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ORD 2309
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ORD 2309
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Last modified
9/18/2026 11:15:03 AM
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9/18/2026 11:13:30 AM
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CITY CLERK
CITY CLERK - TYPE
ORDINANCES
DOCUMENT DATE
9/1/2026
DESTRUCT DATE
PERMANENT
DOCUMENT NO
2309
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New City Laws are uniformly applied on a City-wide basis to all substantially similar types of <br /> development projects and properties.e. New City Laws that do not conflict with this <br /> Agreement, the Vested Approvals or the Subsequent Approvals and further provided that such <br /> New City Laws are uniformly applied on a City-wide basis to all substantially similar types of <br /> development projects and properties. <br /> Section 2.4 Moratorium, Initiatives and Conflictinq Enactments. To the extent <br /> consistent with State law (and excepting a declaration of a local emergency or state emergency <br /> as defined in Government Code § 8558), if any ordinance, resolution or other measure is <br /> enacted subsequent to the Effective Date, whether by action of City, by initiative, referendum, or <br /> otherwise, that imposes a building moratorium, a limit on the rate of development, or a voter- <br /> approval requirement which would otherwise affect the timely development or implementation of <br /> the Project or Project Approvals or Subsequent Approvals for all or any part of the Project Site <br /> ("City Law'), City agrees that such City Law shall not apply to the Project, the Project Site, this <br /> Agreement, the Project Approvals, or the Subsequent Approvals, if any, during the Term. <br /> Section 2.5 Life of Project Approvals or Subsequent Approvals. The term of <br /> any other Project Approval or Subsequent Approval shall automatically be extended for the <br /> longer of the Term or the term otherwise applicable to such Project Approval or Subsequent <br /> Approval if this Agreement is no longer in effect. The term of any other Project Approval or <br /> Subsequent Approval shall not include any period of time during which any applicable <br /> development or utility moratorium, lawsuit, or the actions of other public agencies that regulate <br /> land use, delays the granting of any Subsequent Approval or the development of the Project, <br /> including, but not limited to, the period of time of any lawsuit challenging the Project Approvals <br /> and/or Subsequent Approvals. Any tentative map prepared for the Project shall comply with <br /> Government Code Section 66473.7. <br /> Section 2.6 Reliance on Addendum. An Addendum to the Project EIR was <br /> prepared for and adopted by City. The Addendum was prepared to determine whether or not the <br /> Project EIR prepared for and certified by the County of Alameda in connection with the County <br /> Proposal remains sufficient to address the potential impacts of the Project being proposed in the <br /> City, which was a responsible agency for purposes of the Project EIR, or whether additional <br /> documentation is required under CEQA. Pursuant to CEQA Guidelines Sections 15162 <br /> and15164, the Addendum evaluated the proposed changes and documented the basis for the <br /> conclusion that the proposed changes would not result in new significant environmental impacts <br /> or a substantial increase in the severity of previously identified impacts, and further, that no new <br /> information of substantial importance has occurred. <br /> Section 2.7 Subsequent CEQA Review. In the event that any additional <br /> CEQA documentation is legally required for any discretionary Subsequent Approval for the <br /> Project, then the scope of such documentation shall be focused, to the extent possible <br /> consistent with CEQA, on the specific subject matter of the Subsequent Approval, and the City <br /> shall conduct such CEQA review in a timely manner. <br /> ARTICLE 3 Developer Obligations <br /> Section 3.1 Obligations of Developer Generally. The Parties acknowledge <br /> and agree that City's agreement to perform and abide by the covenants and obligations of City <br /> set forth in this Agreement is a material consideration for Developer's agreement to perform and <br /> abide by its covenants and obligations, as set forth herein. <br /> 8 <br />
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