PC-2004-35 - Laserfiche WebLink

61. Prior to tentative map approval: I) the developer shall (a) identify all of the parcels of land (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 of those 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 Plarming 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. 62. The PUD development plan shall be treated as a separate "first-come, first-serve" project for purposes ofthe City's Growth Management ordinance. 63. The maintenance of the stormwater drain inlet and v-ditches on Parcel 2 shall be the responsibility ofthat lot owner. 64. Unless the parties reach a separate private agreement, the developer shall reimburse the builder of the adjacent Clara Lane project for the pro rata costs of any improvements made by that developer on this site or along this site's Vineyard Avenue and Gillian Court frontages, including landscape berm, sidewalk, soundwall/retaining wall, grading, etc., subject to the review and approval of the Plarming Director and City Engineer. 65. The design of the wall and landscape berm along the project's Vineyard Avenue frontage shall match that of the adjacent previously-approved Clara Lane subdivision. 66. In the event that the adjacent Clara Lane project, particularly Gillian Court, is not under construction prior to the recordation of the final map for these two lots, the developer shall be required to demonstrate to the Plarming Director and City Engineer how access, utilities, and sound attenuation could satisfactorily be provided for this project to proceed. In the event that these issues can not be addressed to the Planning Director's and City Engineer's satisfaction, this development plan approval would be void and an application for a new PUD development plan would need to be submitted. 67. The applicant shall explore the installation of mechanical provisions to facilitate the installation of photo voltaic panels. {end}