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<br />C. The developer shall be responsible for assuring that any successor in <br />interest who assumes responsibility for this zoning approval is informed it <br />its terms and conditions. <br /> <br />D. Construction shall commence within eighteen (18) months following City <br />Council approval and shall be substantially completed eighteen (18) <br />months thereafter. For the purpose of compliance with this condition, <br />commencement of construction shall be defined as the construction of a <br />substantial portion of the street improvements and infrastructure. <br /> <br />Pursuant to Zoning Code Section 3-1024 the developer may request from <br />the Planning Commission renewal of the Planned Development project <br />approval for up to two additional years if it finds the renewal is consistent <br />with the Code and that no substantive change has occurred in conditions or <br />circumstances pertinent to the planned development. Application for <br />renewal shall be made in writing to the Community Development Director <br />not less than 30 days, or more than 120 days, prior to expiration of the <br />Planned Development approval. Denial of a request for renewal of the <br />Planned Development Project approval may be appealed. <br /> <br />II. PERMITTED USE <br /> <br />A. This Planned Development and Vesting Tentative Map is an approval to <br />construct a 23-unit residential townhouse subdivision on an approximately <br />1 acre site at the 311-335 MacArthur Boulevard (five parcels on the comer <br />of MacArthur Boulevard, Herma Court and Broadmoor Boulevard); <br />Alameda County Assessor's Parcel Numbers 76-311-1-1, 76-311-1-3, 76- <br />311-3,76-311-4, and 76-311-5. <br /> <br />B. No application for amendment of the application or Conditions of <br />Approval may be submitted or accepted for processing by the city unless <br />(i) there is full compliance with all terms of the application and Conditions <br />of Approval; or (ii) the Community Development Director can waive <br />compliance with the terms ofthe application ifthey are minor in content. <br /> <br />C. Construction of the project shall remain in substantial compliance with the <br />approved exhibits and plans. Any change to the project design, materials <br />or colors shall be subject to the review and approval of the Community <br />Development Director who may administratively approve minor changes, <br />or for more substantial changes, require review by the Planning <br />Commission and City Council as a modification to the Planned <br />Development. <br /> <br />PLN2006-00 1 04 <br />Reconunended Conditions of Approval <br /> <br />Page 2 of 16 <br />May 7,2007 <br />