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before any changes are implemented in site design, grading, architectural <br /> design, house colors or materials, green building measures, landscape material, <br /> etc. <br /> 2. EXPIRATION: The PUD development plan shall lapse two years from the <br /> effective date of this ordinance unless a final map, as applicable, is approved. If <br /> a final map is approved, the PUD development plan approval shall lapse when <br /> the final map approval expires. If the map is recorded before the final map <br /> expires, then the PUD development approval shall not lapse. <br /> 3. CONDITIONS OF APPROVAL CHECKLIST: The applicant shall submit a <br /> "Conditions of Approval Checklist" indicating all conditions in Exhibit A have <br /> been satisfied, incorporated into the building permit plans or improvements <br /> plans, and/or addressed. Said checklist shall be attached to all building permit <br /> and engineering permit submittals for review by the City prior to issuance of <br /> permits. <br /> 4. GROWTH MANAGEMENT PROGRAM: The project shall meet all requirements <br /> of the City's Growth Management Program, as determined by the Director of <br /> Community Development; or Growth Management Agreement, if applicable. <br /> 5. PUD PERIOD: The building permit submittal will only be accepted after the <br /> ordinance approving the Planned Unit Development (PUD) development plan <br /> becomes effective, unless the applicant submits a signed statement <br /> acknowledging the plan check fees may be forfeited in the event the ordinance <br /> is overturned. In no case will a building permit be issued prior to the PUD <br /> ordinance being in effect. <br /> 6. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project <br /> applicant shall hold harmless, defend (with counsel acceptable to the City), and <br /> indemnify the City, its City Council, its officers, commissions, employee and <br /> agents from and against any claim, action, or proceeding brought by a third <br /> party against the indemnified parties and/or the applicant to attack, set aside, or <br /> 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 <br /> incurred in defense of the litigation. The City may, in its sole discretion, elect to <br /> defend any such action with attorneys of its choice. <br /> PLANNING DIVISION — 925-931-5600 <br /> Zoning and Uses <br /> 7. Lots 1-22 are zoned Planned Unit Development— Semi-Rural Residential <br /> Development (PUD-SRDR). The PUD-SRDR lots shall be subject to the <br /> permitted and conditionally permitted uses in the City's R-1 One Family <br /> Residential District. <br /> PUD-138 and VTM 8616 Planning Commission <br /> Page 2 of 30 <br />onformance with the approved exhibits. Planning Division approval is required <br /> summarily vacate a public service easement if the easement has not been used <br /> for the purpose for which it was dedicated or acquired for five consecutive years <br /> immediately preceding the proposed vacation. <br /> On November 3, 2021, the City notified utility agencies of the City's intent to <br /> vacant this decades old unused easement. No objections or comments have <br /> been received at the time this report was prepared. <br />ect property is not located in a <br /> flood hazard zone. As such, the Commission recommends that the City Council <br /> conclude that this finding can be made. <br />censed civil engineer, <br /> which include but is not limited to the type, location, and sizing calculations of the <br /> PUD-114-01M& P20-0995 Planning Commission <br /> Page 16 of 25 <br />d) individuals. <br /> PUD-114-01M& P20-0995 Planning Commission <br /> Page 3 of 25 <br />