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City of Pleasanton
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2010
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7/14/2010 4:10:28 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
7/20/2010
DESTRUCT DATE
15 Y
DOCUMENT NO
12
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Approvals; or (2) conflict with the Project Approvals or with this Agreement. New or additional <br /> conditions shall be deemed to be "in conflict" with the Project Approvals or this Agreement if <br /> they result in one or more of the circumstances identified in subsection 2.4(c) (i) through (viii) <br /> above. <br /> (d) Only such subsequent discretionary land use approvals that would have <br /> been required under the Project Approvals, the Existing Standards and any previously adopted <br /> Future Changes not in conflict with the Project Approvals or Existing Standards shall be <br /> applicable. Nothing provided herein is intended to prevent a City Board or Commission, or <br /> equivalent City agencies, different from that which exists on the Effective Date, from exercising <br /> discretionary review over the design of the Project so long as the standard of review is pursuant <br /> to and consistent with the Existing Standards, the Project Approvals and this Agreement, and the <br /> change does not trigger any additional review process or City approval. <br /> (e) Notwithstanding any other provision of this Section 2.5, in the event, after <br /> the Effective Date but prior to the date of final action by LAFCO approving annexation of the <br /> Property into the City, the Property Owner applies for a material change to the Initial Project <br /> Approvals that is not necessitated or required by actions or determinations of other regulatory <br /> agencies pursuant to the provisions of Section 7.2 of this Agreement, then City shall have the <br /> discretion (1) to deny the application without being in breach of the Agreement, if it determines <br /> that denial is appropriate, or (2) to approve the application. For purposes of this Section 2.5(e), a <br /> material change shall be deemed to be a significant change from the Project approved, or from <br /> the Project conditions of approval, under the Initial Project Approvals. In the event the City <br /> proposes approval of the application with conditions which are unacceptable to Property Owner, <br /> then Property Owner shall be entitled, without being in breach of the Agreement, to withdraw its <br /> application for such material change prior to final City action without prejudice to reapplication <br /> at any time. <br /> 2.6 5ubseouent Ministerial Approvals. <br /> (a) All non discretionary approvals required by the Property Owner to <br /> develop the Property including, but not limited to, (1) road construction permits or <br /> authorizations; (2) grading and demolition permits; (3) building permits; (4) certificates of <br /> occupancy; (5) encroachment permits; and (6) any other permits or approvals required by the <br /> City which are to be issued upon compliance with uniform, objective standards and regulations <br /> (collectively "Subsequent Ministerial Approvals shall be reviewed and processed by the City in <br /> accordance with the Existing Standards. <br /> (b) Only those Subsequent Ministerial Approvals as would have been required <br /> by the City under the Project Approvals, the Existing Standards and any previously adopted <br /> Future Changes not in conflict with the Project Approvals or Existing Standards shall be <br /> applicable. <br /> 2.7 Imposition of Additional Environmental Mitigations. Except as provided in <br /> Section 2.8 of this Agreement, City shall not require or condition any Subsequent Discretionary <br /> Approval which otherwise conforms to the prior Project Approvals upon additional <br /> 35690/849375v14 9 08/25.00 <br />
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