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8.A. - Page 231 <br />a. The project and Improvements proposed by Planned <br />Development Permit Application No. PD2011-03 are <br />consistent with, conform to the intent of, and will <br />appropriately implement the Zoning Ordinance and its <br />objectives for the Laurel Way Project; and <br />b. The establishment, maintenance and operation of the project <br />and improvements proposed by Planned Development <br />Permit Application No. PD2011-03 will not, under the <br />circumstances of this particular ular case, be detrimental to the <br />health, safety, peace, morals, or general welfare of persons <br />residing or working in the neighborhood of the project, or be <br />detrimental or injurious to property or improvements in the <br />neighborhood of the project, or to the general welfare of the <br />City, because the project has been found to be consistent <br />with the community goals established in the City's General <br />Plan and Zoning Ordinance. <br />Section 4. The Lot Combination and Planned Development Permit are <br />hereby conditionally granted based on the Planning Commission's consideration <br />and reliance on the Revised Final EIR subject to the following Conditions of <br />Approval: <br />CONDITIONS OF APPROVAL: <br />1 Applicant shall insure that all improvements conform to the project plans, <br />prepared by BKF Engineers revised and resubmitted on October 17, 2012, <br />and related information submitted by Applicant, on file with Planning <br />Services. <br />2. Prior to the issuance of an individual Planned Development permit for the <br />purpose of constructing a residence, Lots 12, 13 and 14 (Block 18) shall <br />be merged via a Panel Map in accordance with the Subdivision Map Act <br />and Sections 30.10, 30.12, and 30.29 of the Municipal Code, which Parcel <br />Map shall include identification of an Open Space Easement. This merged <br />lot shall contain only one residence, with the possibility of an accessary <br />dwelling unit as allowed by State law. <br />3. Applicant shall form a homeowners' association ("HOA"), subject to and in <br />compliance with the Davis -Stirling Act, to install and administer the <br />maintenance of the Phase I improvements as described in the Revised <br />Final EIR. The HOA shall be subject to covenants, conditions and <br />restrictions ("CURS"), in a form acceptable to the City. Such CC&Rs will <br />be recorded against each property within the Project area. <br />4. The HOA shall be formed and the CC&Rs recorded prior to the issuance <br />of any initial grading or construction permit for the Project. <br />ATrY/RESO.2841/APPROVING THE LAUREL WAY PD PERMIT <br />REV: 03-18-13 VR <br />Page 3 of 14 <br />