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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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29 <br /> <br />impacts of the entire Project as it is described in the Project Approvals. It is agreed that, in <br />acting on any discretionary Subsequent Approvals for the Project, City shall rely on the FEIR <br />and FEIR Addendum to satisfy the requirements of CEQA to the fullest extent permissible by <br />CEQA and City shall not require a new initial study, negative declaration, EIR or subsequent or <br />supplemental FEIR, or addendum to the FEIR unless required by CEQA and shall not impose on <br />the Project any mitigation measures or other conditions of approval other than those specifically <br />imposed by the Project Approvals and the MMRP or specifically required by the Applicable <br />Rules. <br />(b) 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 />4.14. 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 or changes <br />in seismic requirements. Any such renovation or rebuilding shall be subject to the Vested <br />Elements, shall comply with the Project Approvals, the building regulations existing at the time <br />of such rebuilding or reconstruction, and the requirements of CEQA. <br />ARTICLE V <br />ANNUAL REVIEW <br />5.1. Annual Review. The annual review required by California Government Code <br />Section 65865.1 (“Annual Review”) shall be conducted for the purposes and in the manner <br />stated in those laws as further provided herein. As part of the Annual Review, City and <br />Developer shall have a reasonable opportunity to assert action(s) that either Party believes have <br />not been undertaken in accordance with this Development Agreement, to explain the basis for <br />such assertion, and to receive from the other Party a justification for the other Party’s position <br />with respect to such action(s), and to take such actions as permitted by law. The procedure set <br />forth in this article shall be used by Developer and City in complying with the Annual Review <br />requirement. The City and Developer agree that the Annual Review process will review <br />compliance by Developer and City with the obligations under this Development Agreement but <br />will not review compliance with other Project Approvals. <br />5.2. Commencement of Process; Developer Compliance Letter. At least fifteen (15) <br />business days prior to the anniversary of the Effective Date each year, Developer shall submit a <br />letter to the Director of City’s Community Development Department demonstrating Developer’s <br />good faith compliance with the material terms and conditions of this Development Agreement <br />and shall include in the letter a statement that the letter is being submitted to City pursuant to the <br />requirements of Government Code Section 65865.1. <br />5.3. Community Development Director Review. Within thirty (30) days after the <br />receipt of Developer’s letter, the Community Development Director shall, acting in good faith, <br />review Developer’s submission and determine whether Developer has, for the year under review, <br />demonstrated good faith compliance with the material terms and conditions of this Development
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