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metro east mixed-use overlay zone 32 8.4 TIME LIMITS MEMU Site Plan Review shall automatically become void after two (2) years from the effective date of such approval when the owner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms and conditions of the MEMU Site Plan Review. City Council may, by resolution, extend the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three (3) years in total beyond the date it would otherwise become void. Acceptable action shall be considered to be actual construction, alteration, repairs and use of the structures and land. Preparation of plans, financial negotiations, or change of property owners are not considered sufficient evidence of action. 8.5 DEVELOPMENT CAPACITY MONITORING AND ENVIROMENTAL REVIEW In order to maintain conformity with the provisions of the environmental analysis completed for this project under the California Environmental Quality Act (CEQA), development capacity within the MEMU Overlay Zone shall be limited to 1.27 million gross square feet of commercial (retail and service) and 3.41 million gross square feet of office space. This corresponds to a potential net increase of 963,000 square feet of commercial, and 690,000 square feet of office space, and the potential for 5,551 residences above existing development constructed prior to March of 2007. When new development within the MEMU Overlay Zone reaches 80 percent of the allowable increased capacity, no development shall be entitled until an environmental review, including a traffic study, has been completed pursuant to CEQA. These development capacity “triggers” are as follows: a. Commercial—770,400 square feet b. Office—552,000 square feet c. Residential—4,440 units 1-79