Reso23-15 Reso 0049 PC23-15 PC Reso Re...lan Amendments and DTPP Amendments

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E) Development Agreement — Twit DistriiGt Pro}ec;ts Whine PF9j=eGt m„S+ Gernpl„ with a DevelopmeRt AgreemeRt with Gity tG Regetiate SUGh alt rRative phavmg address GOmmi snit benefits offered by the Dr()jeGt Applicants for any Large projects within the DTPP (including Transit District) seeking: (a) alternative phasing for residential and nonresidential project components from the requirements of Section 29.6(B)(2) of the City's Affordable Housing Ordinance. and/or (b) a General Plan Amendment, shall enter into a Development Agreement with the City to negotiate such alternative phasing. General Plan Amendment, and/or address community benefits offered by the Project. (RENUMBER SUBSEQUENT SECTION) Sec. 2.0.4 — MAXIMUM ALLOWABLE DEVELOPMENT (M.A.D.) While dwelling units per acre (du/ac) and floor area ratio (FAR) are not restricted on a site -by - site basis, the City Council has established and adopted Maximum Allowable Development permitted under the provisions of this Precise Plan for the DTPP Area as a whole. The City will monitor and publish the amount of development that occurs after adoption of the Plan in a form to be determined by the Planning Manager/ Designee. Updates to this summary of development will occur each time new development takes place. When the MAD is reached in any category, expressed either in housing units or square footage, no further development in that category may be permitted without an amendment to the MAD provisions of the Precise Plan by the City Council. Not later than 30 days after the granting of entitlement to 80% or more of the Allowable Units or any of the Allowable Square Footage totals in any category, the Planning Manager/Designee shall report to the City Council the crossing of the 80% threshold and the City Council may, but is not required to, initiate consideration of an amendment to the Precise Plan to modify the M.A.D. specified in the Plan. Upon issuance of a Building Permit, a project shall be deemed to be entitled to the number of dwelling units or square footage specified in the Building Permit, but such entitlement shall expire unless construction commences for such units or square footage within one year of the date of issuance of the Building Permit and is pursued reasonably to completion as determined by the Chief Building Official. No Building Permit may be issued to allow a net increase in development in excess of the MAD in any category as specified in the Precise Plan. A Building Permit erroneously issued in excess of the MAD shall confer no legal rights. No MAD limits are established on the number of residential units, consistent with the state's Housing Accountability Act (HAA; Government Code Sec. 65589.5) and Housing Crisis Act (HCA; Government Code Sec. 66300 et seq.); however environmental review has been performed at a programmatic level through the DTPP EIR. the Transit District SEIR. the DTPP Plan -Wide SEIR, and the Housing Element with affordability levels in accordance with the Affordable Housina Ordinance: ATTY/RESO.0049/PC RESO RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENTS AND DTPP AMENDMENTS - EXHIBIT A REV: 06-07-23 VR Page 7 of 19