ORD 1815A - Laserfiche WebLink

Approvals; or (2) conflict with the Project Approvals or with this Agreement. New or additional conditions shall be deemed to be "in conflict" with the Project Approvals or this Agreement if they result in one or more of the circumstances identified in subsection 2.4( c) (i) through (viii) above. (d) Only such subsequent discretionary land use approvals that would have been required under the Project Approvals, the Existing Standards and any previously adopted Future Changes not in conflict with the Project Approvals or Existing Standards shall be applicable. Nothing provided herein is intended to prevent a City Board or Commission, or equivalent City agencies, different from that which exists on the Effective Date, from exercising discretionary review over the design of the Project so long as the standard of review is pursuant to and consistent with the Existing Standards, the Project Approvals and this Agreement, and the change does not trigger any additional review process or City approval. (e) Notwithstanding any other provision of this Section 2.5, in the event, after the Effective Date but prior to the date of final action by LAFCO approving annexation of the Property into the City, the Property Owner applies for a material change to the Initial Project Approvals that is not necessitated or required by actions or detenninations of other regulatory agencies pursuant to the provisions of Section 7.2 of this Agreement, then City shall have the discretion (1) to deny the application without being in breach of the Agreement, if it determines that denial is appropriate, or (2) to approve the application. For purposes of this Section 2.5(e), a material change shall be deemed to be a significant change from the Project approved, or from the Project conditions of approval, under the Initial Project Approvals. In the event the City proposes approval of the application with conditions which are unacceptable to Property Owner, then Property Owner shall be entitled, without being in breach of the Agreement, to withdraw its application for such material change prior to final City action without prejudice to reapplication at any time. 2.6 Subseauent Ministerial Aoorovals. (a) All non-discretionary approvals required by the Property Owner to develop the Property including, but not limited to, (I) road construction permits or authorizations; (2) grading and demolition permits; (3) building permits; (4) certificates of occupancy; (5) encroachment permits; and (6) any other permits or approvals required by the City which are to be issued upon compliance with uniform, objective standards and regulations (collectively "Subsequent Ministerial Approvals") shall be reviewed and processed by the City in accordance with the Existing Standards. (b) Only those Subsequent Ministerial Approvals as would have been required by the City under the Project Approvals, the Existing Standards and any previously adopted Future Changes not in conflict with the Project Approvals or Existing Standards shall be applicable. 2.7 Imoosition of Additional Environmental Mitigations. Except as provided in Section 2.8 of this Agreement, City shall not require or condition any Subsequent Discretionary Approval which otherwise conforms to the prior Project Approvals upon additional 356901849375v14 -9- 08l2S1OO