ORD 1815A - Laserfiche WebLink

ARTICLE 2. DEVELOPMENT OF THE PROPERTY 2.1 In General. City shall have the right to control development of the Property and Property Owner shall have the right to develop the Property in accordance with the provisions of the Project Approvals. 2.2 Pennitted Uses and DeveloDment Rillhts: Existinl! Standards. '\ .' (a) The Property Owner shall be vested with the right to develop the Property in accordance with and subject to the terms and conditions of the Project Approvals. Specifically, without limiting the generality of Section 2.1 above, the pennitted uses, density and intensity of use, height and size of buildings, provisions for reservation and dedication of land for public purposes and other standards and conditions of developrnent shall be as set forth in the Existing Standards and the Project Approvals, including any exceptions to the Existing Standards, as described in Section 2.2(b) below. (b) The City (including individual departments thereof) has in effect at the Effective Date certain ordinances, laws, rules, regulations, development standards and policies applying to development of property within the City (the "Existing Standards''). In connection with the Initial Project Approvals, City has approved certain development plan elements or features that will apply to all phases of development of the Property, some of which have been authorized as exceptions to the City's Existing Standards. Such exceptions are specifically allowed to be granted pursuant to the City's planned development zoning regulations. Property Owner shall be vested with the right to develop the Property in accordance with the Project Approvals, and to the extent there is a conflict between the Project Approvals and the Existing Standards, the terms and conditions of the Project Approvals shall control. In addition, to the extent there is a conflict between the Specific Plan, the PUD and this Agreement, the provisions of this Agreement shall control. Notwithstanding the foregoing, nothing in this Agreement shall preclude City from applying changes occurring from time to time in the "Uniform Codes," e.g., the Uniform Building Code, Uniform Electrical Code, Uniform Fire Code, Uniform Mechanical Code, or Uniform Plumbing Code, provided that such changes (i) are found by City to be necessary to the health or safety of the citizens of City, and (ii) are generally applicable to all similar types of property in City. (c) To the extent there is any conflict, direct or indirect, between any Project Approval, including any condition to any Project Approval, and any CEQA mitigation measure(s) adopted by City in connection with any Project Approval, the provisions of the Project Approval shall control. 2.3 DeveloDment TiminlZ. Except as otherwise expressly provided in the Project Approvals, Property Owner shall not be required to follow any phasing plan or schedule in developing the Property. The City may control the timing of construction of the residential uses within the Project through limitations on issuance of building permits for such uses, consistent with the Growth Management Agreement. Other than as provided in the Growth Management Agreement or the Project Approvals, Property Owner shall be able to initiate development of the 356901849375v14 - 5- 08l2SlOO