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Honorable Mayor and City Council Members <br /> May 19,2015 <br /> Page 2 <br /> would have to strictly comply with the procedural and substantive requirements for General Plan <br /> amendments set forth in applicable California law. Gov. Code § 65350 et seg.; Beck Dev. Co. v. <br /> S. Pac. Transp. Co. (1996) 44 Cal.App.4th 1160, 1196. Prior to adopting any such amendment, <br /> the City also would need to conduct appropriate environmental review under CEQA. Christward <br /> Ministry v. Superior Court (1986) 184 Cal.App.3d 180, 186; 14 Cal. Code Regs. § 15378(a)(1). <br /> Your adoption of any option to suspend or terminate the EPSP in this manner also would <br /> be tantamount to the imposition of a moratorium shutting down any development in the Specific <br /> Plan area, while other developments in the City may proceed. Any such moratorium also cannot <br /> be adopted by you in the manner proposed in the Staff Report, but rather would have to strictly <br /> comply with the procedural and substantive requirements and safeguards set forth in California <br /> applicable law governing the adoption of development moratoria,including proper notice,hearing, <br /> findings, and ordinance adoption of specific limited duration. Gov. Code §65858; Bldg. Indus. <br /> Legal Def Found. v. Superior Court(1999)72 Cal.App.4th 1410. <br /> As set forth in Kiewit's previous correspondence,Kiewit has actively sought to develop its <br /> property for residential use since 2003 and has expended significant resources in this regard, but <br /> has been repeatedly directed by City staff and decision makers to defer the submittal of any formal <br /> applications for development of its property until the EPSP planning process was complete. Your <br /> adoption of any action to indefinitely suspend or terminate that process would leave Kiewit in the <br /> absolutely untenable position of having to defer such applications and any investment return to a <br /> point in time that may never arise. <br /> Thank you in advance for your consideration of these comments. <br /> Sincerely yours, <br /> HOLLAND & KNIGHT LLP <br /> David L. Preiss <br /> cc: Nelson Fialho, City Manager <br /> Brian Dolan, Assistant City Manager <br /> City Attorney's Office <br /> #35602900_x3 <br />