AgdaPkt 2004-06-07 - Laserfiche WebLink

Browse Search

�'� �� � 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, terms, and other important elements. Unlike the Precise Plan, the DA requires both parties to �7gree to it. , Sorie of the highlights of the MSV Devetopment Agreement include: • Provides "vesting" rights to develop the project in conformance with the Precise Plan • Limit term to 20 years • Establishes minimum progress standar�s 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 determined at each of the approval stages. Please refer to the Development Agreement sent to you under separate cover for more information. 5. Statement of Overridinq Considerations and Adoption of the Mitigation Monitoring Propram. 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 and 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 is simply the findings or reasons why the benefits of the project oufinreigh the unavoidable significant impacts outlined in the EIR. The Statement of Overriding Considerations is included in Attachment 3. In addition to the Statement of Overriding Considerations, the Council must adopt the "Mitigation Monitoring Program". The mitigation monitoring program assures that the all the mitigations measures outlined in the EIR will 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 finro (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-turn lane and addition of a second westbound left-turn 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/VNhipple 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