Affordable Housing. The Developer shall comply with the affordable housing requirements as set forth in the Development Agreement, which is focused on providing housing for extremely low and very low income students. Baseline Project Features: Implementation The Nishi Gateway project is required to develop in a manner consistent with these Baseline Features. As provided for in Measure J/R, the Baseline Features may not be changed without approval by the voters of the City. The Planning Commission will review compliance with these Baseline Project Features as it considers application for Final Planned Development, Tentative Subdivision Map, approval of Design Guidelines, implementation of sustainability plans, and through the annual review of implementation of the Project’s Development Agreement. There are other additional requirements for the Nishi Gateway project, including but not limited to, the mitigation measures set forth in the Final Environmental Impact Report, and the Development Agreement that, while important to the Project, are not Baseline Project Features and may be modified with the approval of the City, after the appropriate public process. In addition, minor changes to the Project can be anticipated during the course of this multiple year build out. Such changes, often the result of detailed engineering, sustainability obligations, or changing conditions, may be changed without voter approval, if they are substantially consistent with the Baseline Features and they do not materially alter the character of the project, as established in Resolution 06-40 Establishing Criteria to Determine What Constitutes a Significant Project Modification or Change Requiring a Subsequent Measure J Vote. EXHIBIT C PROJECT APPROVALS The Nishi Project required the following discretionary actions by the Xxxxx City Council (the “Project Approvals”) Certification of the EIR and adoption of the Mitigation Monitoring and Reporting Program; Approval of the General Plan Amendment #08-14 and Establishment of the Baseline Project Features, as described on Exhibit B Rezoning and Planned Development #06-14 Development Agreement Applicable development standards include, but are not limited to, the following as of the Effective Date: 2007 General Plan Update, as amended (including but not limited to amendments adopted as Project Approvals) Chapter 40 of the City of Xxxxx Municipal Code (Zoning) as amended (including but not limited to amendments adopted as Project Approvals) Chapter 36 of the City of Xxxxx Municipal Code (Subdivisions) Section 8.01.065(A) of the City of Xxxxx Municipal Code (Green Building Requirements) Chapter 40A of the City of Xxxxx Municipal Code (Right to Farm Ordinance) EXHIBIT D SUBSEQUENT DISCRETIONARY APPROVALS Following City Council approval of the Project Approvals, the following discretionary approvals and actions by the City are also required to implement the Project: Tax-share Agreement and Annexation; Tentative Subdivision Map(s), as required; Final planned development approvals, as required; Additional subdivision map approvals, as required Conditional use permits where applicable; Design Review where applicable; Complete other processing as required. EXHIBIT E ENVIRONMENTAL SUSTAINABILITY LEED Obligations The City and the Developer have agreed that environmental concerns and energy efficiency are critical issues for new developments. Therefore, the Developer and the City have agreed to the attached Sustainability Implementation Plan. The Project shall meet LEEDv3 Gold standards. Compliance for meeting LEEDv3 equivalency standards shall be demonstrated by an evaluation prepared by a third party mutually agreeable to the City and Developer, prior to building permit issuance. Developer may choose to maximize photovoltaic energy generation, or to adjust or substitute credits provided the point count for LEEDv3 Gold is met, to the satisfaction of the Director of Community Development and Sustainability. The Director may require third party verification of any changed credits, or monitoring during construction for compliance, at the cost of the Developer. Formal certification of the Project by the U.S. Green Building Council is not required. Other Obligations The Project is also subject to sustainability commitments in the Baseline Project Features, including: Compliance with EIR Mitigation Measure calling for a Transportation Demand Program, including limitations on vehicle trips for every project phase. The Developer shall engage a 3rd party photovoltaic energy consultant agreeable to the City to evaluate the site, building design and parking lot development areas, and produce a report that describes where to place photovoltaics and in what amount for maximum efficient energy production. The City shall review said report at the time the site plan and design review applications are made by the Developer and make recommendations to the Planning Commission and/or City Council on the placement of photovoltaics in effort to maximize photovoltaics while balancing tree and landscape placement. The Developer agrees to provide said photovoltaics on buildings, parking lots, or other areas in the amount conditioned by the City at the time the future site plan and design review application is approved by the City. The City Council may allow other energy generation or conservation features as substitutes for any or all of the photovoltaics, upon review by the Environmental Certification Panel and a determination that the substitution would provide additional sustainability benefits and be consistent with other requirements of the Baseline Project Features, EIR Mitigation Measures, and this Agreement. Project will maximize photovoltaics, or equivalent, as established in the Development Agreement with goal of net zero. Project will join CCE once established and operative and will buy power at the “green rate” from CCE (if available) if project does not achieve net zero. Additional sustainability components include the following: All parking for multifamily rental units shall be charged separately from rent charges. Any resident may have the option of renting car-free housing. Developer shall implement a minimum $2.00 “exit charge” for vehicles owned by residents that leave off-street parking lots and structures during peak hours. The Transportation Demand Management Program required by the Sustainability Implementation Plan and EIR Mitigation Measure 4.14-5 shall provide details on implementation, including method of charge and definition of “peak hour.” For the purpose of the sustainability program, developer shall install water submetering to allow for individual monitoring for individual apartment units. Nothing in this section shall change the City’s utility provisions that require that the property owner is the customer for City’s utility system.
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Affordable Housing. The Developer shall comply with the affordable housing requirements as set forth in the Development Agreement, which is focused on providing housing for extremely low and very low income students. Baseline Project Features: Implementation The Nishi Gateway project is required to develop in a manner consistent with these Baseline Features. As provided for in Measure J/R, the Baseline Features may not be changed without approval by the voters of the City. The Planning Commission will review compliance with these Baseline Project Features as it considers application for Final Planned Development, Tentative Subdivision Map, approval of Design Guidelines, implementation of sustainability plans, and through the annual review of implementation of the Project’s Development Agreement. There are other additional requirements for the Nishi Gateway project, including but not limited to, the mitigation measures set forth in the Final Environmental Impact Report, and the Development Agreement that, while important to the Project, are not Baseline Project Features and may be modified with the approval of the City, after the appropriate public process. In addition, minor changes to the Project can be anticipated during the course of this multiple year build out. Such changes, often the result of detailed engineering, sustainability obligations, or changing conditions, may be changed without voter approval, if they are substantially consistent with the Baseline Features and they do not materially alter the character of the project, as established in Resolution 06-40 Establishing Criteria to Determine What Constitutes a Significant Project Modification or Change Requiring a Subsequent Measure J Vote. EXHIBIT C PROJECT APPROVALS The Nishi Project required the following discretionary actions by the Xxxxx Davis City Council (the “Project Approvals”) ♦ Certification of the EIR and adoption of the Mitigation Monitoring and Reporting Program; ♦ Approval of the General Plan Amendment #08-14 and Establishment of the Baseline Project Features, as described on Exhibit B ♦ Rezoning and Planned Development #06-14 ♦ Development Agreement Applicable development standards include, but are not limited to, the following as of the Effective Date: ♦ 2007 General Plan Update, as amended (including but not limited to amendments adopted as Project Approvals) ♦ Chapter 40 of the City of Xxxxx Municipal Code (Zoning) as amended (including but not limited to amendments adopted as Project Approvals) ♦ Chapter 36 of the City of Xxxxx Municipal Code (Subdivisions) ♦ Section 8.01.065(A) of the City of Xxxxx Municipal Code (Green Building Requirements) ♦ Chapter 40A of the City of Xxxxx Municipal Code (Right to Farm Ordinance) EXHIBIT D SUBSEQUENT DISCRETIONARY APPROVALS Following City Council approval of the Project Approvals, the following discretionary approvals and actions by the City are also required to implement the Project: ♦ Tax-share Agreement and Annexation; ♦ Tentative Subdivision Map(s), as required; ♦ Final planned development approvals, as required; ♦ Additional subdivision map approvals, as required ♦ Conditional use permits where applicable; ♦ Design Review where applicable; ♦ Complete other processing as required. EXHIBIT E ENVIRONMENTAL SUSTAINABILITY LEED Obligations The City and the Developer have agreed that environmental concerns and energy efficiency are critical issues for new developments. Therefore, the Developer and the City have agreed to the attached Sustainability Implementation Plan. The Project shall meet LEEDv3 Gold standards. Compliance for meeting LEEDv3 equivalency standards shall be demonstrated by an evaluation prepared by a third party mutually agreeable to the City and Developer, prior to building permit issuance. Developer may choose to maximize photovoltaic energy generation, or to adjust or substitute credits provided the point count for LEEDv3 Gold is met, to the satisfaction of the Director of Community Development and Sustainability. The Director may require third party verification of any changed credits, or monitoring during construction for compliance, at the cost of the Developer. Formal certification of the Project by the U.S. Green Building Council is not required. Other Obligations The Project is also subject to sustainability commitments in the Baseline Project Features, including: ▪ Compliance with EIR Mitigation Measure calling for a Transportation Demand Program, including limitations on vehicle trips for every project phase. ▪ The Developer shall engage a 3rd party photovoltaic energy consultant agreeable to the City to evaluate the site, building design and parking lot development areas, and produce a report that describes where to place photovoltaics and in what amount for maximum efficient energy production. The City shall review said report at the time the site plan and design review applications are made by the Developer and make recommendations to the Planning Commission and/or City Council on the placement of photovoltaics in effort to maximize photovoltaics while balancing tree and landscape placement. The Developer agrees to provide said photovoltaics on buildings, parking lots, or other areas in the amount conditioned by the City at the time the future site plan and design review application is approved by the City. ▪ The City Council may allow other energy generation or conservation features as substitutes for any or all of the photovoltaics, upon review by the Environmental Certification Panel and a determination that the substitution would provide additional sustainability benefits and be consistent with other requirements of the Baseline Project Features, EIR Mitigation Measures, and this Agreement. ▪ Project will maximize photovoltaics, or equivalent, as established in the Development Agreement with goal of net zero. Project will join CCE once established and operative and will buy power at the “green rate” from CCE (if available) if project does not achieve net zero. Additional sustainability components include the following: ▪ All parking for multifamily rental units shall be charged separately from rent charges. Any resident may have the option of renting car-free housing. ▪ Developer shall implement a minimum $2.00 “exit charge” for vehicles owned by residents that leave off-street parking lots and structures during peak hours. The Transportation Demand Management Program required by the Sustainability Implementation Plan and EIR Mitigation Measure 4.14-5 shall provide details on implementation, including method of charge and definition of “peak hour.” ▪ For the purpose of the sustainability program, developer shall install water submetering to allow for individual monitoring for individual apartment units. Nothing in this section shall change the City’s utility provisions that require that the property owner is the customer for City’s utility system.
Appears in 1 contract
Samples: Agreement
Affordable Housing. The affordable units on Block 9 shall satisfy the inclusionary housing requirement in the Redevelopment Plan. The Lead Developer shall comply with be responsible for providing the affordable housing requirements as set forth in the Development Agreement, which is focused on providing housing for extremely low and very low income students. Baseline Project Features: Implementation The Nishi Gateway project is subsidy required to develop the Affordable Housing by payment of the Affordable Housing Fee in a manner the amount required to complete the Affordable Project after all non-City affordable housing funding sources have been secured (“Gap Financing”). All funding sources used by the Affordable Developer, other than the Affordable Housing Fee (as funded through an affordable housing loan from the Successor Agency or MOHCD which is deemed to be consistent with these Baseline Featuresall applicable policies), must be compatible with the Successor Agency’s or MOHCD’s underwriting guidelines and policies related to affordable housing financing and operation. As provided for in Measure J/ROther than the Loan to the Affordable Developer funded from the payment of the Affordable Housing Fee, there will be no subsidy from MOHCD or the Baseline Features may Successor Agency. Any additional subsidy required will not affect the land price. The Lead Developer, with input from Affordable Developer pursuant to the terms of a joint development agreement to be changed without approval executed by the voters of Lead Developer and Affordable Developer and approved by the City. The Planning Commission will review compliance with these Baseline Project Features as it considers application Successor Agency and MOHCD (“Developers’ Agreement”), shall direct the development process for Final Planned Development, Tentative Subdivision Map, approval of Design Guidelines, implementation of sustainability plans, and through the annual review of implementation of the Project’s Development Agreement. There are other additional requirements for the Nishi Gateway projectBlock 9, including but not limited toto forming and hiring the design and construction teams in compliance with applicable laws, rules and regulations; providing the mitigation measures set forth in design team with the Final Environmental Impact Reportdevelopment program, information and the Development Agreement that, while important timely decisions to facilitate creation of a design responsive to the Project, are not Baseline project requirements; causing the securing of all necessary public approvals and permits; providing clarification to the general contractor for the Market–Rate Project Features and may be modified regarding construction scope to facilitate construction in conformance with the approval of the City, after the appropriate public process. In addition, minor design documents; approving and processing necessary or Lead Developer-initiated changes to the Project can be anticipated during work for the course Market Rate Project; administering the draw process to pay consultants and contractors in a timely and well-documented manner; coordinating with pertinent public agencies throughout design and construction to secure required approvals, including Certificates of this multiple year build out. Such changes, often Occupancy; monitoring the result of detailed engineering, sustainability obligations, or changing conditions, may be changed without voter approval, if they are substantially consistent with the Baseline Features and they do not materially alter the character progress of the project, as established Market-Rate Project; and monitoring and facilitating the retail leasing and common area property management activities to open the building in Resolution 06-40 Establishing Criteria to Determine What Constitutes a Significant Project Modification or Change Requiring a Subsequent Measure J Vote. EXHIBIT C PROJECT APPROVALS The Nishi Project required manner that optimizes occupancy and ongoing success within the following discretionary actions by the Xxxxx City Council (the “Project Approvals”) Certification financial goals of the EIR Market-Rate Project. Affordable Developer shall perform the same functions with respect to the design and adoption construction of the Mitigation Monitoring and Reporting Program; Approval of the General Plan Amendment #08-14 and Establishment of the Baseline Project Features, as described on Exhibit B Rezoning and Planned Development #06-14 Development Agreement Applicable development standards include, but are not limited to, the following as of the Effective Date: 2007 General Plan Update, as amended (including but not limited to amendments adopted as Project Approvals) Chapter 40 of the City of Xxxxx Municipal Code (Zoning) as amended (including but not limited to amendments adopted as Project Approvals) Chapter 36 of the City of Xxxxx Municipal Code (Subdivisions) Section 8.01.065(A) of the City of Xxxxx Municipal Code (Green Building Requirements) Chapter 40A of the City of Xxxxx Municipal Code (Right to Farm Ordinance) EXHIBIT D SUBSEQUENT DISCRETIONARY APPROVALS Following City Council approval of the Project Approvals, the following discretionary approvals and actions by the City are also required to implement the Affordable Project: Tax-share Agreement and Annexation; Tentative Subdivision Map(s), as required; Final planned development approvals, as required; Additional subdivision map approvals, as required Conditional use permits where applicable; Design Review where applicable; Complete other processing as required. EXHIBIT E ENVIRONMENTAL SUSTAINABILITY LEED Obligations The City and the Developer have agreed that environmental concerns and energy efficiency are critical issues for new developments. Therefore, the Developer and the City have agreed Notwithstanding anything to the attached Sustainability Implementation Plan. The Project shall meet LEEDv3 Gold standards. Compliance for meeting LEEDv3 equivalency standards shall be demonstrated by an evaluation prepared by a third party mutually agreeable to the City and Developer, prior to building permit issuance. Developer may choose to maximize photovoltaic energy generation, or to adjust or substitute credits provided the point count for LEEDv3 Gold is metcontrary, to the satisfaction of the Director of Community Development and Sustainability. The Director may require third party verification of any changed credits, or monitoring during construction for compliance, at the cost of the Developer. Formal certification of the Project by the U.S. Green Building Council is not required. Other Obligations The Project is also subject to sustainability commitments in the Baseline Project Features, including: Compliance with EIR Mitigation Measure calling for a Transportation Demand Program, including limitations on vehicle trips for every project phase. The Developer shall engage a 3rd party photovoltaic energy consultant agreeable to the City to evaluate the site, building extent there are separate design and parking lot development areasconstruction contracts for the Market Rate Project or Affordable Project, and produce a report that describes where to place photovoltaics and in what amount for maximum efficient energy production. The City the contracting party shall review said report at the time the site plan and design review applications are made by the Developer and make recommendations to the Planning Commission and/or City Council on the placement of photovoltaics in effort to maximize photovoltaics while balancing tree and landscape placement. The Developer agrees to provide said photovoltaics on buildings, parking lots, or other areas in the amount conditioned by the City at the time the future site plan and design review application is approved by the City. The City Council may allow other energy generation or conservation features as substitutes for any or all of the photovoltaics, upon review by the Environmental Certification Panel and a determination that the substitution would provide additional sustainability benefits and be consistent with other requirements of the Baseline Project Features, EIR Mitigation Measures, and this Agreement. Project will maximize photovoltaics, or equivalent, as established in the Development Agreement with goal of net zero. Project will join CCE once established and operative and will buy power at the “green rate” from CCE (if available) if project does not achieve net zero. Additional sustainability components include the following: All parking for multifamily rental units shall be charged separately from rent charges. Any resident may have the option of renting car-free housing. Developer shall implement a minimum $2.00 “exit charge” for vehicles owned by residents that leave off-street parking lots and structures during peak hours. The Transportation Demand Management Program required by the Sustainability Implementation Plan and EIR Mitigation Measure 4.14-5 shall provide details on implementation, including method of charge and definition of “peak hour.” For the purpose of the sustainability program, developer shall install water submetering authority to allow for individual monitoring for individual apartment unitsexercise its rights under such contracts. Nothing in this section the Developers’ Agreement or any other agreement shall change limit the CityLead Developer’s utility provisions that require that responsibility to deliver the property owner is the customer for City’s utility systemAffordable Project in its entirety.
Appears in 1 contract
Samples: Exclusive Negotiation Agreement
Affordable Housing. The Developer shall comply with the affordable housing requirements as set forth in the Development Agreement, which is focused on providing housing for extremely low and very low income students. Baseline Project Features: Implementation The Nishi Gateway project is required to develop in a manner consistent with these Baseline Features. As provided for in Measure J/R, the Baseline Features may not be changed without approval by the voters of the City. The Planning Commission will review compliance with these Baseline Project Features as it considers application for Final Planned Development, Tentative Subdivision Map, approval of Design Guidelines, implementation of sustainability plans, and through the annual review of implementation of the Project’s Development Agreement. There are other additional requirements for the Nishi Gateway project, including but not limited to, the mitigation measures set forth in the Final Environmental Impact Report, and the Development Agreement that, while important to the Project, are not Baseline Project Features and may be modified with the approval of the City, after the appropriate public process. In addition, minor changes to the Project can be anticipated during the course of this multiple year build out. Such changes, often the result of detailed engineering, sustainability obligations, or changing conditions, may be changed without voter approval, if they are substantially consistent with the Baseline Features and they do not materially alter the character of the project, as established in Resolution 06-40 Establishing Criteria to Determine What Constitutes a Significant Project Modification or Change Requiring a Subsequent Measure J Vote. EXHIBIT C PROJECT APPROVALS The Nishi Project required the following discretionary actions by the Xxxxx City Council (the “Project Approvals”) Certification of the EIR and adoption of the Mitigation Monitoring and Reporting Program; Approval of the General Plan Amendment #08-14 and Establishment of the Baseline Project Features, as described on Exhibit B Rezoning and Planned Development #06-14 Development Agreement Applicable development standards include, but are not limited to, the following as of the Effective Date: 2007 General Plan Update, as amended (including but not limited to amendments adopted as Project Approvals) Chapter 40 of the City of Xxxxx Municipal Code (Zoning) as amended (including but not limited to amendments adopted as Project Approvals) Chapter 36 of the City of Xxxxx Municipal Code (Subdivisions) Section 8.01.065(A) of the City of Xxxxx Municipal Code (Green Building Requirements) Chapter 40A of the City of Xxxxx Municipal Code (Right to Farm Ordinance) EXHIBIT D SUBSEQUENT DISCRETIONARY APPROVALS Following City Council approval of the Project Approvals, the following discretionary approvals and actions by the City are also required to implement the Project: Tax-share Agreement and Annexation; Tentative Subdivision Map(s), as required; Final planned development approvals, as required; Approval of Design Guidelines; Additional subdivision map approvals, as required Conditional use permits where applicable; Design Review where applicable; Complete other processing as required. EXHIBIT E ENVIRONMENTAL SUSTAINABILITY LEED Obligations The City and the Developer have agreed that environmental concerns and energy efficiency are critical issues for new developments. Therefore, the Developer and the City have agreed to the attached Sustainability Implementation Plan. The Project shall meet LEEDv3 Gold standards. Compliance for meeting LEEDv3 equivalency standards shall be demonstrated by an evaluation prepared by a third party mutually agreeable to the City and Developer, prior to building permit issuance. Developer may choose to maximize photovoltaic energy generation, or to adjust or substitute credits provided the point count for LEEDv3 Gold is met, to the satisfaction of the Director of Community Development and Sustainability. The Director may require third party verification of any changed credits, or monitoring during construction for compliance, at the cost of the Developer. Formal certification of the Project by the U.S. Green Building Council is not required. Other Obligations All residential, office, and research and development buildings on the Property shall be certified under the Leadership in Energy & Environmental Design (LEED) program offered by the U. S. Green Building Council. The Project is also subject City and the Developer shall pursue Leadership in Energy & Environmental Design Neighborhood Development (LEED-ND) certification for the Property. Developer and City shall consider modifications to sustainability commitments in the Project, consistent with the Baseline Project Features, including: Compliance to improve consistency with EIR Mitigation Measure calling for a Transportation Demand ProgramLEED-ND certification requirements. However, including limitations on vehicle trips for every the project phase. The Developer shall engage a 3rd party photovoltaic energy consultant agreeable not be detrimentally modified, such as by adding intersections not providing improved connectivity or increasing the length and cost of grade-separated crossings with minimal sustainability benefit, in order to the City to evaluate the site, building design and parking lot development areas, and produce a report that describes where to place photovoltaics and in what amount for maximum efficient energy productionmeet LEED-ND prerequisites or xxxxxx LEED-ND points. The City shall review said report at the time the site plan and design review applications are made by the Developer and establish an Environmental Certification Panel to make recommendations to the Planning Commission and/or City Council on the placement of photovoltaics in effort to maximize photovoltaics while balancing tree and landscape placementCouncil. The Developer agrees to provide said photovoltaics on buildings, parking lots, or other areas in the amount conditioned Environmental Certification Panel shall be appointed by the City at the time the future site plan Council with representatives from City Commissions (Bicycling, Transportation, and design review application is approved by the CityStreet Safety; Finance and Budget; Natural Resources; Open Space and Habitat; and Recreation and Park), Cool Davis, Developer, and at-large members with LEED credentials. UC Xxxxx will be invited to provide an ex-officio member. The City Council may allow other energy generation or conservation features as substitutes for any or all of the photovoltaics, upon review by the Environmental Certification Panel and a determination that the substitution would provide additional sustainability benefits and be consistent with other requirements of the Baseline Project Features, EIR Mitigation Measures, and this Agreement. Project will maximize photovoltaics, or equivalent, as established in the Development Agreement with goal of net zero. Project will join CCE once established and operative and will buy power at the “green rate” from CCE (if available) if project does not achieve net zero. Additional sustainability components include the following: All parking for multifamily rental units shall be charged separately from rent charges. Any resident may have with the option of renting car-free housing. Developer shall implement a minimum $2.00 “exit charge” for vehicles owned by residents that leave off-street parking lots and structures during peak hours. The Transportation Demand Management Program required by following tasks regarding the Sustainability Implementation Plan and EIR Mitigation Measure 4.14-5 shall provide details on implementation, including method of charge and definition of “peak hour.” For the purpose of the sustainability program, developer shall install water submetering to allow for individual monitoring for individual apartment units. Nothing in this section shall change the City’s utility provisions that require that the property owner is the customer for City’s utility system.Project:
Appears in 1 contract
Samples: Agreement
Affordable Housing. The Developer shall covenants with the Council to comply with the affordable housing requirements as obligations contained in Schedule 2 (Affordable Housing). Travel Plan and monitoring The Developer covenants with the Council: Prior to Occupation of a Phase to appoint a Travel Plan Co-ordinator in respect of that Phase and notify the details (name, address, email address and telephone number of the Travel Plan Co-ordinator) to the Council Provided That for the avoidance of doubt the same Travel Plan Co-ordinator can be appointed in respect of multiple Phases; Prior to Occupation of a Phase to submit a Travel Plan in respect of that Phase to the Council for approval and not to Occupy any part of Development unless and until such Travel Plan has been approved Provided That a Travel Plan can relate to multiple Phases; Following the submission of a Travel Plan by the Developer in accordance with paragraph 4.1.2 of this Schedule 1 the Council agrees to respond to the Developer either approving, refusing or requesting changes to the Travel Plan no later than 21 days from the date of submission of the Travel Plan. In the event that the Council does not respond to the Developer within the 21 day time period set forth out in the Development Agreement, which is focused on providing housing for extremely low and very low income students. Baseline Project Features: Implementation The Nishi Gateway project is required to develop in a manner consistent with these Baseline Features. As provided for in Measure J/Rparagraph 4.2 of this Schedule 1, the Baseline Features may not Travel Plan shall be changed without approval deemed to have been approved by the voters Council. In accordance with the requirements of the City. The Planning Commission will approved Travel Plan the Developer shall: Monitor and review compliance with these Baseline Project Features as it considers application each Travel Plan for Final Planned Development, Tentative Subdivision Map, approval five years from the date of Design Guidelines, implementation of sustainability plans, and through the annual review of implementation first Occupation of the Project’s Development Agreement. There are other additional requirements for relevant Phase(s) to which the Nishi Gateway project, including but not limited to, the mitigation measures set forth in the Final Environmental Impact Report, Travel Plan relates; and the Development Agreement that, while important Provide a written report to the Project, are not Baseline Project Features Council at the end of the five year period and may thereafter take into account any reasonable comments provided thereon by the Council. Following the expiry of the five year period specified in paragraph 4.4 of this Schedule the provisions contained in this paragraph 4 of this Schedule shall determine and cease to be modified enforceable by the Council. CAR CLUB The Developer covenants with the Council: prior to the Occupation of the first Residential Unit to submit and obtain the approval of the City, after the appropriate public process. In addition, minor changes to the Project can be anticipated during the course of this multiple year build out. Such changes, often the result of detailed engineering, sustainability obligations, or changing conditions, may be changed without voter approval, if they are substantially consistent with the Baseline Features and they do not materially alter the character Council of the project, as established in Resolution 06-40 Establishing Criteria to Determine What Constitutes a Significant Project Modification or Change Requiring a Subsequent Measure J Vote. EXHIBIT C PROJECT APPROVALS The Nishi Project required the following discretionary actions by the Xxxxx City Council (the “Project Approvals”) Certification of the EIR and adoption of the Mitigation Monitoring and Reporting ProgramCar Club Strategy; Approval of the General Plan Amendment #08-14 and Establishment of the Baseline Project Features, as described on Exhibit B Rezoning and Planned Development #06-14 Development Agreement Applicable development standards include, but are not limited to, the following as of the Effective Date: 2007 General Plan Update, as amended (including but not limited to amendments adopted as Project Approvals) Chapter 40 of the City of Xxxxx Municipal Code (Zoning) as amended (including but not limited to amendments adopted as Project Approvals) Chapter 36 of the City of Xxxxx Municipal Code (Subdivisions) Section 8.01.065(A) of the City of Xxxxx Municipal Code (Green Building Requirements) Chapter 40A of the City of Xxxxx Municipal Code (Right to Farm Ordinance) EXHIBIT D SUBSEQUENT DISCRETIONARY APPROVALS Following City Council upon approval of the Project Approvals, the following discretionary approvals and actions by the City are also required Car Club Strategy submitted pursuant to paragraph 5.1.1 or its deemed approval pursuant to paragraph 5.3 to implement the Project: Tax-share Agreement terms of the approved Car Club Strategy and Annexationprovide the Car Club Spaces in such locations and timescales approved therein and offer the Car Club Spaces for use by the Car Club in accordance with the approved Car Club Strategy; Tentative Subdivision Map(s), maintain at its own expense the Car Club Spaces and make the Car Club Spaces available and ready for use for a minimum of ten (10) years from first establishment of the Car Club (or such shorter period as required; Final planned development approvals, as required; Additional subdivision map approvals, as required Conditional use permits where applicable; Design Review where applicable; Complete other processing as required. EXHIBIT E ENVIRONMENTAL SUSTAINABILITY LEED Obligations The City and agreed in writing with the Developer have agreed that environmental concerns and energy efficiency are critical issues for new developments. Therefore, the Developer and the City have agreed Council having reasonable regard to the attached Sustainability Implementation Plan. The Project shall meet LEEDv3 Gold standards. Compliance viability and feasibility of the Car Club); publicise the Car Club annually for meeting LEEDv3 equivalency standards shall be demonstrated by an evaluation prepared by a third party mutually agreeable the minimum period of 10 years from first establishment of the Car Club (or such shorter period as agreed in writing with the Council having reasonable regard to the City viability and Developer, prior to building permit issuance. Developer may choose to maximize photovoltaic energy generation, or to adjust or substitute credits provided the point count for LEEDv3 Gold is met, to the satisfaction feasibility of the Director Car Club); provide details of Community Development and Sustainability. The Director may require third party verification of any changed credits, or monitoring during construction how to join the Car Club within its marketing materials for compliance, at the cost duration of the Developer. Formal certification of marketing period for the Project by the U.S. Green Building Council is not required. Other Obligations The Project is also subject to sustainability commitments in the Baseline Project Features, including: Compliance with EIR Mitigation Measure calling for a Transportation Demand Program, including limitations on vehicle trips for every project phase. The Developer shall engage a 3rd party photovoltaic energy consultant agreeable to the City to evaluate the site, building design and parking lot development areas, and produce a report that describes where to place photovoltaics and in what amount for maximum efficient energy production. The City shall review said report at the time the site plan and design review applications are made by the Developer and make recommendations to the Planning Commission and/or City Council on the placement of photovoltaics in effort to maximize photovoltaics while balancing tree and landscape placement. The Developer agrees to provide said photovoltaics on buildings, parking lots, or other areas in the amount conditioned by the City at the time the future site plan and design review application is approved by the City. The City Council may allow other energy generation or conservation features as substitutes for any or all of the photovoltaics, upon review by the Environmental Certification Panel and a determination that the substitution would provide additional sustainability benefits and be consistent with other requirements of the Baseline Project Features, EIR Mitigation Measures, and this Agreement. Project will maximize photovoltaics, or equivalent, as established in the Development Agreement with goal of net zero. Project will join CCE once established and operative and will buy power at the “green rate” from CCE (if available) if project does not achieve net zero. Additional sustainability components include the following: All parking for multifamily rental units shall be charged separately from rent charges. Any resident may have the option of renting car-free housing. Developer shall implement a minimum $2.00 “exit charge” for vehicles owned by residents that leave off-street parking lots and structures during peak hours. The Transportation Demand Management Program required by the Sustainability Implementation Plan and EIR Mitigation Measure 4.14-5 shall provide details on implementation, including method of charge and definition of “peak hourDevelopment.” For the purpose of the sustainability program, developer shall install water submetering to allow for individual monitoring for individual apartment units. Nothing in this section shall change the City’s utility provisions that require that the property owner is the customer for City’s utility system.
Appears in 1 contract
Samples: Agreement
Affordable Housing. The Developer shall comply with the affordable housing requirements as set forth in the Development Agreement, which is focused on providing housing for extremely low and very low income students. Baseline Project Features: Implementation The Nishi Gateway project is required to develop in a manner consistent with these Baseline Features. As provided for in Measure J/R, the Baseline Features may not be changed without approval by the voters of the City. The Planning Commission will review compliance with these Baseline Project Features as it considers application for Final Planned Development, Tentative Subdivision Map, approval of Design Guidelines, implementation of sustainability plans, and through the annual review of implementation of the Project’s Development Agreement. There are other additional requirements for the Nishi Gateway project, including but not limited to, the mitigation measures set forth in the Final Environmental Impact Report, and the Development Agreement that, while important to the Project, are not Baseline Project Features and may be modified with the approval of the City, after the appropriate public process. In addition, minor changes to the Project can be anticipated during the course of this multiple year build out. Such changes, often the result of detailed engineering, sustainability obligations, or changing conditions, may be changed without voter approval, if they are substantially consistent with the Baseline Features and they do not materially alter the character of the project, as established in Resolution 06-40 Establishing Criteria to Determine What Constitutes a Significant Project Modification or Change Requiring a Subsequent Measure J Vote. EXHIBIT C PROJECT APPROVALS The Nishi Project required the following discretionary actions by the Xxxxx Davis City Council (the “Project Approvals”) ♦ Certification of the EIR and adoption of the Mitigation Monitoring and Reporting Program; ♦ Approval of the General Plan Amendment #08-14 and Establishment of the Baseline Project Features, as described on Exhibit B ♦ Rezoning and Planned Development #06-14 ♦ Development Agreement Applicable development standards include, but are not limited to, the following as of the Effective Date: ♦ 2007 General Plan Update, as amended (including but not limited to amendments adopted as Project Approvals) ♦ Chapter 40 of the City of Xxxxx Municipal Code (Zoning) as amended (including but not limited to amendments adopted as Project Approvals) ♦ Chapter 36 of the City of Xxxxx Municipal Code (Subdivisions) ♦ Section 8.01.065(A) of the City of Xxxxx Municipal Code (Green Building Requirements) ♦ Chapter 40A of the City of Xxxxx Municipal Code (Right to Farm Ordinance) EXHIBIT D SUBSEQUENT DISCRETIONARY APPROVALS Following City Council approval of the Project Approvals, the following discretionary approvals and actions by the City are also required to implement the Project: ♦ Tax-share Agreement and Annexation; ♦ Tentative Subdivision Map(s), as required; ♦ Final planned development approvals, as required; ♦ Approval of Design Guidelines; ♦ Additional subdivision map approvals, as required ♦ Conditional use permits where applicable; ♦ Design Review where applicable; ♦ Complete other processing as required. EXHIBIT E ENVIRONMENTAL SUSTAINABILITY LEED Obligations The City and the Developer have agreed that environmental concerns and energy efficiency are critical issues for new developments. Therefore, the Developer and the City have agreed to the attached Sustainability Implementation Plan. The Project shall meet LEEDv3 Gold standards. Compliance for meeting LEEDv3 equivalency standards shall be demonstrated by an evaluation prepared by a third party mutually agreeable to the City and Developer, prior to building permit issuance. Developer may choose to maximize photovoltaic energy generation, or to adjust or substitute credits provided the point count for LEEDv3 Gold is met, to the satisfaction of the Director of Community Development and Sustainability. The Director may require third party verification of any changed credits, or monitoring during construction for compliance, at the cost of the Developer. Formal certification of the Project by the U.S. Green Building Council is not required. Other Obligations All residential, office, and research and development buildings on the Property shall be certified under the Leadership in Energy & Environmental Design (LEED) program offered by the U. S. Green Building Council. The Project is also subject City and the Developer shall pursue Leadership in Energy & Environmental Design Neighborhood Development (LEED-ND) certification for the Property. Developer and City shall consider modifications to sustainability commitments in the Project, consistent with the Baseline Project Features, including: Compliance to improve consistency with EIR Mitigation Measure calling for a Transportation Demand ProgramLEED-ND certification requirements. However, including limitations on vehicle trips for every the project phase. The Developer shall engage a 3rd party photovoltaic energy consultant agreeable not be detrimentally modified, such as by adding intersections not providing improved connectivity or increasing the length and cost of grade-separated crossings with minimal sustainability benefit, in order to the City to evaluate the site, building design and parking lot development areas, and produce a report that describes where to place photovoltaics and in what amount for maximum efficient energy productionmeet LEED-ND prerequisites or xxxxxx LEED-ND points. The City shall review said report at the time the site plan and design review applications are made by the Developer and establish an Environmental Certification Panel to make recommendations to the Planning Commission and/or City Council on the placement of photovoltaics in effort to maximize photovoltaics while balancing tree and landscape placementCouncil. The Developer agrees to provide said photovoltaics on buildings, parking lots, or other areas in the amount conditioned Environmental Certification Panel shall be appointed by the City at the time the future site plan Council with representatives from City Commissions (Bicycling, Transportation, and design review application is approved by the CityStreet Safety; Finance and Budget; Natural Resources; Open Space and Habitat; and Recreation and Park), Cool Xxxxx, Developer, and at-large members with LEED credentials. UC Davis will be invited to provide an ex-officio member. The City Council may allow other energy generation or conservation features as substitutes for any or all of the photovoltaics, upon review by the Environmental Certification Panel and a determination that the substitution would provide additional sustainability benefits and be consistent with other requirements of the Baseline Project Features, EIR Mitigation Measures, and this Agreement. Project will maximize photovoltaics, or equivalent, as established in the Development Agreement with goal of net zero. Project will join CCE once established and operative and will buy power at the “green rate” from CCE (if available) if project does not achieve net zero. Additional sustainability components include the following: All parking for multifamily rental units shall be charged separately from rent charges. Any resident may have with the option of renting car-free housing. Developer shall implement a minimum $2.00 “exit charge” for vehicles owned by residents that leave off-street parking lots and structures during peak hours. The Transportation Demand Management Program required by following tasks regarding the Sustainability Implementation Plan and EIR Mitigation Measure 4.14-5 shall provide details on implementation, including method of charge and definition of “peak hour.” For the purpose of the sustainability program, developer shall install water submetering to allow for individual monitoring for individual apartment units. Nothing in this section shall change the City’s utility provisions that require that the property owner is the customer for City’s utility system.Project:
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Samples: Agreement
