(2) Final PUD plans may be submitted in phases, if such phases were approved as part <br />of the tentative PUD consideration. The boundaries of each phase of the final PUD <br />plans shall coincide with the boundaries of the phasing areas approved at the <br />tentative plan stage. Requests to extend the time frame for a specific phase shall be <br />subject to EC 9.7340 Expiration. <br />(3) Individual phases of a PUD may not be submitted for final PUD review until the <br />boundaries of the phases are legal lots as defined in this land use code, and <br />documents necessary to assure permanent maintenance, at no expense to the city, <br />of buildings, common use facilities, landscaping, open space, and outdoor living <br />areas have been executed and recorded. <br />(4) When a PUD or any phase thereof is submitted for final approval, each design team <br />member shall provide written certification that the portion of the project in which <br />he or she was involved continues to comply with the approved tentative plan <br />conditions of approval. <br />(5) Public improvements as required by this land use code or as a condition of tentative <br />plan approval have been completed, or: <br />(a) A performance [agreement f ]bond[)] or suitable substitute as agreed upon by <br />the city has been filed with the city finance officer in an amount sufficient to <br />assure the completion of all required public improvements; or <br />[Comment: Revised consistent with other similar provisions to avoid confusion with required <br />general performance agreements.] <br />(b) A petition for public improvements and for the assessment of the real <br />property for the improvements has been signed by the property owner <br />seeking the subdivision, and the petition has been accepted by the city <br />engineer. <br />9.8365 Final Planned Unit Development Approval Criteria. The planning director shall <br />approve, approve with conditions, or deny a final PUD application. Approval shall <br />include a finding that the final PUD plan conforms with the approved tentative PUD plan <br />and all conditions attached thereto[, <br />[Comment: Revised to require compliance with all conditions, as well as the approved plan. <br />Deleted language is unnecessary, as that determination would be made during tentative review.] <br />9.8370 Modifications to Approved Planned Unit Development. The applicant for the original <br />PUD may apply for a modification of the final PUD approval following the Type II <br />process. The planning director shall approve the request only if it complies with the <br />following criteria: <br />(1) The proposed modification is consistent with the conditions of the original <br />approval. <br />(2) The proposed modification will result in insignificant changes in the physical <br />appearance of the development, the use of the site, and impact on the surrounding <br />properties. <br />If the planning director determines that the proposed modification is not consistent with <br />the above criteria, the proposed modification may not occur unless a new tentative PUD <br />application is submitted based on the Type III procedural requirements. Nothing in this <br />section shall preclude the applicant from initially submitting the requested modification <br />February 2001 Draft Land Use Code (legislative version) - 376 o 0 0 r.) <br />02/08/01 .i C <br />