Ord04 2265 - Laserfiche WebLink

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ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications for public improvements to be constructed by Developer shall be those in force and effect at the time of the applicable permit approval. Nothing in this Agreement shall prevent the City from denying or conditionally approving, on terms consistent with the Precise Plan and the provisions of this Agreement, any subsequent land use permit or authorization for the Project on the basis of ordinances, resolutions, rules, regulations and policies which are permitted under this section ("Applicable Rules"). Notwithstanding any provision of this Agreement to the contrary, the Building Code and fire, plumbing, mechanical, and electrical codes applicable to any portion of the Project shall be those applicable without reference to this Agreement. It is understood that the Project will require subdivision of the Property, and nothing in this Agreement shall be deemed to be an approval in advance of any subdivision, which applications shall be processed as stated in Section 1.03( c) of this Agreement. (g) Interpretation of Precise Plan; Key Elements. The following shall be the Key Elements of the Project for purposes of section 1.02(a) of this Agreement: (1) maximum number of residential units, maximum office square footage, and maximum commercial square footage; (2) uses allowable; (3) minimum or maximum setbacks, building heights, floor plates or other building dimensions (including bulk standards), or spacing between buildings; (4) minimum or maximum interior street widths or inner or outer esplanade dimensions; (5) minimum or maximum areas allowed to be occupied by tower buildings; (6) minimum or maximum areas to be occupied by interior marinas; (7) parking requirements, (8) development phasing; and (9) housing affordability levels, types (e. g., whether townhomes, detached, apartments or condominiums) and bedroom counts, all as set forth under the Precise Plan. The maximum number of residential units, maximum office square footage, maximum commercial square footage, and the uses allowable under the Precise Plan (in accordance with the terms of the Precise Plan) are intended to be available to the Developer at the Developer's option, provided that the Project complies with all other requirements of the Precise Plan and Applicable Rules, and are not to be reduced by the City amending the Precise Plan, or in implementation of the Precise Plan, during the Term. Where the Precise Plan specifies a minimum or maximum acceptable standard for a Key Element, the standard is not be made more restrictive by amending the Precise Plan, or in implementation of the Precise Plan, during the Term. Less restrictive standards may be applied during Project review and approval, in the City's discretion. The off- site traffic and other circulation exactions, and other exactions described in the Conditions of Approval, are intended to be exhaustive, and additional exactions for the impacts addressed by those sections shall not be imposed, except to the extent authorized under section 1.02(f). . Although the EIR considered a Project of 1930 residential units, and the Precise Plan and Conditions of Approval are intended to accommodate up to that many units, the plans for the Project are not completed so as to demonstrate that this number of units can be designed and built consistent with the requirements of the Precise Plan and the Conditions of Approval. The specific number of units permitted in each phase of the Project shall be determined as Developer submits approval requests to the City, based on the criteria and intent of the Precise Plan, on the Conditions of Approval and on the Applicable Rules, as they apply to the design presented by the Developer. 1289\02\ 175277 .12 6