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40 All demolition and construction activities, inspections, plan checking, material <br /> delivery, staff assignment or coordination, etc , shall be limited to the hours of 8 00 <br /> a m to 5 00 p m , Monday through Friday No construction shall be allowed on <br /> State or Federal Holidays, Saturdays, or Sundays The Director of Community <br /> Development may allow earlier "start times" or later "stop times" for specific <br /> construction activities (e g , concrete pouring) if it can be demonstrated to the <br /> satisfaction of the Director of Community Development that that the expanded <br /> construction hours are necessary (e g , the concrete foundations need to be <br /> poured early due to weather conditions) All construction equipment must meet <br /> Department of Motor Vehicles (DMV) noise standards and shall be equipped with <br /> muffling devices Prior to construction, the hours of construction shall be posted <br /> on site <br /> 41 The applicant/developer/responsible party shall create and complete a "Conditions <br /> of Approval" checklist indicating that all conditions in Exhibit A have been satisfied, <br /> incorporated into the plans, and/or addressed Said checklist shall be attached to <br /> all plan checks submitted for review and approval by the City prior to issuance of <br /> permits <br /> Agreements and Legal Documentation <br /> 42 At the time of recordation to subdivide the project site into 11 parcels plus one <br /> common area parcel, the applicant/project developer shall record Conditions, <br /> Covenants and Restrictions (CC&R's) which shall create a maintenance association <br /> for the development The type of association established shall be subject to the <br /> approval of the City Engineer and Director of Community Development prior to <br /> submitting a final subdivision map The association shall be responsible for the <br /> maintenance of all common utilities and stormwater treatment measures/areas, <br /> common access driveway and parking, landscaping shown on sheet L1 of Exhibit B, <br /> and irrigation The buildings, private rear and side yard landscape behind fencing, <br /> and lot-specific drainage shall be the responsibility of the individual owner for the lot <br /> The CC&R's shall be subject to the review and approval of the City Attorney prior to <br /> recordation of the final map The City shall be granted the rights and remedies of <br /> the association, but not the obligation, to enforce the maintenance responsibilities of <br /> the association <br /> 43 The recorded deed of sale for all lots covered by this PUD Development Plan <br /> approval shall include separately recorded disclosure statements or restrictive <br /> covenants indicating the following <br /> a That the property is in an area subject to noise, activity, and traffic impacts <br /> associated with a Downtown location <br /> b The adjacency of the Union Pacific Railroad and possible noise, including <br /> noise from train whistles and horns, and vibration impacts from said railroad <br /> c That additions/modifications to the structures and garages are prohibited <br /> P16-1201, P16-1202 & PUD-120, Catalyst Development City Council <br /> Page 9 of 30 <br />