AgdaPkt 2015-09-28 Joint SA PFA - Laserfiche WebLink

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Page 8 of 21 ATTY/RESO.3139/ CC RESO 601 MARSHALL DENYING APPEALS AND APPROVING TENTATIVE MAP, DOWNTOWN PLANNED COMMUNITY PERMIT, AND PARKING IN LIEU FEE APPLICATION REV: 9/24/15 PT determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation. Pursuant to Government Code Section 66474.9, Applicant’s indemnification obligation with respect to any claim, action or proceeding to attack, set aside, void, or annul an approval of City concerning a subdivision (tentative, parcel, or final map application or approval) shall be limited to actions brought within the time period provided for in Government Code Section 66499.37, unless such time period is extended for any reason. The City shall promptly notify Applicant of any such claim, action or proceeding and shall cooperate fully in the defense. 2. No building or zoning permit shall be issued, and no use shall be established except in accordance with and subject to the terms and conditions outlined above, and in no case shall such permit be issued or use established prior to the final action on any appeals that may be filed within the appeal period. Any appeal made in accordance with the provisions of Section 2.0.3 of the DTPP is to the City Council and must be received by the City Clerk no later than 15 calendar days after the date of the notice of official action. As such, the map and permit approvals shall take effect on the sixteenth (16th) day following the date of the notice of final decision unless an appeal to said decision has been filed in accordance with Article 48 of the city Zoning Ordinance. 3. Applicant shall ensure that all improvements substantially conform to the project plans, prepared by KSH Architects, submitted on June 5, 2015, and related information submitted by the Applicant, on file with Planning Services. All modifications to said approved plans must be submitted to Planning for review and approval prior to the issuance of a Building Permit. Substantial modification of said approved plans, as determined by the Community Development Director or his/her designee, may be subject to an amendment of the approved project permits or application for new permits, per Section 2.0.3 of the Downtown Precise Plan. 4. Upon approval of the final project design, the applicant shall provide for the City’s use a scaled model of the project or adequate funds to build the scaled model for purposes of adding to the City’s scaled model of Downtown. The specifications for the model shall be determined by the Community Development Director or his/her designee. 5. The applicant may protest any fees, dedications reservations, or other exactions imposed by the City as part of the approval or as a condition of approval of this development. Per California Government Code Section 66020, this 90-day protest period has begun as of the date of approval of this application. 6. Applicant shall implement and comply with all applicable mitigation measures described in the Environmental Impact Report (EIR) and Mitigation, Monitoring and Reporting Program (MMRP) for the Downtown Precise Plan, adopted by the City 7.A. - Page 40