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NS-2042
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Last modified
1/3/2012 1:03:32 PM
Creation date
6/26/2003 10:08:08 AM
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2042
Date
12/20/1989
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specifically agree that any subsequently enacted <br />initiatives, referendums, or amendments to the City's <br />General Plan and/or Zoning Code which contain ,,slow/no <br />growth" measures or which by their terms are intended to, <br />or by operation have such effect shall-have no application <br />to the Development. Notwithstanding any such measures, <br />the mitigation measures required for the Development are <br />limited to those established by this Development <br />Agreement. <br /> <br /> 13. Environmental Compliance. <br /> <br /> (a) EIR Processina Completed. Developer hereby <br />acknowledges that the Development shall be subject to the <br />mitigation measures set forth in the EIR and identified in <br />~hereto. To the extent that Developer develops <br />the Development,~Developer hereby agrees to implement the <br />various mitigation measures required to be implemented by <br />Developer as specified in ~. <br /> It is understood and agreed that the costs <br /> of any off-site improvements (including, without <br /> limitation, land acquisition costs, severance damages and <br /> construction costs) are to be borne by Developer except as <br /> otherwise expressly provided in this Development Agreement <br /> or as otherwise stated in the EIR, and subject to such <br /> reimbursements to Developer as may hereafter be agreed to <br /> by the city. <br /> <br /> (b) Subsequent Environmental Review. In <br /> exercising its legislative discretion to enter into this <br /> Development Agreement and to commit the city to the <br /> completion of the Development, the city has reviewed and <br /> considered the potential adverse environmental impacts <br /> related to all aspects of the contemplated project, <br /> including, without limitation, the potential demands the <br /> Development will make on local and regional streets, <br /> highways, parks and recreation areas, water capacity and <br /> water lines, sewer capacity and sewer lines, flood and <br /> storm drain systems, and energy conservation, and the <br /> effect on school capacity, traffic, pedestrian safety, <br /> noise and air quality impacts. The city has further <br /> reviewed and considered from a variety of perspectives, <br /> and has analyzed pursuant to a variety of assumptions, the <br /> projected future regional and cumulative environmental <br /> demands that will compete with the Development for <br /> available capacities and cumulatively add to potential <br /> adverse impacts. In so doing, the city has considered <br /> among other things, the possibilities that: <br /> (i) Federal, local, regional and state <br /> plans, if any, for provision of new infrastructure <br /> <br />8 1112o189 <br /> <br /> <br />
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