Reso PC22-07 0080 PC Reso Recommending Approval of the Transit District Amendments to the General Plan and DTPP

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PC permit shall be in the form of a letter Notice of Official Action (NOA) that will contains the approvals and the conditions of approval. c. Appeal.Any aggrieved person or party may appeal the decision of the Planning Commission in accordance with the provisions set forth in Article 48 of the Zoning Ordinance. An appeal under this section is required before initiating any judicial action. Failure to file an appeal under this section constitutes failure to exhaust administrative remedies. The decision of the City Council shall be final. C) Environmental Review City staff shall assess the level of environmental review needed for development proposals. It is anticipated that projects deemed in conformity with the DTPP may not need further environmental review, and if so the NOA shall so state. In some cases, additional environmental analysis—such as a negative declaration, mitigated negative declaration, or an environmental impact report— may be necessary due to unique impacts which may arise from certain individual projects. Projects requiring such additional environmental review shall be subject to review by the Planning Commission Approval Authority. D) Development Agreement – Transit District Projects While projects within the Transit District must comply with Section 29.6(B)(2) of the City’s Inclusionary Housing Ordinance, applicants for any such projects seeking alternative phasing for residential and nonresidential project components shall enter into a Development Agreement with the City to negotiate such alternative phasing and 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. Unless there is a Development Agreement which specifies otherwise, Uupon 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 Page 5 of 45