3A Public Hearing 2009 0302 - Laserfiche WebLink

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number 2 of the proposed Vesting Tentative Map. The approval of this Site Plan Review Permit and Vesting Tentative Map for Lot 2 includes the vested right to use the 100 affordable dwelling units to meet the city's inclusionary housing requirement pursuant to the Inclusionary Housing Plan submitted by the applicant to the city on November 20, 2008. The approval of this Site Plan Review Permit and Vesting Tentative Map for Lot 2 shall vest the inclusionary housing requirement for the 400 dwelling units on Lot 1 combined with the 200 units on the BART parking lot site. The applicant will also provide an additional 5 inclusionary units to be provided in connection with the development of Lot 1. The 400 units contemplated for Lot 1 shall be required to receive a Site Plan Review Permit and nothing in this approval for Lot 2 vests with the applicant an approval of the Site Plan Review Permit for Lot 1 and any design or site planning conditions imposed by the Site Plan Review Permit for Lot 1. The applicant shall also enter into an Inclusionary Housing Agreement pursuant to condition XII (1) of these conditions of approval. If there is a conflict between this condition of approval and the Inclusionary Housing Agreement, the terms of the Inclusionary Housing Agreement shall apply. 2. No application for amendment of the application or Conditions of Approval maybe 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. 3. 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/or City Council as a modification to the Planned Development. 4. The project shall comply with the applicable Building and Fire Codes as adopted by the City of San Leandro including those relating to access and water supply. Building construction plans and/or Alternative Means shall be submitted and approved prior to start of any work. III. ENGINEERING CONDITIONS 1. Pursuant to Government Code Section 66020, including Section 66020 (d) (1), the City HEREBY NOTIFIES the applicant for this Project that the 90-day approval period (in which the applicant may protest the imposition of any fees, dedications, reservations, or other exactions imposed on this Project by these Conditions of Approval) will begin on the date of the conditional approval of this Project. If the applicant fails to file a protest within this 90-day period, complying with all of the requirements of Government Code Section 66020, the applicant will be legally barred from later challenging any such fees, dedications, reservations or other exactions. Vesting Tentative Map 8010! PLN2008-00054 Page 2 Conditions of Approval March 2, 2009