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AgdaPkt 2012-03-19
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AgdaPkt 2012-03-19
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Last modified
3/20/2012 2:54:48 PM
Creation date
3/15/2012 5:34:10 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Special
Agency Type
City Council
Date
3/19/2012
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6. 1. B. - Page 83 <br />(5) If a proposed change is disapproved by the Committee, the applicant is <br />entitled to reconsideration by the Board of Directors at an open meeting of the Board. This <br />paragraph does not require reconsideration of a decision that is made by the Board or a body that <br />has the same membership as the Board, at a meeting that satisfies the requirements of California <br />Civil Code Section 1363.05. Reconsideration by the Board does not constitute dispute resolution <br />within the meaning of California Civil Code Section 1363.820. <br />I. Governmental Approvals: All alterations, modifications, or other <br />improvements on or within the Project shall comply with all design requirements, approvals and <br />procedures of the City. Before commencement of any alteration or improvements approved by the <br />Architectural Control Committee or Board, the Owner shall comply with all appropriate governmental <br />laws and regulations, including, but not limited to, payment of any fees and obtaining all permits <br />required. Approval by the Committee or Board does not satisfy the appropriate approvals that may <br />be required by any governmental entity with appropriate jurisdiction. <br />J. Completion of Work; Review of Work: Upon approval of the Committee or <br />Board, the Owner shall diligently proceed with the commencement and completion of all work so <br />approved by the Committee in compliance with the approvals granted. The work must be <br />commenced within six months from the date of approval unless the Committee or Board permits the <br />work to be commenced at a later time. If the work is not commenced within six months after the <br />approval date, or such later time as the Committee or Board has granted approval, then the <br />approval shall be deemed cancelled, and the Owner must reapply to the Committee or Board before <br />undertaking any such work. <br />The Committee or Board shall inspect work within sixty days after a written notice of <br />completion has been delivered to the Committee or Board by the Owner. The Committee or Board <br />may also inspect the work at any time prior to completion as it deems appropriate to determine that <br />the Committee or Board approval is being followed. The Committee or Board is to inspect the work <br />performed, and determine whether it was performed and completed in compliance with the approval <br />granted in all material respects. If at anytime during the construction of any work, the Committee or <br />Board finds that the work was not performed or completed in compliance with the approval granted <br />in all material respects, or if the Committee or Board finds that the appropriate approval which was <br />required for any work was not obtained, the Committee or Board shall notify the Owner in writing of <br />the non - compliance. The notice shall specify in writing the particulars of non - compliance, and shall <br />set forth the requirement of the Owner to remedy the non - compliance. The Committee or Board <br />shall determine in its reasonable judgment whether an alteration, modification or improvement <br />complies with the approval as granted in material respects. Minor changes, deviations or <br />imperfections that do not negatively affect or impact the Project shall not be considered as non- <br />compliance. The Board shall act under this Section 7.9 only if the Board has undertaken the <br />architectural control functions under this Section 7.9; otherwise the Architectural Control Committee <br />shall act. <br />If the Committee or the Board has determined an Owner has not constructed an <br />improvement in compliance with the approval granted in all material respects, and if the Ownerfails <br />to remedy such non - compliance in accordance with provisions of the notice of non - compliance, then <br />after expiration of thirty (30) days from the date of such notification, if the Committee has undertaken <br />the architectural control functions under this Article, the Committee shall notify the Board, and the <br />Board shall provide Notice and Hearing to consider the Owner's continuing non - compliance. If the <br />Board has undertaken the architectural control functions under this section, the Board shall act after <br />expiration of thirty (30) days from the date of such notification. At the Hearing, if the Board finds that <br />39 <br />03/06/12 <br />TAWPWrN601PR0JECTS1333 MAIN STREETIDEC - DRAFTING FORM[71[03 06 121.doc <br />
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