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HomeMy WebLinkAboutPC Res 93-38 - 1993-07-21 r ./ RESOLUTION NUMBER 93-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION NO. 93-5, AND APPROVING VARIANCE NO. 93-1 TO VARY FROM THE COMMERCIAL PARKING, LOADING ZONE AND LANDSCAPING REQUIREMENTS IN CONJUNCTION WITH A REQUEST TO DETERMINE THE APPROPRIATE AMOUNT OF OFF-STREET PARKING AT THE PROPERTY GENERALLY KNOWN AS 212 MAIN STREET (MASONIC LODGE) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE. SectIon I On February 19, 1993, Bnan Kyle and Jlln KlIsanln (heremafter collectIvely known as "Applicant") filed an applIcatIOn for Vanance 93-1 WIth the Department of Development ServIces to vary from the commercIal parklng reqUIrements, loadmg zone reqUIrements and landscapmg reqUIrements ApplIcant has reque~ted that the CommissIon determme that the subject property IS legally non-conformmg and does not have to provIde 28 off-street parkIng spaces, and that It can establl~h a restaurant use on the sIte WIthout provldmg the reqUIred parkmg space~ Section 2 Pursuant to 14 CalIf. Code of Regs ~ 15025(a) and ~~ II.C and III of the CIty's Local CEQA GUIdelines, staff prepared an Imtlal Study and a NegatIve DeclaratIon, whIch were circulated for publIc revIew and comment from May 3, 1993 to May 24, 1993, m compliance WIth the provIsIons of the California EnVIronmental QualIty Act and the CIty's Local CEQA GUIdelines SectIon 3 A duly notIced public hearmg was held before the Planning ComnmslOn on July 7, 1993 to consIder the application At the pubhc heaTIng, the applIcant and a partner spoke m favor of the request and 4 per~ons spoke m opposItIon Section 4 The record of the heaTIng mdlcates the followmg (a) The subject property IS located on the easterly SIde of MaIn Street approxImately 155 feet north of the center of the mtersectlOn of Mam Street and Central Avenue The property IS sllmlar m sIze and ~hape, bemg flat and rectangular, to ItS neIghbors and to other uses m the zone (b) The ~ubject property IS legally descnbed as Lot 12 of Block 109 of Bay CIty Tract, as per Map recorded m Book 3 Page 19 of MIscellaneous maps, m the Office of the County Recorder of SaId County (Orange County, Cahtorma) and IS also IdentIfied as Orange County A~se~sor's Parcel Number 199-043-13 (c) The subject structure was constructed pnor to 1950, when the City's oldest recorded permIt for the property mdlcates a dmner room was added to the MaSOniC Lodge C\WI-'iI\RCM>\VAR91.1 p( R\LW\01-1'Ij.91 , Planning Conu,u\\lon Re.oluhOn No 93-38 Vanunce 93-/ (d) The structure has housed the local chapter of the Masonic Lodge for approximately 45 years Accordmg to the applIcants and the Masons, the structure has been pnmanly used by fraternal organizatIons (Masons and Job's Daughters) as well as bemg rented out to a church group and occasIOnally rented out for partIes or gathenngs Such use was establIshed pnor to the CIty's current parkIng reqUIrements Under the City Code, uses establIshed pnor to changes In the CIty's parkmg reqUIrements are conSIdered legal- nonconformmg and are allowed to continue operatIons WIthout complIance WIth new parkIng standards adopted subsequently to the establIshment of such use. Accordmgly, the subject property, although provldmg no off-street parking, does not have to meet current parking standards to contmue ItS present use (e) The followmg table Illustrates the applicants' estImate of the usage of the structure. ESTIMATED USAGE OF STRUCTURE Group Hours/Meeting Frequency Attendance Masons 3-4 I/week 25 to 50 Job's 3-4 I/week 15-25 Daughters Church Group 2-3 I/week 15-25 PartIes 3-6 I/month 25-200 The property would lo~e ItS legal nonconformmg status If the present use of the property were to change, and any future use proposed for the Site must comply With current parkIng reqUIrements, or obtam a vanance from the reqUIred parkmg (f) The subject property IS located on Mam Street, whIch IS a commercIal stnp fully developed WIth a vanety of commercial uses The surroundmg land uses and zOning are as follows NORTH, WEST & SOUTH A mIxture of commercial uses m the ServIce Commercial zone, (C-l) EAST A mIxture of smgle-famlly and multi-famIly re~ldentlal dwellings m the ReSIdentIal HIgh DenSIty zone, (RHD) (g) A parkmg study performed m conjunctIOn WIth an applIcatIon for the re- mstltutIon of a restaurant use across Mam Street from the subject location, at 209 Mam Street, demonstrates that publIc parkmg faCIlitIes wlthm 300 feet of the site are often fully OCCUpied, and thiS IS especIally true of the 100 block of Main Street and the 200 block whIch Includes the subject property (h) The bUIldmg and property at 212 Mam Street cannot proVide the on-site parkmg reqUIred for any new use Without demolItIOn of the eXlstmg structure Further, no off- Site faCIlIties wlthm three hundred feet of the site can proVIde adequate parkIng (I) In connectIon WIth thIS apphcatlOn and other recent applIcatIOns, the City has performed certam parkmg studies to, Inter aha analyze present supply and future needs; determme the Impacts ansmg from the propo~ed use, conSIder whether current Code parkIng reqUIrements should be modified, and to proVIde addItIOnal parkmg and other mItIgatIon (. \Wl"i1\RB&O\VAR91-1 PCR\lW\07-1S 91 2 , , Planning C"/IU1U..lOn Re.olutlOn No 93-38 Vanance 93-1 measures to allevIate the Impacts ansmg from the proposed use, as well as others To mitigate any Impacts aTlsmg from the proposed use and other proposed uses, a reserve fund has been establIshed m the 1993-1994 FIscal Year budget for the acqUIsItIOn and ImplementatIon of a publIc transIt trolley In additIon, the CIty CouncIl has authonzed the use of CIty-owned parkIng faCIlIties to satisfy parkIng reqUIrements and the preparation of an amendment to the Mam Street SpecIfic Plan to establIsh more fleXIble and appropTlate parkmg standards CouncIl has dlTected staff to consIder whether the cIty-wIde commercIal parkmg standards should be modIfied so that uses on Mam Street, lImited by phYSIcal constramts, may satisfy parkIng needs by m-heu fees, parkIng mItIgatIOn fees, or off sIte faCIlIties, rather than provldmg parkIng onsIte Section 5 Based upon the eVidence m the record, mcludmg the facts stated m ~ 4 of thIS resolutIOn, and m the envIronmental documentatIon prepared m conjunctIOn With thIS project, and pursuant to ~~ 28-2403.1 and 28-2500 - 28-2504 of the CIty's Code, the Planning CommISSIon hereby finds as follows (a) The record reveals that the utilIzatIOn of the structure on the subJect property for commercIal retaIl and office uses, as conditioned and mItIgated herem, wIll not have any apprecIable Impact on traffic to and from the use The eXIsting roadways whIch serve the sIte are adequate to serve the proposed use and accordmgly the apphcatIOn IS consIstent With the goals, standards, and pohcle~ of the CIrculatIOn Element and Growth Management Element. VaTlance No. 93-1 IS consIstent WIth the provIsIons of the Land Use Element of the CIty's General Plan, whIch provIdes a "servIce commercial" deSIgnatIOn for the subject property and permIts commerCIal retaIl and office uses As condItIoned, Vanance 93-1 wIll not adversely affect the General Plan because requiring the ApplIcant to mItIgate parkmg Impacts IS consIstent WIth the polIcy of the General Plan to reqUIre new uses to proVIde adequate parkIng for commercIal uses wlthm the ImmedIate VICInity of the subject site The parkIng demand caused by the proposed use can be accommodated by the eXlstmg CIty parkmg faClhtIes Approval of the project for commerCIal retaIl and office use~ allows ItS owner a reasonable economIc use of the property of a type proposed m the Land Use Element. The use IS also consIstent WIth the remaIning elements of the CIty's General Plan as the polICies of those elements are consIstent With, and reflected m, the Land Use Element Accordmgly, allowmg a vanance to permIt the establIsment of commerCIal retaIl and office uses IS consistent WIth the General Plan (b) As condItioned herem, the bUlldmg and property at 212 Mam Street are adequate m SIze, shape, topography and locatIOn to meet the needs created by commercIal retaIl and office uses The subject property has been devoted to fraternal meetmg uses for approximately 45 years, and IS no longer VIable due to the reduced membershIp of the fraternal organization The u~e of the eXlstmg structure for commerCIal retaIl and office uses, not mcludmg restaurant u~e, IS compatIble WIth the Mam Street commercial area The bUlldmg, constructed m approximately 1945, IS adequate for commercial retaIl and office uses. WhIle no futute use can proVIde parkmg onslte or upon any sIte wlthm 300 feet m stTlct complIance WIth the Code, the pnor occupant, who enjoyed legal nonconformmg status, lIkeWIse dId not proVide onslte parkmg The Code reqUIres 18 spaces for commercIal retaIl and offIce uses The parkmg demand caused by commerCIal retaIl and offIce uses can be accommodated by eXlstmg City parkmg faCIlIties (c) The subject property has madequate area for landscapmg and a loadmg zone There are speCIal cIrcumstances which, through the stnct applIcation of thiS Chapter, depTlve the ~ubJect property of pnvlleges enjoyed by other property m the same vlcmlty and zone (d) The grantmg of thIS vanance would not be the grantmg of a specIal pnvIlege mconslstent WIth other lImItatIOns on other propertIes m the same VICInity and zone (\WP'H\RI:M>\VAR91-1 P<.R\LW\ln-I'Ij-91 3 , Planmng Conumsuon Rr~olutron No 93-38 Vanance 93-1 (e) The applIcants have the nght to enjoy some use of the subject property, mcludmg the contmuatlon of the eXlstmg uses, proVided the uses do not cease for over 90 consecutive days (f) The eXlstmg use of the structure, as a meeting place for two (2) fraternal lodges and a church group, and as an assembly hall for parties, has the capacIty for greater Impacts on surroundmg land uses and parkmg than other u~es tradItIonally found along Mam Street, specIfically commercIal retaIl and busmess office uses (g) The applIcants wIll be reqUIred to partiCIpate m the CIty's m-lIeu parkIng program as It currently eXIsts or may be amended m the future (h) RetaIl shops and busme~s offices are the least mtenslVe uses normally found along Mam Street WIth parkmg reqlllrements of only I space per 300 sq. ft of gross floor area (I) A~ condItIoned hereby, approval of retaIl commercIal and busmess office uses at the sIte WIll be compatIble With surroundmg uses and the commumty m general and Will not be detnmental to the neighborhood The uses of the premises for retail commercIal and busmess office purposes WIll not have an adverse Impact on surroundmg uses, and for the reasons stated m paragraphs (a), (b), and (c) of thIS Section (J) The Plannmg CommIssIon hereby affirms that It mdependently reviewed and analyzed proposed NegatIve Declaration No 93-5 pnor to actmg on the applIcation and hereby finds as follows (I) NegatIve DeclaratIOn No 93-5 was prepared by CIty Staff and therefore reflects the mdependent judgment of the CIty, (2) There IS no substantIal eVIdence m the record whIch would support a fair argument that approval of the applIcation mIght have a SIgnificant envIronmental Impact, (3) Approval of thIS applicatIon mvolves no potentIal for adverse effect, eIther mdlvldually or cumulatively, on WildlIfe resources and WIll not have an adverse Impact on fish and WIldlIfe It IS the re-establIshment of an urban u~e on an urbanized SIte, and has no Impact on WIldlIfe resources, smce there are no Identified WildlIfe resources on or adjacent to the sIte The Planning CommiSSIOn directs the DIrector of Development ServIces to file the appropnate De MmlmlS Impact Fmdmg for the Cahfornla Department of FIsh and Game Certlticate of Fee ExemptIOn (k) Pursuant to Government Code Section 659065, the CIty may grant a vanance from parkIng reqUIrements proVIded certam condItIOns are met Although thiS sectIon applIes to general law CIties, the City CouncIl has preVIOusly found that the legIslative polIcy reflected m thIS statute IS appropnate to the clTcumstances of the charter cIty of Seal Beach SectIOn 65906 5 provIdes, m relevant part "[A] vanance may be granted from the parkmg reqUIrements of a zOning ordmance m order that some or all of the reqlllred parkmg spaces be located off sIte, ,or that m-lIeu fees or tacllltles be provIded mstead of the reqUIred parkmg spaces, If both the followmg condItions are met (a) The vanance wIll be an mcentIve to, and a benefit for, the nonresIdential development C \WI''iI\R.BMl\VAR93-11'(.R\LW\07~I'i-91 4 Planning C,mU1U..lOn Resoluhon No 93-38 Vananc, 93-1 (b) The vanance wIll faCIlItate access to the nonresidentIal development by patrons of publIc transIt facIlItIes, " The reqUIrements ~et forth m Section 65906 5 are satIsfied here. Allowmg the ApplIcant to satisfy ItS parkmg reqUIrements through m lIeu payments provIdes both an mcentlve and benefit for the proposed nonresIdential development Further, grantmg the vanance, subject to certam conditions, would faCIlitate acce~s to the proposed retaIl commercial and busmess office uses by patrons of the proposed publIc transIt trolley, and would contrIbute to a denSity of commercial uses necessary to ~ustam publIc transIt (I) In accordance WIth Government Code SectIon 659065, there IS no reqUIrement to show specIal cIrcumstances to Justify the grantmg of a parking vanance. Nonetheless, there are ~peclal cIrcumstances whIch warrant the vanance here, mcludmg the sIte's locatIon, surroundmgs, and the avaIlabIlIty of publIc parklng nearby. In order to proVide the Code reqUIred parkIng, It would be necessary to demolIsh the eXIstIng structure. The Site IS m close proximIty to avaIlable publIc parkmg. There IS no space on or wlthm 300 feet of the sIte to proVIde the reqlllred parkmg Without destroymg all or part of a structure whIch has a remammg useful lIfe and of which ItS owner mu~t be allowed a reasonable economic use (m) Stnct applIcatIon of the Zomng Code depnves the subject property of pnvlleges enJoyed by other property m the same VICInity and zone Other commerCIal retaIl and busmes~ office uses along Mam Street likeWIse cannot, and do not provIde on-sIte parkmg. The condItIonal grantmg of a vanance WIll not con~tltute a grant of specIal pnvlleges mconslstent WIth other lImItatIOns upon other propertIes m the same vlcImty and zone because, as condItioned, the proposed use WIll meet It~ parkmg demand through the alternatIve means proVIded m the condItIons SectIOn 6 Based upon the foregomg, the Planning CommIssIon hereby adopts Negative DeclaratIOn No 93-5, condItIonally approves Vanance 93-1, a varIance from Code prOVIsIons requITIng a loadmg space, landscapIng, and proVIsIon of 18 parklng spaces wlthm a 300 foot radIUS of the subject property, subJect to the condItIons attached hereto as Attachment A Section 7 The proposed mItigatIOn momtormg program attached hereto as Attachment "B" I~ hereby adopted PASSED, APPROVED AND ADOPTED by the Planmng CommiSSIon of the CIty of Seal Beach at a meetmg thereof, held on the 21st day of July ,1993 by the followmg vote AYES Sharp, Flfe, Dahlman, Law, Soukup NOES ABSTAIN ABSENT ~d/L Anton Dahlman, ChaIrman Planning CommISSion (. \WI)'iI\R[M)\VAR91-1 Pl R\LW\1l7-1'i-91 5 C \WPI11Rb.~O\V^R91-1 PI. RII Wloo-II-91 Plclnm"g COnUlI/IIlOn Re.olohOn No 93-38 Vanance 93-1 6 Planlllng COnUIUII/On ResoluhOn No 93-38 Vanan<e 93-1 ATTACHMENT A, RESOLUTION NO. 93-38 CONDITIONS OF APPROVAL VARIANCE 93-1 1. Vanance 93-1 IS approved for the provIsIOn of 18 less than the reqUIred 18 on-sIte parkIng spaces, no on-sIte landscapmg and no loadmg space m conjunction WIth the change m use of an eXlstmg structure at 212 Mam Street, Seal Beach 2 The CommIssIon approves a change m use from the current uses (fraternal hall, church and assembly hall) to commercial retaIl and/or busmess office uses No restaurant uses are permItted 3 The approval of Vanance 93-1 IS subject to the CIty's approval of a Development Agreement governing the use of the subJect property and the conditional approval herem shall confer no entitlements or nghts upon the applIcants Nor shall the City be oblIged to Issue any permIts or approvals until ~uch time as the Development Agreement has been approved, Without the pnor wntten consent of the CIty 4 Applicants have agreed to contnbute an amount specIfIed In the Development Agreement to mItigate traffic and parkmg Impacts from the project The property owner shall agree to partIcIpate m such m-IIeu parkmg program as has been or shall be establIshed by the CIty CouncIl for the amount equal to eIghteen (18) spaces Any changes to the total parkmg reqUIrement for the SIte shall cause the modIfIcatIOn of the rate of partlClpatlon m the m-IIeu program, subject to Planmng CommIssIon approval The applIcant and/or property owner shall sIgn and record the m-IIeu parkmg agreement, or an alternative document acceptable to the CIty, pnor to the Issuance of any buIldmg permIts and/or busmess lIcense The applIcant realizes that thIS IS an mtenm agreement, and a permanent agreement may result m further costs per space. A covenant shall be recorded on the title of the property whIch stipulates that eIghteen (18) addItional parkmg spaces are reqUIred for the commercial retail and/or busmess office use of the property, pursuant to the Code of the CIty of Seal Beach ~28-1304(4) 5 ThIS Vanance shall not become effective for any purpose unless an "Acceptance of ConditIons" form has been Signed by the applicant m the presence of the Director of Development ServIces, or notanzed and returned to the Plannmg Department, and untIl the ten (10) day appeal penod has elapsed 6 That all reqUIrements of the Orange County Health and Fire Departments and the Uniform BUlldmg Code be met pnor to occupancy 7 The applIcants shall submIt plans to the CIty and receive approval from the CIty for any proposed facade changes or tenant Improvements, pnor to the InitiatIOn of construction actl VI ty 8 All cookmg and food preparation faCIlItIes shall be removed from the property pnor to Issuance of a Certificate of Occupancy 9 In order to offset the lack of on-sIte landscapmg, a fee shall be paid to the CIty to purchase a maxImum of SIX (6) ~treet tree~ for the Mam Street area AddItionally, If (. \WP~1\R[.&O\V^R9l-ll>( R\LW\07-I-;.91 7 Planning eonU1U..lOn Re.olunon No 93-38 Vallance 93-1 deemed feasible by the CIty's Engmeenng Department, a fee shall be paId to the CIty to cover the cost of purchasmg and mstalllng an additional pedestnan bench on Mam Street or other hardscape treatments to the sIdewalk area adjacent to the subject property. SaId fee shall not exceed $5,000 and shall be paId as a $5,000 depoSIt pnor to Issuance of a certIficate of occupancy. 10 If feaSIble, a SIX foot tall bnck trash enclosure shall be mstalled at the rear of the structure In the event It IS found to be unfeasIble, the applIcant shall proVIde the City With an alternative refuse holdmg plan for review and approval by the DIrector of Development ServIces 11 The ApplIcant shall mdemnlfy, defend and save harmless the CIty of Seal Beach, ItS officers, agents and employees from any and all c1allns and losses whatsoever occuTnng or resultmg to any and all per~on~, firms or corporations furnI~hmg or supplymg work, servIces, matenals, or supplIe~ m connectIon WIth the performance of the use permItted hereby or the exercIse of the nghts granted herem, any and all claIms, lawslllts or actIons ansmg from the grantmg of or the exerCise of the nghts permItted by thiS Vanance, and from any and all claIms and losses OCCUTrlng or resultmg to any person, firm, corporatIon or property for damage, mjury, death ansmg out of or connected WIth the performance of the use permItted hereby Applicant's oblIgatIOn to mdemnIfy, defend and save harmle~~ the CIty as stated heremabove shall mclude, but not be limIted to, paYIng all legal fees and costs mcurred by legal counsel of the CIty's chOIce m representmg the CIty In connectIOn with any such claIms, losses, lawslllts or actions, and any award of damages or attorneys fees In any such lawslllt or actIon. <- IWrnlRIbO\VAR91-1 P< RILW\lr7-I~-91 8 Planning ConUIU.,lOn ResoluhOn No 93-38 VlIIlance 93-1 ATTACHMENT B, RESOLUfION NO. 93-38 MITIGATION MONITORING and REPORTING PROGRAM NEGATIVE DECLARATION 93-5 VARIANCE 93-] (MASONIC LODGE) 212 MAIN STREET I Mithmtion Mea~ure: The approval of Vanance 93-1 IS subject to the CIty's approval of a Development Agreement govermng the use of the subJect property and the condItIonal approval herem shall confer no entItlements or nghts upon the applIcants Nor shall the CIty be obliged to Issue any permIts or approvals untIl such time as the Development Agreement has been approved, WIthout the pnor wntten consent of the CIty (Planning CommIssIon CondItIon of Approval #3, Re~olutlOn No 93-38) Method of Vel'ilication: Agreement Return of properly executed and recorded Development Timinl! of Verification: Agreement and covenant Upon retuTll of properly executed and recorded Development ReSDonsible Per<,onl Al!encv: City Attorney - Approval as to form of development agreement form, Department of Development ServIces - DIrector and/or ASSIstant Planner - venficatlOn of receIpt of recorded development agreement pnor to Issuance of any bUlldmg permits and/or busmes~ license 2 Mitil!ation Measure: ApplIcant~ have agreed to contnbute an amount specified m the Development Agreement to mItIgate traffic and parkIng Impacts from the project. The property owner shall agree to partICipate m such m-lIeu parkmg program as has been or shall be establI~hed by the CIty CouncIl for the amount equal to eIghteen (18) spaces. Any changes to the total parkIng reqUIrement for the site shall cause the modificatIOn of the rate of partIcIpatIOn m the m-lIeu program, subJect to Planning CommIssIon approval The applIcant and/or property owner ~hall sIgn and record the m-lieu parkmg agreement, or an alternative document acceptable to the City, pnor to the Issuance of any bUlldmg permIts and/or bu~mess license The applIcant realizes that thIS IS an mtenm agreement, and a permanent agreement may re~ult m further costs per ~pace A covenant shall be recorded on the tItle of the property which stIpulates that eighteen (18) addItional parkIng spaces are reqUIred for the commerCial retail and/or bu~mess office use of the property, pursuant to the Code of the CIty of Seal Beach ~28-l304(4) (Planning CommIssIon CondItIon of Approval #4, Re~olutlon No. 93-38) Method of Verification: Return of properly executed and recorded m-lIeu parkmg particIpatIon agreement and covenant Timinl! of Verilication: Upon return of properly executed and recorded m-lIeu parkmg partICIpation agreement and covenant c \Wrn\Rf..\O\VAR9'1-II>( R\LW\U7-1'\.93 9 ResDonsible Person/Al!:encv: CIty Attorney - Approval as to form of m-lIeu parkmg partiCipation agreement form and covenant, Department of Development ServIces - Director and/or AssIstant Planner - venficatlOn of receIpt of recorded m-heu parlang partiCIpation agreement and covenant pnor to Issuance of any bUlldmg permIts and/or busmess lIcense 3 Mitil!:ation Mea~ure: All reqUIrements of the Orange County Health Department and the Uniform BUlldmg Code ~hall be met pnor to occupancy (PlannIng CommISSIOn Condition of Approval #6, ResolutIOn No. 93-38) Method of Verification: ReceIpt of approved plans by Orange County Health Department and from CIty contract plan check engmeenng firm Timinl!: of Vel".fication: Upon return of properly approved plans by Orange County Health Department and from CIty contract plan check engmeenng fIrm ResDon~ible Per~onl Al!:encv: Department of Development ServIces - BUlldmg Inspector - venficatlon of approved plans pnor to Issuance of bUlldmg permits 4 Mitil!:ation Measure: In order to offset the lack of on-sIte landscapmg, a fee shall be paId to the CIty to purchase a maxImum of MX (6) street trees for the MaIn Street area AddItIOnally, If deemed feasIble by the CIty's Engmeenng Department, a fee shall be paId to the CIty to cover the cmt of purcha~mg and mstallIng an addItional pedestnan bench on Mam Street or other hardscape treatments to the sIdewalk area adjacent to the subject property SaId fee shall not exceed $5,000 and shall be paId as a $5,000 depOSIt pnor to Issuance of a certIficate of occupancy (Planning CommissIon CondItIOn of Approval #9, ResolutlOn No 93-38) Method of Verification: ReceIpt of $5,000 00 deposlt from applIcant Timinl!: of Verification: occupancy Pnor to final m~pectlOn and Issuance of certIficate of ResDon~ible Person/ Al!:encv: and/or ASSIstant Planner Department of Development ServIces - Director 5 Mitil!:ation Mea~ure: The applIcants shall submIt plans to the City and receIve approval from the CIty for any proposed facade changes or tenant Improvements, pnor to the Inltl3tlOn of construction activity (PlannIng CommIssIon CondItion of Approval #7, Resolution No 93-38) Method of Verification: VenficatlOn of sub~tantl3l complIance of constructIOn plans to approved plan~ by Department of Development Services pnor to submISSIon by CIty for Plan Check revIew by CIty contract plan check engmeenng firm Timinl!: of Verification: Upon receIpt of reqUIred plans from applIcant ResDon~ible Person/ Al!:cncv: Department of Development ServIces - DIrector and/or ASSIstant Planner - venficatlOn of substantial complIance of constructIOn plans to approved plans pnor to submISSIon by CIty for Plan Check revIew by CIty contract plan check engmeenng firm 1< 1< 1< 1<