Agmt25 1900 Broadway Owner LLC - Laserfiche WebLink

Browse Search

accept the Affordable Site from Donor, (such arrangement referred to herein as the "Land Donation"). L. Only upon the Close of Escrow of the Land Donation, shall the Donor's obligations under the Ordinance and the Affordable Housing Plan be deemed satisfied. M. As of the date of this Agreement, the City Council has approved certain entitlements for the Affordable Development, including but not limited to an Architectural Permit, Vesting Tentative Parcel Map, and Density Bonus with associated Concessions and Waiver, subject to Conditions of Approval in connection with the development of the Affordable Site (collectively, the "Affordable Development Project Approvals"), N. This Agreement and the actions contemplated hereunder have been reviewed with respect to applicability of the Calif6rnia Environmental Quality Act (Public Resources Code Sections 21000 et seq.) ("CEQA").' On February 13, 2023, the City Council adopted Resolution No. 16124, certifying the Final Environmental Impact Report ("Housing Element Update EIR") and Mitigation Monitoring and Repotting Program ("Housing Element Update MMRP") for the Housing, Built Environment, Public Safety, Building Community, Natural Resources & Environmental Justice Elements Update to the Redwood City General Plan. On June 26, 2023, by adopting Resolution No. 16153,'the City Council certified a Subsequent Environmental Impact Report ("SEIR") to the Downtown Precise Plan, adopting CEQA findings of fact, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program ("DTPP Amendment MMRP") related to the City's approval of the Downtown Precise Plan Amendments. Concurrently with the approval of this Agreement and in connection with both the 1900 Broadway Project Approvals and the Affordable Development Project Approvals, the City Council also adopted a CEQA Guidelines Section 15183 Consistency Checklist, which determined that the 1900 Broadway Project and the Affordable Development are exempt from CEQA under CEQA Guidelines Section 15183 because there were no environmental effects which are peculiar to the project or its site, no potentially significant effects that were not already identified and analyzed in the Housing Element EIR and SEIR, nor are there any potentially significant off- site impacts and/or cumulative impacts which were not discussed in the Housing Element EIR and SEIR, nor is there any substantial new information that which was not known at the time of the certification of the Housing Element EIR and SEIR that identifies any significant effects which will have a more severe adverse impact than discussed in the Housing Element EIR and SEIR. As required by the Affordable Development Project Approvals, the Affordable Development shall implement and comply with all applicable mitigation measures described in the Housing Element EIR, SEIR and the Housing Element MMRP and DTPA Amendment MMRP, as well as the conditions of approval applicable to the 1900 Broadway Project and the Affordable Development. O. Developer acknowledges and agrees that: (i) the 1900 Broadway Project Approvals and Affordable Development Project Approvals provided adequate and proper notice that, pursuant to Government Code Section 66020, Developer's right to protest any requirements for fees, dedications, reservations, and other exactions as may be included in this Agreement must be made within ninety (90) days of the date of the earliest discretionary approval of the 1900 Broadway Project and Affordable Development Project Approvals; and, (ii) if no protest in compliance with Government Code Section 66020 is made within ninety (90) days frorn the date of the earliest discretionary approvals, the period in which Developer may protest any and all fees, ATTY/AGR/2024.193.1—AFFORDABLE HOUSING LAND DONATION AGREEMENT REV: 10-22-24 VR Page 3 of 35