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B. The developer shall be responsible for assuring that any successor in interest who assumes responsibility for this zoning approval is informed it its terms and conditions. C. Construction shall commence within two (2) years following City Council approval and shall be substantially completed two (2) years thereafter. For the purpose of compliance with this condition, commencement of construction shall be defined as the construction of a substantial portion of the street improvements and infrastructure. Pursuant to Zoning Code Section 3-1024 the developer may request from the Planning Commission renewal of the Planned Development project approval for up to two additional years if it finds the renewal is consistent with the Code and that no substantive change has occurred in conditions or circumstances pertinent to the planned development. Application for renewal shall be made in writing to the Zoning Enforcement Official not less than 30 days or more than 120 days prior to expiration of the Planned Development approval. Denial of a request for renewal of the Planned Development Project approval maybe appealed. II. PERMITTED USE A. This Planned Development and Vesting Tentative Map is an approval to construct a 43-unit residential subdivision with public open space on approximately 4.21 acres at the 14953, 14969, 14981-14985 Washington Avenue (Adjacent to the Interstate 880 Freeway and opposite Springlake Drive); Alameda County Assessor's Parcel Numbers 77B-1120-1-1, 77B-1120-4, 77B-1120-5, and 77B- 1120-6. Any conditionally permitted uses or discretionary uses (i.e., Bed and Breakfast Inns, Clubs and Lodges, Group Homes, Telecommunications Antennae or Wireless Telecommunication Facilities, et cetera) listed in the RM District section of the Zoning Code which are not listed above or approved as part of this Planned Development shall require a modification to the Planned Development. B. No application for amendment of the application or Conditions of Approval may be submitted or accepted for processing by the city unless (i) there is full compliance with all terms of the application and Conditions of Approval; or (ii) the Community Development Director can waive compliance with the terms of the application if they are minor in content. C. Construction of the project shall remain in substantial compliance with the approved exhibits and plans. Any change to the project design, materials or colors shall be subject to the review and approval of the Community Development Director who may administratively approve minor changes, or for more substantial changes, require review by the Planning Commission and City Council as a modification to the Planned Development. Agreement to Conditions June 6, 2005 PLN2004-00101 Page 5 of 29