(a) Upon receipt of the report and recommendation of the Planning Commission, and after a public hearing, City Council shall review all findings. If City Council shall determine to grant the application, it shall instruct the City Law Director to prepare a contract setting forth the conditions upon which such approval is based and which contract, after approval by resolution of City Council, shall be executed by the City and the applicant. Approval shall be granted only upon City Council determining that all provisions of this Chapter have been met and that the proposed development will not adversely affect the public health, welfare and safety.
(b) The agreement shall become effective upon execution after its approval. The agreement shall be recorded by the County Recorder’s Office.
(c) Once an area has been included with a plan for PUD and City Council has approved such plan, no development may take place in such area nor may any use thereof be made except in accordance with such plan or in accordance with a City Council-approved amendment thereto, unless the plan is terminated as provided herein.
(d) An approved plan may be terminated by the applicant or the applicant's successors or assigns, prior to any development within the area involved, by filing with the City and recording in the County records an affidavit so stating. The approval of the plan shall terminate upon such recording.
(e) No approved plan shall be terminated after development commences except with the approval of City Council and of all parties with interest in the land.
(f) Within a period of one (1) year following approval of the PUD contract by City Council, final plats or site plans for an area embraced within the PUD must be submitted as hereinafter provided. If such plats or plans have not been submitted within the one (1) year period, the right to develop under the approved plan shall be terminated by the City.
(Ord. 24-2006. Passed 3-7-06.)