ORD 1789 - Laserfiche WebLink

91. The developer acknowledges that the City of Pleasanton does not guarantee the availability of sufficient sewer capacity to serve this development by the approval of this case, and that the developer agrees and acknowledges that building permit approval may be withheld if sewer capacity is found by the City not to be available. 92. This approval does not guarantee the availability' of sufficient water to serve the project. The City shall withhold building permits for the project if at the time building permits are applied for, mandatory water rationing is in effect, unless the City has adopted a water offset program and unless the developer is participating in the program. Notwithstanding the developer's participation in such a program, the City may withhold building permits if the City determines that sufficient water is not available at the time of application 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-99-10), off-site sanitary sewer trunk main installation, and landscape median within Vineyard Avenue 94. Prior to tentative map approval: 1) 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 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. Page 18