PROJ-25-0773

Required Entitlements

Issues & Tripwires

Conditions of Approval

• 1

  This approval is granted for the land uses described in the application and any attachments thereto, and as shown on the project plans labeled Case No. HDR-03-25-0013 and labeled 'Exhibit 1', attached hereto and incorporated herein. The location of all buildings, fences, parking areas, and other facilities shall be substantially maintained.

• 2

  Prior to obtaining building permits the applicant and property owner shall file with the Planning Division written acknowledgment of the conditions stated herein on forms provided by the Planning Division, and all public notices posted onsite are to be removed.

• 3

  Approval granted by the Community Development Director or designee does not constitute a building permit or authorization to begin any construction or to demolish an existing structure. An appropriate permit issued by the Building and Safety Division must be obtained prior to constructing, enlarging, moving, converting, or demolishing any building or structure within the City.

• 4

  Unless the use commences no later than 24 months after this approval is granted and is diligently pursued thereafter, this approval shall be null and void pursuant to the City’s Zoning Regulations. However, if the approved plot plan, elevation plans, and adjacent areas are unchanged (except as allowed under Zoning Regulations Chapter 24.505), the Community Development Director may grant one additional 12-month extension of time for start of construction, provided the initial 12-month period has not already expired. Start of construction is defined as: A. All zoning and related approvals are effective; and B. All required building and grading permits for the project have been issued.

• 5

  Minor Changes may be approved by the Community Development Director, as provided for under Municipal Code Chapter 24.570. Substantial change will require the filing of an Application for Amendment.

• 6

  All requirements of any law, ordinance, or regulation of the State, City of San Buenaventura, and any other governmental entity shall be complied with at all times.

• 7

  All approvals are subject to and dependent upon the applicant complying with all applicable Ordinances, Codes, regulations, or adopted policies. In the event the City determines that it is necessary to take legal action to enforce any of the provisions of these conditions, and such legal action is taken, the applicant shall be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the City should waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding.

• 8

  In accepting the benefits of the conditional approval of this discretionary permit and approvals issued in conjunction with this discretionary permit, and as a condition of approval of this permit, the applicant agrees to defend, indemnify, and hold harmless the City of San Buenaventura and its officers, employees, and agents from any claim, action, or proceeding against the City or its officers, employees, or agents brought to attack, set aside, void, or annul, the approval of the permit by any advisory agency, appeal board, or legislative body of the City. This condition shall be construed to include, without limitation, applicant’s agreement to pay any attorney’s fees incurred by the City in its choice of defense counsel or awarded against the City or its agents, officers, or employees in any legal action to attack, set aside, void or annul, the approval of the application in which the petitioner or plaintiff in such action is the prevailing party and is awarded attorney’s fees.

• 9

  Approval is subject to the applicant paying all fees and assessments to the City of San Buenaventura as required by the zoning regulations.

• 10

  Any graffiti painted or marked upon the premises shall be removed or painted over within forty-eight (48) hours of being applied.

• 11

  The applicant shall be responsible for maintaining the premises or areas adjacent to the premises over which he or she has control, free of litter.

• 12

  Outdoor lighting shall be shielded and directed downward to prevent light spillovers onto adjacent properties or nearby roadways.