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Packet 07052022
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Last modified
9/29/2025 1:57:07 PM
Creation date
7/13/2022 11:42:08 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
7/5/2022
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PERM
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Ord 2022-010 Shoreline Development Agreement
(Amended)
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\City Clerk\City Council\Ordinances\2022
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28 <br /> <br />of the Project Approvals shall apply. In the event of a conflict between the Project Approvals <br />(on the one hand) and this Development Agreement, in particular, (on the other hand), the <br />provisions of this Development Agreement control. <br />4.11. Scope of Review of Subsequent Approvals. By approving the Project Approvals, <br />City has made a final policy decision that the Project is in the best interests of the public health, <br />safety and general welfare. Accordingly, City shall not use its authority in considering any <br />application for a discretionary Subsequent Approval to change the policy decisions reflected by <br />the Project Approvals or otherwise to prevent or delay development of the Project as set forth in <br />the Project Approvals. Instead, the Subsequent Approvals shall be deemed to be tools to <br />implement those final policy decisions. The scope of the review of applications for Subsequent <br />Approvals shall be limited to a review of substantial conformity with the Vested Elements and <br />the Applicable Rules (except as otherwise provided by Article 4), and compliance with CEQA. <br />Where such substantial conformity/compliance exists, City shall not deny an application for a <br />Subsequent Approval for the Project. In connection with any Subsequent Approvals, City shall <br />have the right to impose reasonable conditions including, without limitation, normal and <br />customary dedications for rights of way or easements for public access, utilities, water, sewers, <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. Developer desires to retain the <br />ability to apply for either a single lot or multiple lot subdivision for each component of the <br />Single Family Element, and City shall reasonably consider and shall not unreasonably withhold <br />approval of Developer’s subdivision applications and parcel maps for the Single Family <br />Element. <br />4.12. Life of Project Approvals and Subdivision Maps. <br />(a) Life of Tentative Map. The terms of any tentative map for the Developer <br />Acquired Property, any amendment or reconfiguration thereto, or any subsequent tentative map, <br />shall be automatically extended such that such tentative maps remain in effect for a period of <br />time coterminous with the term of this Development Agreement. <br />(b) Life of Other Project Approvals. The term of all other Project Approvals, <br />including without limitation any Planned Development Permit, shall be automatically extended <br />such that these Project Approvals remain in effect for a period of time at least as long as the term <br />of this Development Agreement. <br />(c) 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 any 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 />4.13. Further CEQA Environmental Review. <br />(a) Reliance on Project FEIR. The FEIR and FEIR Addendum, which have <br />been adopted by City as being in compliance with CEQA, addresses the potential environmental
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