Common use of City Commitments Clause in Contracts

City Commitments. 4.1. City shall consider in good faith and timely process any application for approval by the City Council and Planning Commission of the proposed development of the ▇▇▇▇▇-South ▇▇▇▇▇▇▇▇ Specific Plan area, including the Rezoning Approvals, which would, if approved, allow a total of 119 residential units on the Planning Area 9 Property, the Vesting Tentative Map and vacation of the Vacation Areas as depicted in Exhibit A – Public Right-Of-Way Abandonment Area 8. 4.2. City shall consider in good faith that Planning Area 9 will be rezoned and designated Medium Density Residential zoning as part of ▇▇▇▇▇-South ▇▇▇▇▇▇▇▇ Specific Plan, with an allocated 119 residential units. 4.3. City shall consider in good faith the Vesting Tentative Map. 4.4. All development in Planning Area 9 will be subject to current City development policies and the FEIR Mitigation Monitoring and Reporting Program. Infrastructure necessary to serve the development will be the responsibility of the developer to install. 4.5. All in-tract and interior streets, landscaping, and storm drainage will be the maintenance responsibility of the developer until transfer to the project homeowners association at 4.6. The remaining portion of Linne Road left after vacation of the Linne Road Vacation Area will be the maintenance responsibility of the developer until transfer to the project homeowners association at which point the responsibility shall shift to the homeowners association. 4.7. All development and newly subdivided lots in Planning Area 9 will be subject to annexation into the City’s existing Community Facilities District No. 2005-01 (Public Services District). 4.8. Planning Area 9 is also subject to a School Site overlay land use designation, under Policy 2.1.6 of the ▇▇▇▇▇-South ▇▇▇▇▇▇▇▇ Specific Plan. If the Owner and Paso ▇▇▇▇▇▇ Joint Unified School District have not entered into a binding agreement providing for acquisition of all or a portion of Planning Area 9 for use as a school site by the Paso ▇▇▇▇▇▇ Joint Unified School District before the earliest of the date the City sets a public hearing for consideration of the entitlements for development of Planning Area 9 or January 31, 2019, or if the Paso ▇▇▇▇▇▇ Joint Unified School District otherwise disclaims interest in the school site in writing to the Owner and City, then the Owner may develop Planning Area 9 for residential uses, subject to all other applicable provisions of the ▇▇▇▇▇-South-▇▇▇▇▇▇▇▇ Specific Plan and governing law. Absent acquisition of Planning Area 9 by the Paso ▇▇▇▇▇▇ Joint Unified School District, the City will consider the Rezoning Approvals and Vesting Tentative Map in good faith and expeditiously, in compliance with applicable law. 4.9. Density Transfer Provision. The Specific Plan will allow residential density to be shifted among all Planning Areas within the Specific Plan, subject to the Specific Plan's total 4.10. The City’s commitment in this Agreement is solely to consider in good faith and timely process any application for approval of the Rezoning Approvals, Vesting

City Commitments. 4.13.1. City shall agrees to consider in good faith and timely process any application for approval by the City Council and Planning Commission of the proposed development of the ▇▇▇▇▇-South - South ▇▇▇▇▇▇▇▇ Specific Plan area, including the Rezoning Approvals, which would, if approved, allow a total combined residential density on the Our Town Property of 119 up to 140 residential units on the to be developed across Planning Area 9 PropertyAreas 10A and 10B, the Vesting Tentative Map and vacation of vacate the Vacation Areas Area as depicted in Exhibit A – Public Right-Of-Way Abandonment Area 83. 4.23.1.1. Upon vacation, title to Public Right-Of-Way Abandonment Area 3 shall vest in Our Town Property Owners Association, LLC. Notwithstanding any other provision of this Agreement, the City shall consider in good faith delay completing the vacation of Public Right-Of- Way Abandonment Area 3 until such time as the City Engineer certifies that all existing residences served by the access provided by Public Right-Of-Way Abandonment Area 3 have alternative access to the City’s road network ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇. 3.1.2. The City further agrees to the vacation of Public Right-of-Way Abandonment Area 5. 3.2. ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇ Zoning Commitments. Planning Area 9 10B consists of 53 existing lots depicted in Exhibit A – Site Map and described in Tract No. 232, recorded in the official records of San ▇▇▇▇ Obispo County, September 12, 1962. 3.2.1. If the Rezoning Approvals are approved, Planning Area 10B will be rezoned and designated Medium Density Residential zoning as part of ▇▇▇▇▇-South ▇▇▇▇▇▇▇▇ Specific Plan, with an allocated 119 residential units. 4.3allowing 9 units per acre. City shall consider in good faith the Vesting Tentative Map. 4.4. All development in The density allowed by this zoning may be transferred to Planning Area 9 will be subject to current City 10A or elsewhere in the Specific Plan, as allowed by 3.2.2. Development of new residences on the 53 existing, subdivided lots does not require further approval of a subdivision map, is exempt from the City’s 50-foot buffer zone from agricultural development policies and the FEIR Mitigation Monitoring and Reporting Program. Infrastructure necessary to serve the development will be the responsibility of the developer to install. 4.5. All in-tract and interior streets, landscapingrequirement, and storm drainage will be need to meet the maintenance responsibility of the developer until transfer to the project homeowners association at 4.6City’s standard Tier 1 stormwater protection requirements, but not any newer or more stringent stormwater protection requirements. The remaining portion of Linne Road left after vacation of City further agrees the Linne Road Vacation Area will be the maintenance responsibility of the developer until transfer to the project homeowners association at which point the responsibility shall shift to the homeowners association. 4.7. All development and newly subdivided 53 existing lots in Planning Area 9 will be 10B are not subject to annexation into the City’s existing Community Facilities District No. 2005-01 (Public Services District). 4.83.2.3. Any redevelopment of ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇ that includes a new subdivision of all or a portion of Planning Area 10B shall be subject, for the portion re-subdivided, to all applicable requirements of the Specific Plan, the City’s Municipal Code, and the City’s current development standards, without exemption or exception. 3.3. ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇ Zoning Commitments. Planning Area 9 is also subject to a School Site overlay land use designation10A consists of approximately 3.3.1. If the Rezoning Approvals are approved, under Policy 2.1.6 Planning Area 10A will be rezoned and designated Medium Density Residential zoning as part of the ▇▇▇▇▇-South ▇▇▇▇▇▇▇▇ Specific Plan, allowing 6 units per acre. If the Owner and Paso ▇▇▇▇▇▇ Joint Unified School District have not entered into a binding agreement providing for acquisition of all or a portion of The density allowed by this zoning may be transferred to Planning Area 9 for use 10B or elsewhere in the Specific Plan, as a school site by allowed by 3.3.2. All development in Planning Area 10A will be subject to the Paso ▇▇▇▇▇▇ Joint Unified School District before Specific Plan, the earliest Specific Plan’s Final Environmental Impact Report Mitigation Monitoring and Reporting Program, and all current City development policies. Infrastructure necessary to serve the development will be the responsibility of the date developer to install. 3.3.3. In addition to the City sets Rezoning Approvals, a public hearing Planning Commission approved Tentative Tract Map and Planned Development entitlement will be required for consideration of the entitlements for any subdivision and development of Planning Area 9 or January 31, 2019, or if the Paso ▇▇▇▇▇▇ Joint Unified School District otherwise disclaims interest in the school site in writing to the Owner and City, then the Owner may develop Planning Area 9 for residential uses, subject to all other applicable provisions of the ▇▇▇▇▇-South-▇▇▇▇▇▇▇▇ Specific Plan and governing law. Absent acquisition of Planning Area 9 by the Paso ▇▇▇▇▇▇ Joint Unified School District, the City will consider the Rezoning Approvals and Vesting Tentative Map in good faith and expeditiously, in compliance with applicable law. 4.9. Density Transfer Provision▇▇▇. The Specific Plan will allow residential density to be shifted among all Planning Areas within the Specific Plan, subject to the Specific Plan's total 4.10. The City’s commitment in this Agreement is solely to consider in good faith and timely process any application for approval of the Rezoning Approvals, VestingCity agrees to