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Partners from any time conditions in any permit or subdivision map approval or to excuse the
<br />timely completion of any act which is required to be completed within the time period set by any
<br />applicable ordinance or permit provisions, subject to the provisions of subsection 2.4, below.
<br />
<br /> 2.3 Subsequent Approvals. Development of the Subject Property by Partners
<br />is subject to certain future approvals including, but not necessarily limited to, subdivision
<br />approval. Upon approval and issuance of any such subsequent approval or permit (including
<br />conditions of such approval) each such approval or permit shall automatically become part of
<br />the approvals which vest hereunder as each such approval becomes effective following final
<br />action by the County or City, and Partners shall be entitled to develop in accordance with such
<br />approvals as provided in this Agreement as though such approval existed upon the effective date
<br />of the Agreement and was initially incorporated herein.
<br />
<br /> In reviewing and approving applications for subdivision of the Subject Property
<br />and other discretionary approvals, the County or City (as to that portion of the Subject Property
<br />annexed to City) may exercise design review (as provided in Exhibit "D" to PD 1837) and may
<br />attach such conditions and requirements as may be deemed necessary or appropriate consistent
<br />with PD 1837 and PD 1949, as modified by Exhibit "B" hereto and to comply with legal
<br />requirements and policies of the County and City pertaining to such discretionary approvals.
<br />However, pursuant to subsection 2.4, only such discretionary approvals as would have been
<br />required under ordinances and regulations existing on the effective date of the Agreement shall
<br />· be applicable and any such discretionary approvals shall be evaluated and processed pursuant to
<br />ordinances, regulations and policies in effect on the effective date of this Agreement. Nothing
<br />provided herein is intended to prevent a Board or Commission, different from that which exists
<br />on the effective date of this Agreement, from exercising discretionary review over the design
<br />of the project so long as the review is pursuant to similar ordinances, regulations or policies in
<br />effect on the effective date of this Agreement.
<br />
<br /> 2.4 Anvlicable Standards. Except as expressly provided in this Agreement,
<br /> development of the Subi~ct Property shall be subject to such rules, regulations, ordinances and
<br /> ~,,,,.~... ...... . ....~e date of this Agreement. Except
<br /> ,,,~,.:-, -.-,.,. --'. .--, appli~bl: to such development cn the e~'~'~'.'4'
<br /> as otherwise provided in this Agreement, to the extent any future changes in the General Plan,
<br /> Zoning Ordinances or any future rules, regulations, or policies adopted by the County, or City,
<br /> including initiatives, purport to be applicable to the Subject Property but are in conflict with the
<br /> terms and conditions of this Agreement (including, but not limited to, any amendments imposing
<br /> any requirements in addition to those imposed by this Agreement, PD 1837 and PD 1949 as
<br /> modified by Exhibits "B" , "E", and "F" hereto, or rules, regulations, ordinances or policies in
<br /> effect on the effective date of this Agreement), to the extent permitted by law the terms of this
<br /> Agreement shall prevail, unless the parties mutually agree to amend or modify_ this Agreement
<br /> as provided herein. Without limiting the foregoing, no future modification of the County or City
<br /> General Plan, ordinances or regulations that purport to (1) limit the rate of development within
<br /> the County or City; or (2) impose fees, exactions or conditions upon development, occupancy
<br /> or use of the project other than as provided in this Agreement, PD 1837 and PD 1949, Exhibits
<br />
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