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2. EXPIRATION — NON-RESIDENTIAL PUD: The PUD development plan approval shall lapse 2 <br /> years from the effective date of this ordinance unless a building permit is issued and construction <br /> has commenced and is diligently pursued towards completion, or the City has approved a time <br /> extension. <br /> 3. CONDITIONS OF APPROVAL CHECKLIST: The applicant shall submit a "Conditions of Approval <br /> Checklist" indicating all conditions in Exhibit A have been satisfied, incorporated into the building <br /> permit plans or improvements plans, and/or addressed. Said checklist shall be attached to all <br /> building permit and engineering permit submittals for review by the City prior to issuance of <br /> permits. <br /> 4. PUD PERIOD: The building permit submittal will only be accepted after the ordinance approving <br /> the Planned Unit Development (PUD) development plan becomes effective, unless the applicant <br /> submits a signed statement acknowledging the plan check fees may be forfeited in the event the <br /> ordinance is overturned. In no case will a building permit be issued prior to the PUD ordinance <br /> being in effect. <br /> 5. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project applicant shall <br /> hold harmless, defend (with counsel acceptable to the City), and indemnify the City, its City <br /> Council, its officers, commissions, employee and agents from and against any claim, action, or <br /> proceeding brought by a third party against the indemnified parties and/or the applicant to attack, <br /> set aside, or void the approval of the project or any permit authorized hereby for the project, <br /> including without limitation, reimbursing the City its attorneys' fees and costs incurred in defense <br /> of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys <br /> of its choice. <br /> PLANNING DIVISION —925-931-5600 <br /> Entitlements <br /> 6. REZONING AND USES: The parcel at 6455 Owens Drive is rezoned from C-F (Freeway <br /> Commercial) District to Planned Unit Development— Commercial (PUD-C) District. Except as <br /> shown on the PUD Development Plan, the development standards of the subject site shall follow <br /> those of the C-F (Freeway Commercial) District of the Pleasanton Municipal Code. (Project <br /> Specific Condition) <br /> 7. LIMITATION ON RESTAURANT USES: Restaurant uses at the project site shall be limited to a <br /> maximum of 3,349 square feet. Any additional restaurant use beyond the 3,349-square-foot limit <br /> shall require additional on-site or off-site parking to be provided subject to review and approval by <br /> the Planning Division and City Traffic Engineer. (Project Specific Condition) <br /> 8. The permitted and conditionally permitted uses allowed on the subject parcel shall be those listed <br /> in the table 1 below. Any other uses require a modification to the PUD. (Project Specific <br /> Condition) <br /> P16-1349 and PUD-121 Planning Commission <br /> Page 2 of 19 <br />proved exhibits. Planning Division approval is <br /> required before any changes are implemented in site design. grading, architectural design, house <br /> colors or materials, green building measures, landscape material, etc. <br />struction. The Planning Commission finds that the Project implements the <br /> Commission <br /> 13 of 15 <br />proposed within the new commercial building and the applicable parking <br /> requirements for each land use prescribed by the PMC. As conditioned, the proposed <br /> P16-1349 and PUD-121, 6455 Owens Drive Planning Commission <br /> 12 of 15 <br />,,,N.4,--,f', <br /> ^a 'u` ^ ^. + ' <br /> (/Ar. ,1h L. ..Ltt,,.w. b b0'j � f�i� �� (f y r A. � R .��.' 1 <br /> R <br /> r, Ns DR *_- <br /> { <br /> P16-1349 and PUD-121, 6455 Owens Drive Planning Commission <br /> 10 of 15 <br />