs, or posts in parking
areas adjacent to landscaped areas. All parking and loading
areas shall be maintained at all times to insure safe access
and use by employees, public agencies and service vehicles.
25. No clearing, grading, erosion control or installation of
temporary or permanent irrigation, landscape, hardscape or
related structures or construction of improvements of sewer,
water, storm drain, streets, or dry utilities shall occur
until the City Engineer and the Community Development
Director provide written concurrence that all requirements
have been fulfilled for the phase of construction under
consideration.
26. Permittee shall pay all plan check and inspection fees, case
processing fees and deposits per the City's fee /deposit
schedule in effect at the time that review is provided by
the City. Permittee shall also process and obtain City,
County, State and all other public or private agency
approvals and permits for any work to be performed within
their respective properties or areas of interest. City
approval of the Plans does not warrant that other public
agency requirements or standards have been met. It is the
Permittee's responsibility to satisfy all requirements of,
and to obtain the written approval for each phase from all
public agencies having jurisdiction and to provide
verification to the City Engineer and the Community
Development Director of such, prior to commencement of the
work allowed by this Agreement.
27. All improvements shall be constructed in accordance with the
Plans, as noted previously on these conditions, all
applicable City standards and regulations, all applicable
conditions required and all accepted construction practices,
as determined by the City Engineer, without exception.
28. Should the Plans prove to be inadequate in any respect to
federal, state or local law with respect to the Clean Water
Act and other such laws, as determined by City in its sole
discretion, then Permittee shall make such changes as are
necessary to ensure, to the satisfaction of the City
Engineer, that such Improvements are performed in accordance
with said City standards and regulations in effect at the
time of construction of the improvements.
29. The City Engineer or his /her duly authorized representative,
upon request of Permittee, shall inspect the Improvements.
As the City determines improvements have been constructed in
accordance with the provisions of this Agreement, City shall
accept the Improvements as complete.
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30. At all times during the construction of Improvements,
Permittee shall take all such precautions as may be
necessary to limit access to the site to authorized persons
only and to protect the site from all members of the public
and protect all public and adjacent private property from
debris and damage.
31. Permittee shall guarantee against defective plans, labor and
materials for a period of one (1) year following City
acceptance of the Improvements as complete.
32. In the event any of the Improvements are determined to be
defective within the time provided herein, Permittee shall
repair, replace, or reconstruct the defect without delay and
without cost or expense to City and shall pay all City costs
for plan check, inspection and the city's Administrative
Costs related to this requirement within thirty (30) days
after receipt of city's invoice. Should Permittee fail to
act promptly or in accordance with the requirements of this
paragraph, or should the exigencies of the situation require
that repair, replacement or reconstruction work to be
performed before Permittee can be notified, City may, at its
option, make or cause to be made the necessary repair,
replacement or reconstruction. Permittee and its surety
shall be obligated to pay the City for the actual cost of
such work together with the city's administrative costs.
33. Permittee shall keep accurate records on a set of blue -lined
prints of all city- approved additions to and deletions from
the work, and of all changes in location, elevation and
character of the work, not otherwise shown or noted on the
Plan. Prior to the city's inspection and acceptance of the
Improvements, Permittee shall transfer this information to a
final set of record drawings and deliver them to the City
Engineer for final approval and retention.
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000070
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