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recreational rooftop structures within existing heigh limitations); parking requirements; historical
<br />resources; and open space. The proposed amendments would also allow for exceptions, at certain
<br />sites, to requirements concerning building placement, minimum heights, and stepdown zones. It
<br />was also contemplated that each Gatekeeper Project would thereafter request amendments to the
<br />General Plan and DTPP as relevant to each individual Gatekeeper Project's needs.
<br />K. While the Plan -Wide Amendments did not propose significant changes to the MAD
<br />Caps or an extension of the DTPP boundary, the environmental impacts of doing so were studied
<br />in anticipation of the Gatekeeper Projects. Prior to its approval of the DTPP Plan -Wide
<br />Amendments, on June 26, 2023, the City Council certified a Subsequent Environmental Impact
<br />Report to the DTPP Final EIR ("DTPP SEIR") by Resolution No. 16153, which analyzed the
<br />potential environmental impacts of the proposed DTPP Plan -Wide Amendments and included a
<br />CEQA analysis of the six Gatekeeper Projects on a programmatic level, including the subject
<br />Project. The City Council also approved and adopted a MMRP ("DTPP Plan -Wide Amendments
<br />MMRP") in connection with the DTPP SEIR, which requires project implementation of certain
<br />measures designed to reduce or avoid significant project impacts, including but not limited to the
<br />Developer's responsibility to the extent applicable to upgrade the water system, sanitary sewer
<br />system, stozmwater system and install recycled water infrastructure as part of the Project.
<br />L. Prior to or concurrently with the approval of this Agreement, City has taken
<br />numerous actions in connection with the development of the Project on the Property, and the
<br />development of the Affordable Housing Project at the Affordable Site, and has determined that the
<br />Project complies with the plans and policies set forth in the General Plan, Housing Element
<br />Update, and DTPP, as proposed to be amended. The City also has determined that the Affordable
<br />Housing Project at the Affordable Site complies with the City's development standards, the plans
<br />and policies set forward in the General Plan, and meets the requirements of the City's Affordable
<br />Housing Ordinance. The project plans, approvals and determinations described in this Recital are
<br />collectively referred to herein as the "Project Approvals." These Project Approvals include:
<br />1. As further described in Recitals J and K above, on June 26, 2023, by
<br />adopting Resolution No. 16153, the City Council certified the DTPP SEIR, approved the DTPP
<br />Plan -Wide Amendments, adopted CEQA Findings of Fact, a Statement of Overriding
<br />Considerations, and the DTPP Plan -Wide Amendments MMRP;
<br />2. On October 28, 2024, and as set forth in City Resolution Nos. 16254 and
<br />16257, the City Council considered the CEQA Guidelines Section 15183 Consistency Checklist
<br />for the Project and Affordable Housing Project, dated September 13, 2024, and its findings
<br />prepared by the City's Planning Division (collectively, the "Consistency Checklist"), the DTPP
<br />EIR and the DTPP SEIR and DTPP Plan -Wide Amendments MMRP as well as the Housing
<br />Element Update EIR and Housing Element Update MMRP, as recommended by the Planning
<br />Commission on September 17, 2024, in Resolution No. 24-07 in connection with the Project
<br />Approvals, and in Resolution No. 24-06 in connection with the Affordable Housing Project
<br />approvals, and determined that there are no environmental effects which are peculiar to the Project,
<br />the Property, the Affordable Housing Project and Affordable Site, nor are there any new significant
<br />effects, potentially significant off-site impacts or cumulative impacts, or substantial new
<br />4
<br />ATTY/AGR/2024.193-GATEKEEPER DA -1900 BROADWAY
<br />REV: 10-22-24 VR
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