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A. The city shall not impose additional Unified Development Code standards on a proposed planned development which has been given preliminary approval, even if code standards have been amended, provided a final development plan is submitted within the original three-year period or within the time period prescribed by the development agreement for final development plan submittal. If the applicant requests an extension of time, the city may impose additional standards on the preliminary planned development approval if such changes are based upon changes to the Unified Development Code or any other ordinances which have occurred since the original planned development approval was granted.

B. A plan submitted for final approval shall be deemed to be in substantial compliance with the plan given preliminary approval, provided any modification by the applicant does not:

1. Increase the residential density;

2. Reduce the area set aside for common open space;

3. Relocate the open space in a manner which makes it less accessible or usable to the public or the tenants of the development;

4. Reduce any of the landscape buffers in width or density of planting between the development and adjoining properties;

5. Change the point(s) of access to different streets;

6. Increase the total ground area covered by buildings or other impervious surfaces by more than ten percent;

7. Relocate buildings or impervious surfaces to areas designated as “critical areas”;

8. Fail to preserve trees or other unique natural features which were required to be preserved by the preliminary planned development approval. (Ord. 3774-20 § 5(Q) (Exh. 3), 2020.)