Ord98 2136 and agreement - Laserfiche WebLink

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WHEREAS, the purpose of the aforesaid commercial designation is to provide a buffer zone between the residential areas of the Specific Plan and the industrial type of usage associated with wastewater treatment and disposal facilities located generally easterly of the Lido area; WHERE3%S, Lots 4 and 5, aforesaid, comprise the land located within the CG Zoning District Classification established by Ordinance No. 1130-289; WHERE,, on May 2, 1995, a Vesting Tentative Map was approved for the Property and a Final Map was subsequently approved and recorded for the Property; WHEREAS, at the time of the approval of the Vesting Tentative Map the Property was zoned CG and designated for certain commercial uses in the Specific Plan; WHEREAS, on June 22, 1997, an A~chitectural Permit was issued by the City for the development of a four-story 115,000 square foot office building and related parking structure on the Property (the ~Development"); WHEREAS, the City has scheduled for consideration at the City Council meeting on December 18, 1997, an urgency moratorium ordinance under Government Code Section 65858(a) to establish a moratorium upon the Development in the form attached hereto as Exhibit A for the reasons stated in Exhibit A (the ~Urgency Moratorium Ordinance"); WHEREAS, the Owners of the Property have asserted that the City has no legal right to pass the Urgency Moratorium Ordinance or to change the CG zoning or Specific Plan designation for the Property and have threatened legal action to confirm their right to proceed with the Development (the "Claims"); WHERF3%~, the City and the Owners recognize the costs and uncertainties involved in litigation of this matter and desire to fully and forever resolve their dispute; NOW, THEREFORE, the City and the Owners agree as follows: 1. Owner's Agreement to Revise Development. The Owners agree to modify the Development to reduce it in size and density to two (2) two-story office/R & D ("Research and Development") buildings totaling no more than 89,000 gross buildable square feet with surface parking only (the "Revised Development"). Attached hereto as Exhibit B are site plans and elevations of the Revised Development.