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01
City of Pleasanton
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2016
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010516
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12/29/2015 3:26:28 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
1/5/2016
DESTRUCT DATE
15Y
DOCUMENT NO
01
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Section 2.4 Moratorium. Initiatives and Conflicting Enactments. To the extent <br /> consistent with State law(and excepting a declaration of a local emergency or state emergency <br /> as defined in Government Code section 8558), if any ordinance, resolution or other measure is <br /> enacted subsequent to the Effective Date, whether by action of City, by initiative, referendum, or <br /> otherwise, that imposes a building moratorium, a limit on the rate of development, or a voter- <br /> approval requirement which would otherwise affect the timely development or implementation <br /> of the Project or Project Approvals or Subsequent Approvals on or for all or any part of the <br /> Project Site ("City Law"), City agrees that such City Law shall not apply to the Project, the <br /> Project Site, this Agreement, the Project Approvals, or the Subsequent Approvals, if any, during <br /> the Term. <br /> Section 2.5 Life of Project Approvals or Subsequent Approvals. The term of <br /> any Project Approval or Subsequent Approval shall automatically be extended for the longer of <br /> the Term or the term otherwise applicable to such Project Approval or Subsequent Approval if <br /> this Agreement is no longer in effect. The Term, any other Project Approval or Subsequent <br /> Approval shall not include any period of time during which any applicable development or utility <br /> moratorium, lawsuit, or the actions of other public agencies that regulate land use, delays the <br /> granting of any Subsequent Approval or the development of the Project, including but not <br /> limited to the period of time of any lawsuit challenging the Project Approvals. <br /> Section 2.6 Development Timing. Because the California Supreme Court held <br /> in Pardee Construction Co. v. City of Camarillo. 37 Ca1.3d 465 (1984), that the failure of the <br /> parties therein to provide for the timing of development resulted in a later adopted initiative <br /> restricting the timing of development to prevail over the parties' agreement, it is the Parties' <br /> intent to cure that deficiency by acknowledging and providing that Developer shall have the right <br /> (without obligation) to develop the Project Site in such order and at such rate and at such times <br /> as Developer deems appropriate within the exercise of its subjective business judgment. <br /> Section 2.7 Compliance with State and Federal Law. This Agreement is <br /> subject to Developer's compliance with all applicable federal and State laws and regulations and <br /> compliance with applicable provisions of the California Environmental Quality Act, Public <br /> Resources Code sections 21000 et seq. ("CEQA''). <br /> Section 2.8 Reliance on Lund Ranch EIR. The Lund Ranch EIR, which has <br /> been certified by City as being in compliance with CEQA, addresses the potential environmental <br /> impacts of the entire Project as it is described in the Project Approvals. It is agreed that, in <br /> acting on any discretionary Subsequent Approvals for the Project, City will rely on the Lund <br /> Ranch EIR to satisfy the requirements of CEQA to the fullest extent permissible by CEQA and <br /> City will not require a new initial study, negative declaration or subsequent or supplemental EIR <br /> and will not impose on the Project any mitigation measures or other conditions of approval other <br /> than those specifically imposed by the Project Approvals and the MMRP or specifically required <br /> by the Applicable Law unless required by CEQA. <br /> Section 2.9 Subsequent CEQA Review. In the event that any additional <br /> CEQA documentation is legally required for any discretionary Subsequent Approval for the <br /> Project, then the scope of such documentation shall be focused, to the extent possible consistent <br /> 5 <br />
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