AgdaPkt 2003-03-24 - Laserfiche WebLink

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PERMIT NO. 3 -01 _ Co-1�3 -21 Shores Childcare, LLC., and The City of Redwood City October 12, 2001 Page 3 B. Public Access and Open Space 1. Area. a. Public Access Areas. The 19,820- square-foot public access area held in title by: the co-permittee, the City of Redwood City, shall be made available exclusively and permanently to the public for unrestricted public access uses such as walking, bicycling, sitting, viewing, picnicking and related purposes. If the pertrtittees wish to use the public access area for other than public purposes, they must obtain prior written approval by or on behalf of the Commission. 2. Permanent Guarantee. Prior to the commencement of any grading or construction activity within the Commission's jurisdiction, the permittees shall, by instrument or instruments acceptable to counsel for the Commission, dedicate to a public agency or otherwise permanently guarantee such rights for the public to the public access and open space areas owned by the permittees around the extended stay hotel, as described in Special Condition II -B -1. The instrument(s) shall create rights in favor of the public which shall commence no later than after completion of construction of any public access improvements required by this authorization and prior to the use of any struc- tures authorized herein. Such instrument shall be in a form that meets recordation requirements of San Mateo County and shall include a legal description of the property being restricted and a map that clearly shows and labels the shoreline, the property being restricted for public access and open space, the legal description of the property and of the area being restricted for public access and open space, and other appropriate land- marks and topographic features of the site, such as the location and elevation of the top of bank of any levees, any significant elevation changes, and the location of the nearest public street and adjacent public access areas. Approval or disapproval of the instrument shall occur within 30 days after submittal for approval and shall be based on the following: a. Sufficiency of the instrument to create legally enforceable rights and duties to pro- vide the public access area required by this authorization; b. Inclusion of an exhibit to the instrument that clearly shows the area to be reserved with a legally sufficient description of the boundaries of such area; and c. Sufficiency of the instrument to create legal rights in favor of the public for public access that will run with the land and be binding on any subsequent purchasers, licensees, and users. 3. Recordation of the Instrument. Within 30 days after approval of the instrument, the permittees shall record the instrument and shall provide evidence of recording to the Commission. No changes shall be made to the instrument after approval without the express written consent by or on behalf of the Commission. 4. Improvements Within the Total Public Access Area. Prior to the use of any structure authorized herein, the permittees shall install the following improvements, as generally shown on Exhibit B: a. Landscaping. Landscape and provide necessary irrigation for the approximately 17,920 - square -foot public access area shown on Exhibit B with native and/or drought- tolerant plants wherever possible; b. Seating and Viewing Areas. Provide two, 950 -square-foot seating and viewing areas as shown on Exhibit B with a minimum of six benches and eight seating boulders.