Ord04 2265 - Laserfiche WebLink

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(h) Further Densitv Bonuses Not Required. The parties to this Agreement agree that the Precise Plan provides mixed use zoning (i. e., Planned Community [P]), flexibility in site development standards, and substantial density increases as concessions and incentives within the meaning of Government Code Section 65915, in consideration of the mandatory minimum affordable housing requirements set forth in Chapter IV of the Precise Plan, and no additional concessions or incentives shall be required of the City pursuant to Section 65915, regardless of whether Developer increases the percentage of affordable housing to be included in the Project. These concessions and incentives may be reduced as a remedy if Developer fails to provide the number of affordable housing units required by the Precise Plan. 1.03 Proiect Approvals; Assessments. (a) Provided that Developer has complied with this Agreement, the Conditions of Approval, the Applicable Rules, and the Precise Plan, City shall review and, if consistent with the Precise Plan, the Conditions of Approval and Applicable Rules, issue, or cause to be issued, any and all subsequent permits and approvals that may be required by the City, and shall fully cooperate with Developer in its efforts to obtain any permits and approvals required by any other governmental agency with regulatory authority over the Project or the Property, subject to the remaining provisions of this Section 1.03. (b) Building Permits. Developer applications for building permits shall be processed as stated in Section 1.02(f) of this Agreement. (c) Parcelization of the Property. Developer shall have the right from time to time or at any time, to apply to reconfigure the parcels comprising the Property as may be necessary in order to develop a particular phase of the Project, or to lease or finance a portion of the Property in connection with the development of the Project. City shall accept and timely process, and may impose legally authorized conditions on, any such application, consistent with this Agreement, the Precise Plan, Conditions of Approval and Applicable Rules. (d) Exactions. All further or subsequent approvals contemplated by this Agreement, or made in connection with the development of the Project hereunder, shall be processed in accordance with the Precise Plan and the Applicable Rules, and this Agreement. The parties acknowledge that the provisions contained in this section are intended to implement the intent of the parties that the Developer shall have the right to develop the Project pursuant to specified and known criteria and rules. (e) Assessments. Nothing herein shall be construed to relieve the Property from assessments levied against it by City pursuant to any statutory procedure for the assessment of property to pay for infrastructure and/or services which benefit the Property, provided such assessments apply on a basis which does not discriminate against the Property or the Project, to at least one other site within the City and further provided that credit is available to the Developer, when appropriate, for improvements completed or to be completed by the Developer at the Developer's expense. 1289\02\ 175277 .12 7