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Filed for Record 04116/2009 04 :48:53 PM -Kittitas County, WA Auditor -200904160090 Page 34 of 118 <br />impacts could be satisfactorily addressed through less stringent mitigation conditions, the County <br />may waive or modify such mitigation conditions or required timeftumes as appropriate. <br />(h) No Restrictions or Limitations on the Rate or Timing of Development. <br />Except as provided in the MPR Project Development Pennit and MountainStar MPR Conditions, <br />and Applicable Law, the County shall have no authority to restrict or limit the rate and/or timing <br />of development for MountainStar. In the event a County Law (as defined in Section 4.1 (f)) is <br />enacted, whether by action of the BOCC, the Planning Commission or County staff, or by <br />initiative or referendum. issuance ofa Subsequent Action or any other means, which relates to <br />growth rate. timing, phasing or sequencing of new development or construction in the County or, <br />more particularly, development and construction of all or any part ofMountainStar, such County <br />Law shall not apply to MountainStar or any portion thereof. <br />(i) Further SEPA Review. In accordance with the Planned Action <br />Ordinance. the County's environmental review of any Subsequent Action pursuant to SEPA shall <br />utilize the Mountain Star EIS to the fullest extent permitted b;y law. Under the Planned Action <br />Ordinance, the County retains substantive SEPA authority to address probable significant <br />adverse environmental impacts not analyzed in the MountainStar ElS. In addition, further SEPA <br />review may be required in connection with General Site Plans and Site Development Plans <br />submitted by Trendwest which propose deviations from the MountainStar Resort Conceptual <br />Master Plan or from approved General Site Plans or Site Development Plans in accordance with <br />Section 5.1 below. Conditions resulting from such further SEPA review may be based on then- <br />current adopted County SEPA policies. Costs associated with any additional SEPA review <br />required by the County pursuant to this Agreement shall be borne by Trendwest. <br />Suncadia !Vla-ru:T Planned Reson De~elopmcnl A[!l'Cemcml (Amended and Restated 12-02-200&} Page 33