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21, 2013, at which Council introduced the PUD plan, the Developer requested that the <br /> City enter into a Development Agreement with the developer relating to this project. <br /> DISCUSSION <br /> Staff is amenable to utilizing a Development Agreement to provide certainty for the <br /> Developer and to ensure benefits to the City and community are realized. State law <br /> imposes certain requirements for processing of a development agreement which do not <br /> allow the City Council to act upon a proposed development agreement until 10 days <br /> after the Planning Commission makes its recommendation as to General Plan <br /> consistency. The Planning Commission considered the Development Agreement on <br /> June 12. In order to secure State funding for construction of lower income housing <br /> units, the Developer advises it must get approval of its project before the end of June <br /> 2013. The Developer has a concern about condition of approval 71 in its current form <br /> regarding payment of school fees, but knows it must get timely approval of its project for <br /> funding purposes. The proposed Development Agreement will benefit the Developer <br /> and the City, as well as the School District. The soonest the Council can consider the <br /> Development Agreement is introduction of an ordinance authorizing it on July 16, and <br /> final approval on August 20. <br /> To address the Developer's concern while still ensuring the school fees issue is <br /> resolved with the School District and the Developer's State funding in not jeopardized, <br /> the effective date of the PUD Plan ordinance has been revised. The ordinance <br /> becomes effective the later of: 1) thirty days after passage and 2) upon the Developer <br /> and the School District entering into an agreement regarding school fees (the matter is <br /> on the PUSD's agenda for June 18, 2013); or upon the effective date of the ordinance <br /> approving the Development Agreement between the City and Developer. <br /> New conditions of approval 48 (charging stations) and 53 (student learning center) have <br /> been incorporated into the conditions of approval attached to the PUD Plan ordinance. <br /> Corrections noted by the City Council on May 21, 2013 have been made. <br /> Submitted by: Approved y: <br /> Brian Dolan Nelson Fialho <br /> Director of City Manager <br /> Community Development <br /> Attachments: <br /> 1. Ordinance 2071, PUD-81-30-87D, including Conditions of Approval <br /> 2. Draft Development Agreement <br /> Page 2 of 2 <br />