PC-99-63 - Laserfiche WebLink

of building permits. 93. The developer shall be required to pay his pro rata share of the costs for the Vineyard Avenue Corridor Specific Plan shared improvement costs and specific plan preparation fee per the approved financing plan. The developer shall be eligible for a credit against these costs for any improvements designated to be installed as part of the shared improvements for the Plan Area, including but not limited to the sidewalk along the south side of Vineyard Avenue from its current terminus at Montevino Drive to the east end of the Lutz property (PUD-99-l 0), off-site sanitary sewer trunk main installation, and landscape median within Vineyard Avenue 94. Prior to tentative map approval: I) the developer shall (a) identifY all of the parcels ofland (not on the project site) in which the developer needs to acquire an interest in order to construct or install off-site improvements, and (b) indicate which ofthose parcels have been purchased, are under contract to purchase, or have been dedicated; (2) as to those off site parcels that the developer has not purchased or is not under contract to purchase, the City Council shall determine whether it is prepared, if the developer is unable to purchase the parcels through negotiation, to initiate condemnation proceedings for all such parcels. If the City Council is not prepared to initiate condemnation proceedings for all such parcels, the Planning Commission! City Council shall determine whether the tentative map nevertheless conforms to the PUD development plan in order for the tentative map to be approved. As to those parcels that the developer has not acquired or is not under contract to purchase, and for which the City is prepared to condemn, the developer shall be responsible for all City costs incurred in acquiring! condemning these parcels. These costs include, but are not limited to, appraisals, outside attorney fees (for negotiation as well as litigation), expert witness fees, court costs, the fair market value of the land itself, severance damages, relocation, loss of good will, "Klopping" damages, etc. 95. Each PUD development plan shall be treated as a separate "first-come, first-serve" project for purposes of the City's Growth Management ordinance. 96. The developer shall be responsible for obtaining the necessary dedication in a timely way of sufficient area on each property for the construction of the approved public street system. In the event that one or more of the properties subdivides, any property which has not yet subdivided shall dedicate at the City's request the portion of the site necessary to complete the approved street system. 97. The open space area on the McGuire property (PUD-99-6) shall be modified as shown on the attached Exhibit "c" increasing the width of the open space parcel from 165 to 175 ft. All references in these conditions and the project design guidelines to the 40 ft. setback from the previously-shown rear property line (edge of the required 165-ft. open space easement) would be modified to a 30 ft. setback from the revised rear property line (175 ft.) of Lots 6, 7, and 8 of the McGuire property (PUD-99-6) as shown on Exhibit C. 98. The grading plan shall be modified to reflect a contour grading style which would reduce the size of the flat building pad areas, minimize grading (cuts and fills), and increase the number of split pad lots, preserving more ofthe natural topography. The revised plan shall be submitted for the review and approval by the Planning Commission at the time of tentative map review.