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Resolution No. PC-01-36 <br />Page 14 <br /> <br />Miscellaneous <br /> <br />56. <br /> <br />This development plan shall be of no further validity and the applicant shall be <br />required to submit the same or new development plan for City approval prior to <br />development of the site in the event that a final map is not recorded within 2 years <br />of PUD approval. <br /> <br />57. <br /> <br />Unless a phasing plan for improvements is approved by the Planning Director, the <br />applicant shall complete all of the on-site improvements at one time (including all <br />improvements around future building pads). All remaining pad areas shall be <br />seeded and kept in a neat and weed-free manner at all times. <br /> <br />58. <br /> <br />The developer acknowledges that the City of Pleasanton does not guarantee the <br />availability of sufficient sewer capacity to serve this development by the approval <br />of this case, and that the developer agrees and acknowledges that building permit <br />approval may be withheld if sewer capacity is found by the City not to be <br />available. <br /> <br />59. <br /> <br />This approval does not guarantee the availability of sufficient water to serve the <br />project. The City shall withhold building permits for the project if at the time <br />building permits are applied for, mandatory water rationing is in effect, unless the <br />City has adopted a water offset program and unless the developer is participating <br />in the program. Notwithstanding the developer's participation in such a program, <br />the City may withhold building permits if the City determines that sufficient water <br />is not available at the time of application of building permits. <br /> <br />60. <br /> <br />The developer shall be required to pay his pro rata share of the costs for the <br />Vineyard Avenue Corridor Specific Plan shared improvement costs and specific <br />plan preparation fee per the approved financing plan. The developer shall be <br />eligible for a credit against these costs for any improvements designated to be <br />installed as part of the shared improvements for the Plan Area. <br /> <br />61. <br /> <br />Prior to tentative map approval: 1) the developer shall (a) identify all of the <br />parcels of land (not on the project site) in which the developer needs to acquire an <br />interest in order to construct or install off-site improvements, and (b) indicate <br />which of those parcels have been purchased, are under contract to purchase, or <br />have been dedicated; (2) as to those off site parcels that the developer has not <br />purchased or is not under contract to purchase, the City Council shall determine <br />whether it is prepared, if the developer is unable to purchase the parcels through <br />negotiation, to initiate condemnation proceedings for all such parcels. If the City <br />Council is not prepared to initiate condemnation proceedings for all such parcels, <br />the Planning Commission/City Council shall determine whether the tentative map <br />nevertheless conforms to the PUD development plan in order for the tentative <br />map to be approved. As to those parcels that the developer has not acquired or is <br />not under contract to purchase, and for which the City is prepared to condemn, the <br />developer shall be responsible for all City costs incurred in acquiring/ <br />condemning these parcels. These costs include, but are not limited to, appraisals, <br />outside attorney fees (for negotiation as well as litigation), expert witness fees, <br /> <br /> <br />