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should state that if the terms of the agreement were not met by September, that the growth <br />management allocation would lapse? <br /> <br /> Mr. Roush said as a practical matter, that would occur, but there is no harm in adding a <br />termination clause in the growth management agreement that would indicate that if the PUD <br />should lapse, then the growth management would lapse as well. <br /> <br />Mayor Pico asked what happens if the Council does not approve the extensions? <br /> <br /> Mr. Roush said the PUD and vesting tentative map would both lapse and the <br />developer/owner would be required to start a new process with a new plan. It could be the same <br />plan or a different one. <br /> <br />Mayor Pico asked if this were the second or third request for an extension on this project? <br /> <br />Mr. Swift said it was the second request. <br /> <br />Mayor Pico asked what the previous extension was for. <br /> <br />Mr. Swirl said it was for a one year PUD extension to expire in December 2002. <br /> <br />Mayor Pico asked why that PUD had not expired? <br /> <br /> Mr. Swift said the developer had made a timely application for an extension, which <br />means the prior expiration date is tolled until Council acts on the application for extension. <br /> <br /> Mayor Pico noted the request for extension was filed for May 2003 and now this request <br />is for September 2003, and asked why. <br /> <br /> Mr. Swirl said the original request was for May and that was approved by staffbefore it <br />was appealed by the City Council. <br /> <br /> Mr. Roush believed the developer felt it needed additional time to process the final map, <br />so it requested that the extension of time, instead of being to May, be to mid-September. <br /> <br /> Mayor Pico said there was an original PUD with a termination date, a one-year extension <br />and now we are three months beyond that. He asked why the developer has been unable to file a <br />final map? He did not understand the reason for delay and the need for an extension. <br /> <br /> Mr. Swirl said the plans have been submitted and have been in plan check for some time. <br />There was a long period of time in the past when the developer was not moving forward with the <br />project. It began again in earnest last September to try to finalize the final map to bring it to <br />Council for approval. When it appeared the developer could not meet that deadline, it asked for <br />an extension of the PUD and tentative map. <br /> <br />Pleasanton City Council 9 03/18/03 <br />Minutes <br /> <br /> <br />