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NOV-11-2004(THU) 09 : 40 SKILES & ASSOCIATES (FAX)512 353 2916 P.010/014 Bk Vol pg 04036144 OPR 2599 192 c. The parking structure shall not exceed the height of the immediately adjacent, connected residential structures, measured at the point of connection. In addition, the parking garage shall not be more than six stories. (The Property Owner anticipates that some excavation in the current recessed area housing the current gym will occur.) 4.08 Architectural Preservation. The Property Owner intends to adaptively reuse the SanctUary building and the attached Classroom building by reusing the facades and the structures of these two buildings. Asbestos remediation/enclosure will be performed prior to redevelopment of these buildings. The buildings may house anyone or more of the following uses: apartment residences, amenity uses such as meeting rooms, community rooms, TV rooms, internet café rooms, and Property management and marketing offices. The exterior facades of the buildings are intended to be preserved, consistent with code upgrades, window enhancements, and architecturally consistent changes to facilitate the reuse of these structures as outlined as above. The new residential and residential/mixed use buildings shall be of an architecture style designed to complement The Sanctuary building and to draw upon local architectural elements to enhance the San Marcos street environment. The buildings have not been designed, however, the quality, massing and level of architectural detail will be similar to examples provided to City Staff. The City Director of Planning shall have the right to review and confirm that the architectmal style of the construction documents is consistent with the representations set forth in the examples provided to the City, such confirmation not to be unreasonably withheld. If the Property Owner and the Director cannot agree that the plans are consistent with the architectural style as outlined above, the Property Owner and Director shall return to the Planning and Zoning Commission to resolve any outstanding issues. 4.09 Construction Across Lot Lines. As long as the Project Site is utilized as a single project and retains ownership in a single entity, the Property Owner (or its successors and assigns) shall be permitted to construct across lot lines (between Lot l-A and Lot 13-A) without setbacks between the two lots. Part 5. Miscellaneous 5.01. The Property Owner understands and acknowledges that the Project Site will be bound by the pròvisions of these development standards as though they were conditions, restrictions and limitations on use of the Project Site under the City's zoning ordinances. 5.02. The Property Owner, as fee simple owner of the Project Site, in consideration for the City's approval of the rezoning of the Proj ect Site, including these Development Standards as an integral part thereof, declares and establishes the following restrictive covenants on the Project Site in favor of the City. The Property Owner, on behalf of itself and its successors and assigns with respect to ownership of the Project Site, covenants and agrees to comply with these Development Standards, and in particular, the following: 9 S·d Ev6296E#2ts o~ ~~~~S3 t~~~ soo~~w w~s deS:20 ÞO S2 ~oo