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HomeMy WebLinkAbout0435 , i public agency. (2) The restrictions governing the use, improvement and maint- enance of the co~non open space, mus~ be stated as conditions to the conveyance of the common open space, and the fee title to the conunon open space shall be vested in a public agency ~ in the event of a substantial default in the stated conditions. ~ If the common open space is not conveyed to a public agency, the cov- ~ enants governing the use, improvements, and maintenance of the common 7 ~ open space may authorize a public agency to enforce their provisions. ~ ~ s ~ The developer must file, at the time the Piceliminary Plan is filed, ~ ~ legal documents which will produce the aforesaid guarantees and, in ~ particular, will provide for restricting the use of common open ~ space for its designated purpose. , ~ ~ _ Comomercial and Miscellaneous Non-Residential Uses: . ~ i k Non-residential accessory development may be permitted in a PDP if ~ ~ such development is for PDP residents and if actual need for such ~ development is generated by the PDP itself. ~ An commercial development shall be justified economically at the - Y ' locations proposed to provide for adequate comanercial facilities of ~ the types proposed. Consequently, the amount of area and type of commercial facilities to be allowed in the PDP shall be based upon a market analysis containing at least the following: ~ (1) Determination of the trade area of the proposed commercial ~ facilities; ~ (2) Determination of the trade area population, present and ~ t prospective; ~ ~ (3) Determination of the effective buying power in such area; ~ Determination of net potential customer buying power for ~ ~ 4~ . , ~ ~ stores in the proposed commerciai faci~iLi~S ~lu, ~ii ju~== basis, the recommended store types and store floar areas; ~ and ~ (5) Determination of the residual amount of buying power in the ~ ~ ~ trade area and how it may be expected to be expanded in ~ ~ other areas serving the trade area. ~ The market analysis shall be prepared and signed by a market analyst oR~~ ~4 ~ ' Eec~ ~ . ~ ~ ~ ~ _ _