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and between County of San Joaquin and Mountain House Community Services District and PCCP <br /> Mountain House Relative to the Development of Certain Property within the Mountain House <br /> Community, collectively referred to as"Development Agreement", approved by Ordinance 4277 in <br /> November of 2005). The Development Agreement for the proposed residential development for <br /> the most part mirrors the Mountain House Development Agreement(Amended and Restated <br /> Master Plan Development Agreement by and between County of San Joaquin and Trimark <br /> Communities Relative to the Development of Certain Property within the Mountain House <br /> Community), modifying and supplementing its provisions only as necessary. Like the Mountain <br /> House Development Agreement, it vests (i.e., locks in) certain provisions/sections of the General <br /> Pian, Mountain House Master Plan, the Mountain House Development Title, and Specific Plan III <br /> for the duration of said Development Agreement (i.e., 25 years with three possible 5-year <br /> extensions). <br /> Included as vested elements of the Development Agreement are the"Permitted Uses" and "Lot <br /> and Structure Standards"of the Mountain House Development Title. In order to have one <br /> Mountain House Development Title (and not several versions, one for each of the separate <br /> development agreements that have been executed), any changes to these vested elements would <br /> require the agreement of developers who have vested these Permitted Uses and Lot and <br /> Structure Standards in their own development agreements. All such developers have agreed to <br /> the changes in the proposed Mountain House Development Title Text Amendment relative to <br /> Permitted Uses and Lot and Structure Standards. <br /> Concerning the payment of fees, the Development Agreement specifies that both ministerial and <br /> discretionary permits would be subject to the fees"lawfully enacted and in force and effect at the <br /> time the application therefore is filed"(normally, when an application for a building permit is filed). <br /> In almost all instances this is true. However, building permits that are processed subsequent to <br /> the approval of the proposed Tentative Map would not be subject to the County's Regional <br /> Transportation Impact Fee (RTIF), which was adopted January 17, 2006. <br /> Language in the Development Agreement in effect excludes future developments covered by the <br /> Development Agreement(including the proposed residential development)from paying the RTIF. <br /> Such developments are only obligated to pay their pro rata share of transportation improvements <br /> identified in the Mountain House Transportation Improvement Fee(MHTIF) program and the <br /> County's Transportation Impact Mitigation Fee (TIMF) program. Only under very limited <br /> circumstances (see"Note" below)would future developments be subject to any of the <br /> transportation improvements identified in the RTIF program. <br /> [Note: In order to require future developments covered by the Development Agreement to pay for <br /> any additional County transportation improvements, such transportation improvements would <br /> need to be added to the TIMF program. This could only occur if subsequent traffic studies <br /> determine that the Mountain House community is contributing to the need for said improvements. <br /> These improvements may then be added to the TIMF, provided Mountain House's fair share <br /> obligation is determined prior to the inclusion in the TIMF program and provided that Mountain <br /> House is required to fund only its fair share obligation for these transportation improvements. <br /> (Refer to Section 3.5.12.A.4 of the Development Agreement.)] <br /> PLEP Obligations. <br /> The Public Land Equity Program (PLEP)ordinance requires the owner of each proposed <br /> subdivision in Mountain House to dedicate 21.2 percent of the land area of said subdivision to the <br /> applicable public agency in satisfaction of that subdivision's fair-share contribution for("qualifying") <br /> public lands in Mountain House. (Qualifying public lands are public lands shown on the Mountain <br /> House Master Plan and include school sites, parks, some open space lands,Arterial roads, and <br /> some Collector streets.) For the purposes of the Public Land Equity Program (PLEP), the public <br /> land dedication requirement for the proposed residential development is 5.43 acres (21.2% X 25.6 <br /> 26 <br />