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03
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2017
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022117
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03
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3/29/2017 1:00:23 PM
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2/16/2017 1:34:54 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/21/2017
DESTRUCT DATE
15Y
DOCUMENT NO
03
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the Property, including, without limitation, amendments or other modifications to any Project <br />Approvals; boundary changes; tentative and final subdivision maps, parcel maps and lot line <br />adjustments; subdivision improvement agreements; design review; conditional use permits; <br />Building Permits; grading permits; encroachment permits; Certificates of Occupancy; formation <br />of financing districts or other financing mechanisms; and any amendments thereto <br />(administrative or otherwise). For any Subsequent Approvals proposed by Developer, Developer <br />shall file an application with City for the Subsequent Approval at issue in accordance with the <br />Existing Rules, and shall pay any applicable Regulatory Processing Fees as are in effect at the <br />time of the application. Provided that such application(s) are in a proper form and include all <br />required information and payment of any applicable Regulatory Processing Fees in the amount in <br />effect at time of payment, City shall diligently and expeditiously process each such application. <br />(c) Subsequently Adopted Rules. <br />City may apply to the Property and the Project any new or modified rules, regulations and <br />policies adopted after the Effective Date ( "Subsequently Adopted Rules "), only to the extent <br />that such Subsequently Adopted Rules are generally applicable to other similar developments in <br />the City of Pleasanton and only to the extent that such application would not conflict with any of <br />the vested rights granted to Developer under this Agreement. The Parties intend that <br />Subsequently Adopted Rules that are adopted by the voters that impair or interfere with the <br />vested rights set forth in this Agreement shall not apply to the Project. For purposes of this <br />Agreement, any Subsequently Adopted Rule shall be deemed to conflict with Developer' vested <br />rights hereunder if it: <br />(i) Seeks to limit or reduce the intensity of development of the Property or the <br />Project or any part thereof; <br />(ii) Would change any land use designation or permitted use of the Property; <br />(iii) Would limit or control the location of buildings, structures, grading, or <br />other improvements of the Project, in a manner that is inconsistent with the Existing <br />Rules or Project Approvals; <br />(iv) Would limit the timing or rate of the development of the Project, except as <br />otherwise provided herein; or <br />(v) Seeks to impose on the Property or the Project any Development Impact <br />Fee not in effect on the Effective Date of this Agreement, provided however, that, except <br />as expressly provided herein, Developer shall pay, or cause to be paid, applicable <br />Development Impact Fees in the amounts in effect at the time of payment. <br />(d) Applicable Subsequently Adopted Rules. <br />Notwithstanding the foregoing, and by way of example but not as a limitation, City shall not be <br />precluded from applying any Subsequently Adopted Rules to development of the Project on the <br />Property where the Subsequently Adopted Rules are: <br />10 <br />
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