PC 2000-49 - Laserfiche WebLink

3.15 Desimx/Develomnent Stmxiard~ ~nd Conditions. Notwithstanding the pmvisious of the Existing Standards, the following design/development standards shall apply to the Project: (a) Property Owner is desirous of having assurances that at the time of the Initial Project Approvals, it will be vested to build 581 residential units on the Property (in 'addition to the 745,000 square feet of commercial/office development). The Initial Project Approvals provide for three alternative l~d use plans, designated on the Specific Plan and PUD as Alternatives A, B and C. Alternative A provides for lots and units on the Central Plu~el (in addition to 100 ~?rlment units), lots and m units on the Western Pamel, and lots and units o~ the Eastern Parcel; Alternative B provides for m lots and units on the Ce. ~n~ral Parcel (in addition to 100 apartment units), lots and units on the Western Parcel, and lots and units on the Eastern Parcel; Alternative C provides for. lots and units on the Central parcel (in addition to 1 O0 apartment units), lots and units on the Western Pamel, and no lots/units on the Eastern Parcel. The mason for the difference between the Alternatives is that in order to construct residential units on the Eastern Parcel Property Owner must obtain one or more permits (in a form and subject to conditions reasonably acceptable to Property Owner) from governmental agencies, including, without limitation, from the U.S. Corps of Engineers ("Necessary Permits"). In recognition that it will take time to obtain the Necessary Permits, but al~o in recognition that Property Owner will incur carrying costs, infrastructure costs and other costs and expenses on the Pwperty while the Necessary Permits are being sought, the Property Owner shall have __ months from the Initial Project Approvals to obtain the Necessary Permits in order to construct Alternative A on the Eastern Parcel. If Property Owner is unable to obtain the Necessary Permits within __ months from the Initial Project Approvals to constxuct .Mterlmlive A, the Property Owner shall have __ additional months to obtain the Necessary Permits in order to construct Alternative B. If Property Owner is unable to obtain the Necessary Permits for either Alternative A or Alternative B within the time periods provided herein, Property Owner shall have the right, without further action by City, to develop the Property as provided in Alternative C. In the event Property Owner develops under Alternative B or Alternative C, Property Owner shall tr~llsfer without cost to City the portion of the Eastern Parcel that it had not transferred to City previously (as provided in Section 3.3) and City shall transfer without cost to the Property Owner those portions of the Western and Central Parcels necessary to allow Pwperty Owner to d~'velop .those Parcels consistent with Alternative B or C, whichever is applicable. In seeking to obtain tile Necessary Permits for the Eastern Parcel, Property Owner shall proceed in good faith and take all reasonable and necessary steps to obtain the Necessary Permits. City shall cooperate fitly in l~is effort. (b) The Property Owner and the City will jointly cooperate and apply to Caltrans for the installation of a sound wall along the western side of 1-680 as shown on Exhibit __ attached hereto and incorporated herein by reference. Additional sound attenuation measures including, but not limited to an earth berm up to feet in height and located in the Public Pl~rcel will be necessary to meet acceptable sound mitigation levels. The Pwperty Owner aoknowledges that the City may wish to put a golf course along the areas that contain the earth b~a,~ and Property Owner will cooperate with the City to contour the earth berm so it does not