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<br />1.7.1. 2007 FEIR. The 2007 FEIR, which was prepared for the TOD Strategy
<br />pursuant to CEQA, was recommended for adoption by the Planning Commission on August 23,
<br />2007, and adopted with findings by the City Council on September 4, 2007, by Resolution No.
<br />2007-111.
<br />1.7.2. Mitigated Negative Declaration. The Mitigated Negative Declaration or
<br />Categorical Exemption, which was prepared pursuant to CEQA, was recommended for adoption
<br />by the Planning Commission on February 20, 2014, by Resolution No. 2014-02, and adopted
<br />with findings by the City Council on ________, 2014, by Resolution No. _____ (the “MND”).
<br />1.7.3. Zoning Amendment. On , 2014, following Planning
<br />Commission review and recommendation, and after a duly noticed public hearing, the City
<br />Council, by Ordinance No. _____, approved a zoning change of the Property from Downtown
<br />Area 5, Special Review Overlay District “(DA-5)(S)” to Downtown Area 5, Special Review and
<br />Planned Development Overlay District “(DA-5)(S)(PD),” and from Public-Semipublic District,
<br />Special Review Overlay District “(PS)(S)” to Public-Semipublic “(PS)(S)(PD)” (the “Zoning
<br />Amendment”).
<br />1.7.4. Planned Development Project Approval. On ________, 201_, following
<br />Planning Commission review and recommendation, and after a duly noticed public hearing, the
<br />City Council, by Resolution No. _____, approved the Planned Development Project Application
<br />submitted by Developer for the Project (the “Planned Development Permit”).
<br />1.7.5. Development Agreement. On ________, 201_, following Planning
<br />Commission review and recommendation, and after a duly noticed public hearing, the City
<br />Council, by Ordinance No. _____, approved this Development Agreement and authorized its
<br />execution.
<br />1.7.6. Subsequent Approvals. In order to develop the Project as contemplated in
<br />this Development Agreement, the Project may require land use approvals, entitlements,
<br />development permits, and use and/or construction approvals other than those listed in
<br />Sections 1.7.1 through 1.7.5 above, which may include, without limitation: development plans,
<br />amendments to applicable redevelopment plans, conditional use permits, variances, subdivision
<br />approvals, street abandonments, design review approvals, demolition permits, improvement
<br />agreements, infrastructure agreements, grading permits, building permits, right-of-way permits,
<br />lot line adjustments, site plans, sewer and water connection permits, certificates of occupancy,
<br />parcel maps, lot splits, landscaping plans, master sign programs, transportation demand
<br />management programs, encroachment permits, and amendments thereto and to the Project
<br />Approvals (collectively, “Subsequent Approvals”). At such time as any Subsequent Approval
<br />applicable to the Property is approved by the City, then such Subsequent Approval shall become
<br />subject to all the terms and conditions of this Development Agreement applicable to Project
<br />Approvals and shall be treated as a “Project Approval” under this Development Agreement.
<br />1.8. Definitions.
<br />The capitalized terms used in this Development Agreement have the meanings set forth
<br />in Appendix I attached hereto.
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