(4)AR 050509 Agreement - Laserfiche WebLink

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ITEM #5 CITY OF COLTON AGENDA REPORT FOR THE COUNCIL MEETING OF MAY 5, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Veronica McCoy, Planning Assistant SUBJECT: Approval of Deferral of Conditions of Approval Agreement with Piano Empire, Inc, for the property located at 1405 West Valley Boulevard (Referenced: File Index Number DAP -000-839) DATE: April 27, 2009 BACKGROUND: On February 02, 2009, Piano Empire, Inc., (the "Applicant") filed a development application, File Index Number DAP -000-839, requesting approval to continue the retail use of an existing piano and music store located at the northwest corner of Meridian Avenue and West Valley Boulevard within the West Valley Specific Plan Amendment Area. The Design Review is required in accordance to Resolution 01-08 which allows all land uses proposed within the West Valley Specific Plan Amendment Area to be considered for approval by the commission. The purpose of requiring Design Reviews for projects within the Specific Plan Amendment Area is to ensure consistency between the proposed uses and the vision for the amended Specific Plan as well as seeking aesthetic improvements to properties within that Specific Plan area. However, due to the current economy, the Applicant is requesting to utilize the property on a temporary basis in order to receive some income and with minimal expenditure for on-site improvements. On February 17, 2009, the Design Review Committee approved the proposed project contingent on approval by the Planning Commission. The proposed project was considered on March 24, 2009, at this meeting the applicant expressed concern regarding the Conditions of Approval imposed to him. The applicant requested the Commission consider a deferment of nine months to these Conditions in order to determine if the Applicant's business would be viable at this location. The Commission discussed these Conditions and the opportunity for an agreement between the City and the Applicant. The Planning Commission approved the Deferral of Conditions of Approval Agreement on April 14, 2009 contingent on approval by the City Council. The Agreement was prepared by the Community Development Staff and requires the Applicant to install improvements under "Conditions of Approval" that are categorized as "Immediate", "On -Going", and "Deferred". Staff concurs and supports approval of the Agreement. ANALYSIS/DISCUSSION: The Applicant is required to enter into a Deferral of Conditions of Approval Agreement as a Condition of Approval for the proposed project. The Agreement contains other Conditions of Approval that the Applicant is required to comply with, most notably the installation of improvements to the property before a Business Occupancy Permit (BOP) can be obtained. The Agreement lists on-site improvements that are "on-going", improvements that are to be constructed "immediately", and improvements that are to be "deferred" in accordance with the