ORD 2307 - Laserfiche WebLink

Section 2.6 Obligation to Develop. Developer shall use its best commercial efforts, in accordance with its own business judgment and taking into consideration market conditions and other economic factors influencing Developer’s business decision, to commence and continue development of the Project in a regular, progressive, and timely manner in accordance with the terms, requirements, and conditions of the Project Approvals and this Agreement. Section 2.7 Compliance with State and Federal Law. This Agreement is subject to Developer’s compliance with all applicable federal and State laws and regulations and compliance with applicable provisions of the California Environmental Quality Act, Public Resources Code sections 21000 et seq. (“CEQA”). Section 2.8 Reliance on EIR. An Environmental Impact Report was prepared for the Project (SCH 2019080461) and certified by the City in accordance with the California Environmental Quality Act, along with adoption of a MMRP and Findings of Fact. The EIR evaluated the environmental effects of annexation, General Plan amendments, rezoning, and development of the Project site, including residential development, public improvements, and open space dedication. The Project is consistent with the land use designations, development intensity, and policy framework evaluated in the certified EIR, including the applicable General Plan and Housing Element assumptions for the site. There are no new significant effects peculiar to the Project or its site that were not analyzed in the EIR, nor are there new significant impacts or substantially more severe impacts than those previously identified. Additionally, there are no new significant off-site or cumulative impacts that were not addressed in the EIR. All applicable mitigation measures identified in the EIR have been incorporated into the Project as conditions of approval and will be implemented in accordance with the adopted MMRP. The EIR identified impacts to VMT as significant and unavoidable; however, the City adopted a Statement of Overriding Considerations in connection with EIR certification. This impact conclusion remains applicable to the Project and is not unique to this site, given the regional and programmatic assumptions of calculating VMT. Section 2.9 Subsequent CEQA Review. In the event that any additional CEQA documentation is legally required for any discretionary Subsequent Approval for the Project, then the scope of such documentation shall be focused, to the extent possible consistent with CEQA, on the specific subject matter of the Subsequent Approval, and the City shall conduct such CEQA review in a timely manner. ARTICLE 3 Developer Obligations Section 3.1 Obligations of Developer Generally. The Parties acknowledge and agree that Developer’s agreement to perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for City’s agreement to perform and abide by its long-term covenants and obligations, as set forth herein. Section 3.2 Developer Obligations. The Developer shall comply with all of the requirements set forth below: