(a) Final Plan. Construction of the uses authorized by the Planning Commission's and Council's approval of the Preliminary Plan may begin only after a Final Plan has been approved by the Planning Commission and Council and a building/zoning permit has been issued for each structure in the Planned Unit Development. For approval of a Final Plan, the owner shall file a Final Plan for any specific area within the project or the overall project with the Planning Commission together with a letter of application for such approval. Such Final Plan shall show the following:
(1) The area to be developed and the area to be devoted to open spaces for the use of all occupants of the area, with accurate amounts of land involved, courses and distances to be determined by a licensed engineer or surveyor who shall sign such plan and certify to the accuracy of it. The boundaries of any area for which Final Plan approval is requested shall not be gerrymandered to comply with the density and open space acreage criteria but shall be proportioned and allocated so that the required open space is convenient to the developed property included in the area submitted for Final Plan approval.
(2) The floor plans of all buildings, with all uses detailed, the number of units for separate occupancy and, with respect to dwelling units, the number of bedrooms per unit.
(3) A title guarantee or rider to an existing policy showing the legal description of the land which has been set aside for open space and showing appropriate restrictions limiting the use of such land to open space or to recreation in perpetuity, guaranteeing owners and occupants of the area to be developed a right and easement of use in such open space.
(4) A detailed plan setting forth the manner, means and proposed time of compliance with Section 1155.05.
(5) A detailed landscaping plan for all areas.
(6) A detailed parking plan.
(7) A detailed signage plan.
(b) Conditions for Final Plan Approval. The Planning Commission shall review the Final Plan and recommend that Council approve, modify and approve, or disapprove the Final Plan. The Planning Commission shall also transmit its recommendation to Council. The Planning Commission shall have thirty days from the date on which the Final Plan is filed to consider and report upon an application for approval of a Final Plan. The time may be extended by mutual consent of the developer and the Planning Commission. Council shall consider the report from the Planning Commission and shall have sixty days from the date on which it receives the report from the Planning Commission to consider and to approve, deny or approve with modifications the Final Plan, provided that time may be extended by mutual consent of the developer and the City. Council shall approve the application if it finds that the following conditions are met:
(1) The Final Plan accurately sets forth the area to be developed, the area to be set aside as open space with appropriate boundaries established by courses and distances, the quantity of land within the area to be approved and the quantity of land to be set aside as open space for the use of all occupants of the area;
(2) The Final Plan is substantially in accordance with the Preliminary Plan which has been previously filed with the Planning Commission and approved by Council;
(3) The density of dwelling units in any area does not exceed that shown on the Preliminary Plan;
(4) In residential Planned Unit Developments, the area reserved for open space and recreation is the sum of all areas for which Final Plan approval has been given or is requested and shall never be less than twenty-five percent (25%) of the cumulative quantity of land for all areas for which Final Plan approval has been given or requested;
(5) For phased projects already underway, satisfactory progress has been made in previously approved segments with respect to the provision and improvement of indicated recreational facilities; and
(6) The Final Plan accurately sets forth a schedule demonstrating proportionate development of the open space and recreational facilities in conjunction with the total project. A performance bond may be allowed to substitute for actual construction of recreational facilities. Any such construction covered by a performance bond shall be completed within one year. The amenities included in each phase shall be, in effect, completed prior to the issuance of occupancy permits.
(Ord. 9-2003. Passed 2-25-03.)
(Ord. 9-2003. Passed 2-25-03.)