PC 2000-49 - Laserfiche WebLink

(d) Only such subsequent discmtionsry land use approvals that would have been required under the Project Approvals, the Existing Standards and any previously adopted Future Ch~ges not in conflict with the Project Approvals or Existing Standards shall be applicable. Nothln~ provided herein is intended to preveut a City Board or Commission, or equivalent City agencies, different from that which exists on thc Date of Execution, from exercising discretionary review over the design of the Project so long as the standard of review is parsuem to and consistent with the Existing Standards, the Project Appwvals and this Agreement, and the change does not ~-igger any additional review process or City approval. (e) Notwithstanding any other provision of this Section 2.5, in the event, after t.he Date of Execution but prior to the date of final action by LAFCO approving annexation of the Property to the City, the Property Owner applies for a material change to the Initial Project Approvals that is not necessitated or required by actions or determinations of other regulatory agencies pursu*nt to the provisions of Section 7.2 of this Agreement, then City shall have the discretion (1) to deny the application without being in breach of the Agreement, if it determines that denial is appropriate, or (2) to approve the application. For purposes of this Section 2.5(f), a material change shall be deemed to be a significant change from the Pwject approved, or from the Project conditions of approval, under the Initial Project Approvals. In the event the City proposes approval of the application with conditions which are unacceptable to Property Owner, then Property Owner shall be entitled, without being in breach of the Agreement, to withdraw its application for such material change prior to final City action without prejudice to re, application at any time. 2.6 Subsoaueut Ministerial Am~rovals. (a) All non-discretionary approvals requi~d by the Property Owner to develop the Property including, but not limited to, (1) road construction permits or authorizations; (2) grading and demolition permits; (3) building permits; (4) certificates of occupancy; (5) encroachment permits; and (6) any other permits or approvals required by the City which are to be issued upon compliance with uniform, objective standards and regulations (collectively "Subsequent M/nisterial Approvals") shall be reviewed and processed by the City in accordance with the Existing Standards. Co) Only those Subsequent Ministerial Approvals as would have been required by the City under the Project Approvals, the Existing Standards and any previously adopted Future Changes not in conflict with the Project Approvals or Existing Standards shall be applicable. 2.7 Ilmi~sition of Ad~d~itloltal Envi~nmental Mitilations. Except as pwvided in Section 2.8 of'this Agreement, City shall not require or condition any Subsequent Discretionary Approval wh/ch otherwise conforms to the prior Project Appwvals upon additional enviwnmental mitigation measures not already referred to and/or imposed in connection with the Initial Project Approvals ("Additional Mitigations"). 2.8 Scone of Additional Mitilations. City's enviwnmental review of Subsequent Approvals required for the Project shall utilize the Bemal Property Final Enviwnmental Impact Report (the "FEIR") to the fullest extent pennitted by law. Additional Mitigations shall be 35690/~937Sv5 - 9 - ~