REPORT TO COUNCIL
SUBJECT
Title
Action on a Reimbursement Agreement for the Tasman East Specific Plan
Report
BACKGROUND
The City is in the process of preparing a Specific Plan for the multi-phased, mixed-use development on the 46-acre "Tasman East" site at the intersection of Tasman Drive and Lafayette Street. The necessary entitlements to proceed with the project include a general plan amendment, the Tasman East Specific Plan, development plans, subdivision maps, one or more development agreements, and an Environmental Impact Report (EIR) (collectively, the "Project Approvals"). At least four developers are in discussions with the City to begin development applications, including Tasman East Urban Housing, LLC (an affiliate of the Related Companies) and Summerhill Apartment Communities.
DISCUSSION
With larger-scale projects, the City typically retains outside legal counsel to assist with the preparation of the Project Approvals, and seeks developer reimbursement for the expenses of the outside counsel. Related Companies entered into such an arrangement with the City for the CityPlace Project. The City is now interested in entering into a similar reimbursement agreement to cover expenses with the four developers for the Tasman East Project.
Entering into this agreement would require the developers to reimburse the City for its outside counsel expenses, but would not obligate the City to approve the Project or certify the EIR.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment. An EIR is currently being drafted for the Tasman East project, which will be brought to the Council for consideration when the Tasman East project is considered.
FISCAL IMP...
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