ORD 2134 - Laserfiche WebLink

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of the Term or the term otherwise applicable to such Project Approval or Subsequent Approval if this Agreement is no longer in effect.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