ORD 2285 - Laserfiche WebLink

and the City shall retain discretion as to the manner it complies with such writ of mandate or court order, including reapproving, modifying, or denying approval of the Development Plan. Furthermore, in the event that Ordinance adopting the Development Plan is challenged by a referendum petition, and such petition qualifies for the ballot, such vested right to develop the Project shall be suspended pending the results of the election upon the ballot measure. If the voters do not reject Ordinance , then this vested right to develop the Project shall no longer be suspended. If the voters reject Ordinance , then this vested right to develop the Project shall no longer be in force and effect. Section 2.2 Permitted Uses. The permitted uses and the density and intensity of use of the Project Site; the maximum height, bulk and size of the proposed buildings; provisions for reservation or dedication of land for public purposes and the location of public improvements; the general location of public utilities; and other terms and conditions of development applicable to the Project, shall be as set forth in the Project Approvals and any Subsequent Approvals (but not in any limitation of any right to develop as set forth in the Project Approvals). Section 2.3 Applicable Law "Applicable Lard' shall mean, collectively, the Project Approvals and the other existing City laws, rules, regulations, official policies, standards and specifications governing development of the Project Site (including but not limited to the Zoning Ordinance, General Plan, and design and construction standards) in force and effect on July 16, 2024,the date the City Council approved the Project Approvals for the Project (the "Vesting Date"). During the Term, to the extent there are any conflicts between the Project Approvals (including but not limited to conditions to any of the Project Approvals) or the Subsequent Approvals and this Agreement, the terms and conditions of this Agreement shall govern. This Section 2.3 shall not preclude the application to development of the Project or Project Site of changes in Applicable Law, the terms of which are specifically mandated and required by changes in State or Federal laws or regulations. In the event State or Federal laws or regulations enacted after the Vesting Date of this Agreement or action by any governmental jurisdiction other than the City prevents or precludes compliance with a provisions of this Agreement or requires changes in plans, maps or permits approved by the City, this Agreement shall be modified, extended or suspended as may be necessary to comply with such State or Federal law or regulation or the regulation of such other governmental jurisdiction. Section 2.4 Moratorium Initiatives and Conflicting Enactments. To the extent consistent with State law (and excepting a declaration of a local emergency or state emergency as defined in Cal. Government Code §8558), if any ordinance, resolution or other measure is enacted subsequent to the Effective Date, whether by action of City, by initiative, referendum, or otherwise, that imposes a building moratorium, a limit on the rate of development, or a voter - approval requirement which would otherwise affect the timely development or implementation of the Project or Project Approvals or Subsequent Approvals on or for all or any part of the Project Site ("City Lard'), City agrees that such City Law shall not apply to the Project, the Project Site, this Agreement, the Project Approvals, or the Subsequent Approvals, if any, during the Term. Section 2.5 Life of Project Approvals or Subsequent Approvals. The term of any Project Approval or Subsequent Approval shall automatically be extended for the longer of the Term or the term otherwise applicable to such Project Approval or Subsequent Approval if this Agreement is no longer in effect. The Term, any other Project Approval or Subsequent Approval shall not include any period of time during which any applicable development or utility