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information which was not known at the time of the DTPP EIR and DTPP SEIR or Housing <br />Element Update EIR that identifies any significant effects that were not already identified and <br />analyzed in the certified DTPP EIR and DTPP SEIR or Housing Element EIR; <br />3. On October 28, 2024, by City Resolution Nos. 16254 and 16257, the City <br />Council approved General Plan and DTPP Amendments specific to the Project; <br />4. On August 13, 2024, pursuant to the Surplus Land Act (Government Code <br />Sections 54220 et sect.), the State of California Department of Housing and Community <br />Development determined that the City Parcel was found to be exempt surplus land pursuant to <br />Government Code Section 54221(f)(1)(B) as the City Parcel is less than one-half acre and is not <br />contiguous to land owned by a state or local agency that is used for open space or low- and <br />moderate -income housing purposes; <br />5. On October 28, 2024, as set forth in City Resolution No. 16254, the City <br />Council approved a Vesting Tentative Parcel Map ("VTPM"), a Downtown Planned Community <br />Permit, and Use Permit, subject to Conditions of Approval for the Project, and also approved an <br />Affordable Housing Plan authorizing the alternative compliance with the Affordable Housing <br />Ordinance, approved the Affordable Housing Partner as a qualified designee, and approved the <br />Affordable Housing Land Donation Agreement and land donation contemplated thereunder; <br />6. On October 28, 2024, as set forth in City Resolution No. 16257 and in <br />connection with approving the development of the Affordable Housing Project at the Affordable <br />Site, the City Council approved an Affordable Housing Plan, an Architectural Permit, Vesting <br />Tentative Parcel Map, Density Bonus with associated Concessions and Waivers, with Conditions <br />of Approval, an Affordable Housing Plan, Land Donation, and Affordable Housing Land Donation <br />Agreement. <br />M. Pursuant to DTPP Section 2.0.3, the Project qualifies as a "Large Project" within <br />the DTPP given its size and height. Because the Project requested a General Plan Amendment to <br />adjust the MAD Caps, a development agreement is desired to address alternative phasing for <br />residential and nonresidential project components otherwise required by Section 29.6(B)(2) of the <br />City's Affordable Housing Ordinance and to identify the community benefits offered by the <br />Project. <br />N. Consistent with the Project Approvals, the parties anticipate that during the Term <br />of this Agreement, as defined in Section 3.2 below, and subsequent to the Effective Date, as <br />defined in Section 3.1 below, Developer shall seek from the City certain subsequent land use <br />approvals, entitlements, and permits as will be necessary or desirable for implementation of the <br />Project, collectively referred to as "Subsequent Approvals," and as more particularly described <br />in Article 9 of this Agreement. When any Subsequent Approval applicable to the Property is <br />approved by the City, then such Subsequent Approval shall become subject to all of the terms and <br />conditions of this Agreement applicable to the Project Approvals and shall be treated as part of the <br />Project Approvals, as defined in Recital L above. <br />5 <br />ATTY/AGR/2024.193 - GATEKEEPER DA -1900 BROADWAY <br />REV: 10-22-24 VR <br />