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APPENDIX B - SPECIAL CONDITIONS

The following list of special conditions Coastal Development Permit 5-98-156

contains the forty and amendments

previously imposed special conditions of

A1

through

A14.

The

following

special

conditions continue to be in to reflect the change to the A15.

full force and effect, with project resulting from the

Special Condition Eighteen being revised in order Commission’s approval of Amendment 5-98-156-

1.

Replacement Parkland [Condition Satisfied 11/5/99]

Prior to issuance of the coastal development permit, the City shall submit for the review and approval of the Executive Director, a resolution adopted by the City Council designating the Queen Mary Events Park as a permanent public park of not less than four-acres in area, and served by a minimum of ten parking spaces on the adjacent public roadway (See Exhibit #6 of staff report dated 1/14/99). The resolution shall also state that any change in the designation of the four-acre Queen Mary Events Park as a permanent public park shall not be effective unless approved by the California Coastal Commission. The City shall be responsible for ensuring that the Queen Mary Events Park is maintained and operated as a public park available for use by the general public everyday from 5 a.m. to 10 p.m. (except during special events).

2.

Final Plans: LCP Subarea 6 [As Revised by Commission Approval of 5-98-156-A10]

Prior to the commencement of construction of proposed Buildings G1, G2, H1 and H2, the applicants shall submit for the review and approval of the Executive Director, final site plans, floor plans and elevations. Buildings J, K and P are approved as shown on Exhibits #5-8 of the staff report dated 12/19/02. Building N is approved as shown on Exhibits #5&6 of the staff report dated 12/17/03. The plans for Buildings G1, G2, H1 and H2, and all commercial development in LCP Subarea 6 (Buildings F, G1, G2, H1, H2, J, K, N and P), shall comply with all of the following conditions:

  • a.

    No portion of the structures or patio areas shall encroach into the view corridors identified on Exhibit #5 (of staff report dated 12/19/02).

  • b.

    No portion of the structures shall exceed 40 feet in height measured from the nearest curb, except as authorized by Special Condition 17 of Coastal Development Permit 5-98- 156 as amended.

  • c.

    All proposed commercial development (including all building area, indoor and outdoor service areas, patios and loading areas) shall be located entirely within the boundaries of Parcels 1-4 (Parcel Map No. 25804) as approved by the Commission pursuant to Permit Amendment 5-98-156-A3.

  • d.

    The total amount of commercial floor area (including restaurant patios) in the portion of the project located south of Shoreline Drive shall not exceed 202,700 square feet.

e. The plans shall conform to all terms and conditions of Coastal Development Permit 5-98- 156 as amended.

The permittee shall undertake the development in accordance with the final plans approved by the Executive Director pursuant to this condition. Any proposed changes to the approved plans shall be reported to the Executive Director in order to determine if the proposed change shall require a permit amendment pursuant to the requirements of the Coastal Act and the California

Code of Regulations. No changes to amendment to this coastal development amendment is required.

the approved permit unless

plans shall occur without a Commission the Executive Director determines that no

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