AgdaPkt 2004-05-24 - Laserfiche WebLink

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�. A-t� �, what the City wants, the DA must "set in stone' the final project approval, maximum number of units, utilities, phasing, how amendments will be processed, tertns, and other important elements. Unlike the Precise Plan, the DA requires both parties to agree to it. Some of the highlights of the MSV Developmei�t Agreement include: . Provides "vesting" rights to develop the project in conformance with the Precise Plan . Limit tertn to 20 years . Establishes minimum progress standards for the developer, otherwise the term of the development agreement will end . Recognizes that water supply is constrained and the availability of water supply will be detertnined at each of the approval stages. Please refer to the Development Agreement sent to you under separate cover for more information. 5. Statement of Overridina Considerations and Ado�tion of the Mitiaation Monitorina Pro ram. The Planning Commission certified the Environmental Impact Report (EIR) for MSV on July 8, 2004. That EIR did recognize that some environment impacts were significant arrd unavoidable (e.g. traffic, visual impacts, etc.), and � could not be mitigated. Therefore the City Council must adopt a written "Statement of Overriding Considerations" if it decides to approve the MSV Project. The Statement of Overriding Considerations �s simply the findings or reasons why the benefits of the project outweigh the unavoidable significant impacts outlined in the EIR. The Statement of Overriding Considerations is included in Attachment 3. In addition to the Statement of pverriding Considerations, the Council must adopt the "Mitigation Monitoring Program". The mitigation monitoring program assures that the all the mitigations measures outlined in the EIR wiil be implemented during the project. The Mitigation Monitoring Program is also found in Attachment 3. Since certification of the EIR; staff has determined that the feasibility of two (2) mitigation measures warrants further consideration (see Mitigation 7-16 on page 7- 86 of the EIR). The mitigation measures are the addition of a dedicated eastbound right-tum tane and addition of a second westbound left-tum lane at the intersection of Veterans Boulevard and Whipple Avenue. While these mitigation measures are technically feasible to reduce significant cumulative impacts at the Veterans Boulevard/Whipple Avenue intersection to less than significant levels, they do require property acquisition and widening of a freeway overpass which significantly increase project costs and which would require extensive coordination with State agencies. The City Council may determine that these complicating factors render 15