ORD 1795 - Laserfiche WebLink

39.) No building permit shall be issued or lot sold for any of the new homes within this project until after the new elementary and middle schools, anticipated to be open by fall, 2000, are operational. The property owners' developer may request a modification to this condition depending on the construction progress, but in no case may a home be occupied until the new schools are open. 40.) This development plan approval contemplates that the City will acquire the necessary interest in the various properties in order to construct a municipal golf course pursuant to the MOU between the City and the core-property owners. In the event that the City does not finalize the purchase of the golf course properties, all obligations/requirements of the City as partial developer of this project detailed in these conditions of approval shall become null and void and said conditions shall become the responsibility of the property owners and any subsequent developer should this same development plan be implemented. Any condition herein that is a requirement of the MOU between the City and the core-property owners may be modified, by mutual agreement, by an amended MOU. This development plan shall be of no further validity and the property owners shall be required to submit the same or new development plan for City approval prior to development of the site in the event that a final map is not recorded within two years of PUD approval. 41 .) The homebuilder 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. 42.) This approval does not guarantee the availability of sufficient water to serve the project. The City shall withhold building permits for any part of 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 applicable developer is participating in the program. Notwithstanding the homebuilder'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. 43.) This PUD development plan shall lapse in the event the Happy Valley annexation (Annexation No. # 144) scheduled for voter approval in November 1999 is rejected. Building 44.) All structures in the development shall be constructed to meet Title 24 state energy requirements. 45.) All building and/or structural plans must comply with all codes and ordinances in effect before the Building Department will issue permits. PUD-98-016 Conditions of Approval - City Council Page 6 2 of 14