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8B Consent 2014 0421
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8B Consent 2014 0421
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4/30/2014 3:58:18 PM
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4/17/2014 6:06:35 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
4/21/2014
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_CC Agenda 2014 0421 CSAmended+RG
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0421
Ord 2014-002
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\City Clerk\City Council\Ordinances\2014
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<br /> 14 <br /> <br /> <br />and drainage necessary for the Project; provided, however, such conditions and dedications shall <br />not be inconsistent with the Applicable Rules or Project Approvals, nor inconsistent with the <br />development of the Project as contemplated by this Agreement. <br />b. No conditions imposed on Subsequent Approvals shall require <br />dedications or reservations for, or construction or funding of, public infrastructure or public <br />improvements beyond those already included in the MMRP. In addition, any and all conditions <br />imposed on Subsequent Approvals for the Project must comply with Sections 2.6.2 and 2.6.3 <br />herein. <br />2.7. Life of Project Approvals and Subdivision Maps <br />2.7.1. Life of Vesting Tentative Map. The terms of any vesting tentative map for <br />the Property, any amendment or reconfiguration thereto, or any subsequent tentative map, shall <br />be automatically extended such that such tentative maps remain in effect for a period of time <br />coterminous with the term of this Development Agreement. <br />2.7.2. Life of Other Project Approvals. The term of all other Project <br />Approvals, including without limitation any Planned Development Permit, or other City approval <br />or entitlement, shall be automatically extended such that these Project Approvals remain in effect <br />for a period of time at least as long as the term of this Development Agreement. <br />2.7.3. Termination of Agreement. In the event that this Agreement is terminated <br />prior to the expiration of the Term of the Agreement, the term of any tentative map or an y other <br />Project Approval and the vesting period for any final subdivision map approved as a Project <br />Approval shall be the term otherwise applicable to the approval, which shall commence to run on <br />the date that the termination of this Agreement takes effect (including any extensions). <br /> <br />2.7.4. Reliance on Project FEIR and MND. The 2007 FEIR and MND, which <br />have been adopted by City as being in compliance with CEQA, addresses the potential <br />environmental impacts of all phases of the Project as it is described in the Project Approvals. It <br />is agreed that, in acting on any discretionary Subsequent Approvals for the Project, City will rely <br />on the FEIR and MND to satisfy the requirements of CEQA to the fullest extent permissible by <br />CEQA and City will not require a new initial study, negative declaration, EIR or subsequent or <br />supplemental FEIR unless required by CEQA and will not impose on the Project any mitigation <br />measures or other conditions of approval other than those specifically imposed by the Project <br />Approvals and the MMRP or specifically required by the Applicable Rules. <br />2.7.5. Subsequent CEQA Review. In the event that any additional CEQA <br />documentation is legally required for any discretionary Subsequent Approval for the Project, <br />then the scope of such documentation shall be focused, to the extent possible consistent with <br />CEQA, on the specific subject matter of the Subsequent Approval, and the City shall conduct <br />such CEQA review as expeditiously as possible. <br />2.8. Developer’s Right to Rebuild.Developer may renovate or rebuild the Project <br />within the Term of this Agreement should it become necessary due to natural disaster, changes in
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