ORD 2285 - Laserfiche WebLink

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, subject to the terms, requirements, and conditions of the Project Approvals and this Agreement. Developer will use its best commercial efforts, in accordance with its own business judgment and taking into consideration market conditions and other economic factors influencing Developer's business decision, to commence and continue development of the Project in a regular, progressive, and timely manner in accordance with the terms, requirements, and conditions of the Project Approvals and this Agreement. 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 EIR. An Environmental Impact Report was prepared and, on January 26, 2023, certified by City for the 6th Cycle Housing Element (P21-0751) ("EIR") for which the Project Site was identified as Area 22 — Merritt Property. In connection with the EIR, City also adopted a Mitigation Monitoring and Reporting Program ("MMRP") as part of Resolution No. 23-1357. The EIR anticipates that up to two units per acre of housing will be constructed on the Project Site, and the Project with its density bonus pursuant to Cal. Government Code §65915(b)(1)(C) is consistent with the General Plan and EIR. In accordance with CEQA Guidelines Section 15183, the project is consistent with the development density established by the General Plan policies for which an EIR was certified on January 26, 2023 (SCH No. 202204009). There are no new significant effects peculiar to the proposed project or its site that were not analyzed as significant effects in the Housing Element Update FEIR, there are no new significant effects that were not previously evaluated in the Housing Element Update FEIR and there are no new significant off-site or cumulative impacts that were not analyzed in the Housing Element Update FIER. Additionally, there are no adverse impacts that are more severe than those previously identified in the Housing Element Update FEIR and all applicable mitigation measures from the Housing Element Update FEIR have been made a condition of approval. Therefore, pursuant to CEQA Guidelines 15183, no further environmental review is required. 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 with CEQA, on the specific subject matter of the Subsequent Approval, and the City shall conduct such CEQA review in a timely manner.