Resolution Zoning 03-Z-78 - Laserfiche WebLink

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type and size of plant materials, which shall be in compliance with the City's Streetscape Master Plan. 4. (a) That the Applicant submit a Declaration of Restrictive Covenants (the "Declaration") in recordable form, acceptable to the Planning and Zoning Administrator, prior to submittal of an application for a building permit. The Declaration shall proffer the Beach Access Easement, the Streetscape Easement, and the Oceanfront Park, all of which shall be fully accessible to the public and clearly designated, by means of signage approved in writing by the City Manager or its designee, as amenities open to all members of the public. The provision of twenty-four (24) hour valet parking services for owners and their guests shall be included in such Declaration. (b) The Declaration shall specify that the proffered Beach Access Easement and the Oceanfront Park shall be fully landscaped and equipped with public amenities including, but not limited to, benches, lighting, a shower and a fountain (the "Public Amenities"). The Applicant shall maintain the Beach Access Easement and Oceanfront Park in perpetuity, to a standard reasonably acceptable to the City Manager. In addition, the Applicant shall design a public restroom facility (the "Public Facilities"). The Public Facilities shall include (i) two stalls (one handicap accessible) and a urinal in the men's restroom; (ii) two stalls (one handicap accessible) in the women's restroom; and (iii) foot showers. The Public Facilities shall be located on the Property in the Project's parking structure, adjacent to the Beach Access Easement to the west of the coastal construction setback line. In the event, prior to the issuance of the building permit for the Project, the City Manager should request that the Applicant build the Public Facilities at a City-owned site (the "City Site") rather than on the Property, Applicant shall construct the Public Facilities on the City Site in lieu of the Applicant's obligation to build the Public Facilities on the Property. In the event that the Public Facilities are to be constructed on the City Site, but the City is not ready for construction to commence at the time the Applicant applies for its building permit for the Project, the Applicant shall post a bond with the City for the full cost of the Public Facilities. A plan showing the proposed Public Amenities and Public Facilities shall be provided and approved by the City Manager and all professional reviewing consultants. The Applicant shall, at its sole cost and expense, (x) construct the Public Amenities on the Beach Access Easement and Oceanfront Park, and (y) construct the Public Facilities on the Property or the City Site as provided above. The Applicant shall be required to pay, in perpetuity, for the use of electricity and water used by the public after the completion of construction of the Public Facilities, if the Public Facilities are built on the Property. The Applicant will construct the necessary infrastructure to include water lines, plumbing, and electrical services as will be necessary to make the Public Facilities fully operational. The Public Amenities and Public Facilities shall be constructed, maintained and insured in perpetuity by the Applicant. Notwithstanding the previous provision, in the event the Public Facilities are constructed on the City Site, the Applicant shall not be obligated to maintain and insure the Public Facilities. Jade Resolution 4