NS-2106 - Laserfiche WebLink

Home Browse Search

ORDINANCE NO. NS-2106 .v 098 length. The City and the Developer acknowledge that the EIR identifies certain mitigation measures applicable to the Development. Developer agrees to implement the various mitigation measures recommended to be implemented by the Developer pursuant to the terms of the EIR, provided that the Developer proceeds with the Development and commences construction. Developer's obligations with regard to the mitigation of off-site traffic-related impacts are further described in the following paragraphs. As used in this section, "off-site" means outside of the Property and the public right-of-way bordering on the Property. i) Off-site street Improvements. The City and the Developer agree that. the Developer will contribute an amount determined pursuant to section 13 of this Agreement (the "Off-site street Improvements Contribution") as Developer's participation on a "fair share basis," as stated in the EIR, in the implementation of such mitigation measures pertaining to off-site traffic, circulation, and roadway and str~et improvements which are identified in the EIR. Payment of the Off-site Street Improvements Contribution shall be made at the time that the Developer appl,ies for a certificate of occupancy for the Office Building. ii) Interim Parkinq Plan. The Developer specifically agrees to develop and implement an Interim Parking Plan in accordance with mitigation measures required by the EIR, prior to applying for and receiving building permits from the City as to the Office Building or Parking Structure. iii) TDM Proqram. The EIR identifies a Transportation Demand Management Program ("TDM") to be implemented as one of the mitigation measures applicable to the Development. In this regard, and as certified in the Findings of Fact and Statement of Overriding Considerations applicable to the EIR, the implementation of the TDM program will not be required, and compliance with the reduction measures projected by the implementation of the TDM program shall not be tested, prior to the date a certificate of occupancy is issued for the Office Building. iv) Sandpointe Neiqhborhood Improvement Plan Contributions. The Developer specifically agrees to provide the following contributions to the City for use in the implementation of the Sandpointe Neighborhood Improvement Plan adopted by the city on August 20, 1990 (the "Sandpointe Plan"): (1) A contribution in the amount of $15,000, to be paid prior to the issuance of a building permit for the Office Building, to assist the City in paying for the cost of monitoring traffic activity in accordance with the Sandpointe Plan (the "Traffic Monitoring contribution"); and (2) A contribution in section 13 of this Agreement construction of improvements an amount determined pursuant to for use in conjunction with the set forth in the Sandpointe Plan 8 Ii