RES 94123 - Laserfiche WebLink

allocations for the economically feasible development of the Specific Plan area am not likely to be available until 1998. NOW, THEREFORE, in consideration of the mutual promises expressed herein, District and City hereby agree as follows: L District, or District's successor-in-intar~st, shall continue to work toward implementation of the Specific Plan by fulfilling its role as a "Funding D~veloper;" in so acting, District shall exercise its best judgment in acting in the best intonest of all the properties in the SpeGific Plan area in reaching the coordinated, compromise decisions as will be n~cessary in implemenUng the Specific Plan. II. The City shall further the effective development of the Specific Plan area by the following actions: A. City, in exercise of its growth management authority, shall treat the eight parcels in the Specific Plan area which require growth management approval as a coordinated entity for purposes of granting growth management approval. B. City shall use its best efforts m reserve sufficient units under its growth management policies to allow it to grant approval to the eight parcels, in the aggregate, for 102 units in 1998 and 102 units in 1999, should no constraint exist at that dine on the City's ability to provide infrastructure and services. C. In the event the appmvai process in the Specific Plan area progresses more quickly than conmmplated, District may apply for growth management approval at any regular application time for any year then available, including earlier yeaxs than those listed in subsection It(B). In such event, City shall attempt m accommodate such an application, pursuant to its General Plan policies, should it also further the economically feasible development of the Specific Plan area. D. In the event the approval process progresses slower than contemplated, City shall continue to use its best efforts to reserve allocation capacity pursuant to its General Plan policies for development of the eight parcels over a two-year period, coinciding with the then-estimated time of completion of sufficient units in tentative map approvals to allow development to begin. E. Following an actual growth management allocation, City shall favorably review any requests from the Specific Plan area developers to "move up" to an earlier development year should an allocation in such a year become possible due to shifts in previously approved projects' allocations, as allowed under the Growth Management Ordinance, after recognizing any prior obligations established under the Growth Management Ordinance or Modified Growth Management Allocation Program to other developers. 11I. Nothing in this Agreement changes, modifies, or abrogates any aspect of City's Growth Management Ordinance or City's exercise of its authority in its implementation. 3