ORD 1815A - Laserfiche WebLink

(g) No City-imposed moratorium or other lirnitation (whether relating to the rate, timing or sequencing of the development or construction of all or any part of the Property, ') whether imposed by ordinance, initiative, resolution, policy, order or otherwise, and whether enacted by the City Council, an agency of City, the electorate, or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use or service (including, without limitation, water and sewer) approved, issued or granted within City, or portions of City, shall apply to the Property to the extent such moratorium or other limitation is in conflict with the Project Approvals and/or this Agreement; provided, however, the provisions of this subsection shall not affect City's compliance with moratoria or other limitations mandated by other governmental agencies or court-imposed moratoria or other limitations. 2.5 Subseauent Discretionary Aoorovals. (a) Developrnent of the Property is subject to future City approvals including, but not limited to, approval of parcel or tentative maps pursuant to the Subdivision Map Act (Government Code Section 66410 et seq.), site-specific development plans or design review which will require the City to exercise discretion (the "Subsequent Discretionary Approvals''). All Subsequent Discretionary Approvals, except for the site specific development plans for the retail uses on the Property located at the southeast corner of Valley Boulevard and Bernal Avenue, are actions necessary to implement the Initial Project Approvals and, therefore, shall be deemed to be administrative approvals which are not subject to referendum. Each such Subsequent Discretionary Approval (including conditions of such approval) shall autontatically become part of the approvals which vest under this Agreement (the Project Approvals) upon the effective date of each such Subsequent Discretionary Approval. Property Owner shall be entitled to develop the Property in accordance with the Project Approvals (which will include the Initial Project Approvals and any Subsequent Discretionary Approvals), Pursuant to California Govemment Code Sections 66452.6(a) and 65863,9. the term of any subdivision or parcel map, including without lirnitation, the Master Map, that may be processed on all or any portion of the Property and the term of each of the Project Approvals shall be extended for a period of time through the scheduled termination date of this Agreement as set forth in Section 1,2 above; provided, however, nothing in this Section 2,5(a) shall affect any requirement or condition within the Project Approvals that require implementation of the Project, or any portion thereof, within specified time periods, (b) Subject to the provisions of this Agreement, the City shall be entitled to exercise its discretion with respect to Subsequent Discretionary Approvals by assessing whether an application for the Subsequent Discretionary Approval is consistent with the Initial Project Approvals and any prior Subsequent Discretionary Approvals, (c) In exercising discretion upon an application for a Subsequent Discretionary Approval, the City shall not deny any application, or require any modification of an application or of the Project, where the requested Subsequent Discretionary Approval is in substantial conformance with the terms of the Project Approvals or any previously adopted Future Changes not in conflict with the Project Approvals or Existing Standards. In approving applications for Subsequent Discretionary Approvals, the City may not impose any new or additional conditions that (I) address issues raised in the review and approval of the Project I / 356901849375v14 -8- 08125100