PD BACKGROUND REPORT (PL-SMA-2022-012_AmendSMA-07-024_&_PL-REZ-2022-014_AmendREZ-07-075)

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Approval for Phase 1. Should these amendment requests be approved to allow for additional time by which to complete the project, the Applicant will diligently work towards an affordable housing agreement with OHCD that must be executed in order for Final Subdivision Approval to be issued for any phase of this development. U. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation,fire,police, solid waste disposal facilities and roads.....The fair share contribution shall have a maximum combined value of$11,506.13 per single-family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition.... In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation,fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. The applicant shall receive a credit against the fair share contribution required for road and traffic improvements outside of the proposed subdivision in the amount of the costs of construction as described in Condition H herein. • The Applicant will comply with this condition commensurate with the completion of individual phases of the subdivision. V Should the Council adopt a Unified Impact Fee Ordinance...conditions included herein shall be credit towards the requirements of the Unified Impact Fees Ordinance. • This is not applicable, inasmuch as such an ordinance has not been passed as of this date. W. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. • This has and will continue to be complied with by the Applicant and/or its construction consultants and contractors. X. An annual progress report shall be submitted to the Planning Director prior to the effective date of the ordinance...This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required • Although the condition requires the report be submitted `prior to the effective date of the ordinance," it was understood that the reports are usually required prior to the anniversary date of the effective date of the ordinance. The Applicant has been diligent in providing annual progress reports specific to the change of zone ordinance, but has been remiss in doing same for the SMA Permit. 16Page