No Conflicting Enactments. Other than a referendum overturning this Agreement initiated and passed by the voters of Humboldt County, neither County, nor any agency of County, shall recognize, enact and apply to the Project Site any ordinance, resolution or other measure of any type which would have the effect of invalidating or otherwise limiting the vested rights granted by this Agreement. Except as provided for in this Agreement and the County Approvals no such action or enactment shall dictate any particular sequence, timing or phasing of the Project. By way of example and without limiting the foregoing general statement, and for all purposes pursuant to this Agreement generally, and this Section specifically, an ordinance, resolution or other measure, including an initiative shall be deemed to conflict with this Agreement if the ordinance, resolution or other measure seeks to accomplish any one or more of the following results, either with specific reference to the Project Site or as part of a general enactment that applies to the Project Site:
(a) Limit or reduce the density or intensity of the Project development as set forth in the Development Standards or otherwise require any reduction in the height, number, size or square footage of lots, structures, or buildings;
(b) Expand or increase Developer’s obligations under the Development Standards with respect to the provision of streets, roadways, and/or any other public or private improvements or structures;
(c) Limit or control in any manner the timing or phasing of the construction/development of the Project within any phase of the Development allowed by the County Approvals and this Agreement;
(d) Limit the location of buildings, structures, grading or other improvements relating to the development of the Project in a manner which is inconsistent with or more restrictive than the Development Standards;
(e) Limit the processing of applications for, or procurement of Subsequent County Approvals;
(f) Establish, enact or increase in any manner applicable to the Project, or impose against the Project, any fees, taxes (including, without limitation, general, special, and excise taxes), assessments, liens or other financial obligations other than those specifically permitted by this Agreement as increased from time to time in order to offset inflationary cost adjustments as determined by County;
(g) Initiate, support or establish any assessment district or other public financing mechanism that would include or otherwise burden or ...
No Conflicting Enactments. The City may adopt new or modified rules, regulations, or official policies after the Effective Date and such new or modified rules, regulations, or official policies shall be included within City Applicable Law; provided, however, such new or modified rules, regulations, or official policies (whether adopted by action of the City Council or other body or personnel, by initiative, by referendum, or otherwise) shall be applicable to the Project, and/or to any development on the Subject Property, only to the extent that such application does not modify the Project, does not prevent or materially impede development of the Project, does not conflict with or materially impede development of any portion of the Subject Property pursuant to City Applicable Law, and does not conflict with this Development Agreement. Any new or modified rule, regulation or official policy shall be deemed to conflict with this Development Agreement if it seeks to accomplish any one or more of the following results, either with specific reference to the Project or to any development of the Subject Property, or as part of a general enactment that would otherwise apply to the Subject Property:
(a) Reduce the density or intensity of development allowed on the Subject Property under City Applicable Law;
(b) Change any land use designation or permitted use of the Subject Property as described in City Applicable Law; and
(c) Require, for any work necessary to develop the Project on the Subject Property, the issuance of permits, approvals or entitlements by the City other than those required by City Applicable Law. Notwithstanding the foregoing, the City shall not be precluded from applying any new or modified City rule, regulation, or official policy to the Project or the Subject Property where the new or modified rule, regulation, or official policy is: (i) specifically mandated by changes in state or federal laws or regulations adopted after the Effective Date as provided in Government Code section 65869.5; (ii) specifically mandated by a court of competent jurisdiction; (iii) part of a periodic change to the California Building Code or similar safety regulation and that is in effect at the time an application is submitted; or (iv) required as a result of facts, events, or circumstances presently unknown or unforeseeable that would otherwise have an immediate adverse risk on the health or safety of the surrounding community.
No Conflicting Enactments. By entering into this Development Agreement and relying thereupon, OWNER is obtaining vested rights to proceed with the Project in accordance with the terms and conditions of this Development Agreement, and in accordance with, and to the extent of, the Development Approvals. By entering into this Development Agreement and relying thereupon, CITY is securing certain public benefits which enhance the public health, safety and general welfare. CITY therefore agrees that except as provided in Section 23 of this Development Agreement, neither the City Council nor any other agency of CITY shall enact a rule, regulation, ordinance or other measure which relates to the rate, timing or sequencing of the Development or construction of all or any part of the Project and which is inconsistent or in conflict with this Development Agreement.
No Conflicting Enactments. Except as and to the extent required by state or federal law, and subject to the provisions of this Agreement and Sections 3.3, 3.5, 3.6, 3.8, and 3.12 below, the City shall not impose on the Property any plan, ordinance, resolution, rule, regulation, standard, policy, condition, or specification, including by initiative (each individually, a "City Law"), that has any of the following effects on the rights provided by Applicable Law:
3.2.1 Changes any land use designation or permitted use of the Property from that shown in Applicable Law;
3.2.2 Limits or controls the rate, timing, phasing or sequencing of the approval, development, or construction of all or any part of the Property except as set forth in Applicable Law; or
3.2.3 Limits or restricts any right specifically granted by the City Approvals, including but not limited to permitted uses and density and intensity of use and maximum height and size of buildings; or
3.2.4 Imposes any requirements for reservation or dedication of land for public purposes except as set forth in Applicable Law.
No Conflicting Enactments. Except as otherwise provided by this Agreement, neither the City Council nor any other City agency shall enact a rule, regulation, ordinance or other measure applicable to the Property that is inconsistent or conflicts with the terms of this Agreement.
No Conflicting Enactments. Except to the extent City reserves its discretion as expressly set forth in this Agreement, during the Term of this Agreement City shall not apply to the Project or the Property any ordinance, policy, rule, regulation, or other measure relating to Development of the Project that is enacted or becomes effective after the Effective Date to the extent it conflicts with this Agreement. This
No Conflicting Enactments. Unless ordered by a court of law, or to the extent provided by state law, or as otherwise allowed by this Agreement, the City shall not impose on the Project (whether by action of the Council, or other local legislative body, or by initiative, referendum or other means) any ordinance, resolution, rule, regulation, standard, directive, condition or other measure (each, individually, a “City Law”) that is in conflict with Applicable Law (as defined in Section 2.3.1) or this Agreement, or that reduces the development rights or assurances provided by this Agreement. The Parties acknowledge that the Development Agreement Statute provides that this Agreement shall not prevent the City, in subsequent actions applicable to the Project from applying new rules, regulations and policies which do not conflict with the Applicable Law or this Agreement. Without limiting the generality of the foregoing, and except as provided otherwise in this Agreement, any City Law shall be deemed to conflict with Applicable Law or this Agreement, or to reduce the development rights provided hereby, if it would create any of the following results, either by specific reference to the Project or as part of a general enactment which applies to or affects the Project:
(a) Change any land use designation or permitted use on the Property allowed by the Entitlements or limit or reduce the density or intensity of the Project, or any part thereof, or otherwise require any reduction in the total number of residential dwelling units, or the number or square footage of proposed non-residential buildings; or
(b) To the extent that public utilities are to be provided by the City under this Agreement, limit or control the availability of public utilities, services or facilities or any privileges or rights to public utilities, services, or facilities (for example, water rights, water connections or sewage capacity rights, sewer connections, etc.) necessary to serve the Project except as allowed by Applicable Law (for example, to deny utility service for nonpayment of service charges); or
(c) Limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project, including the processing of Implementing Approvals as defined in Section 2.4.6, in any manner that could result in having to substantially delay construction of any portion of the Project or require the issuance of additional permits or approvals by the City other than those requ...
No Conflicting Enactments. Except as otherwise provided in this Agreement, City shall not impose on the Project (whether by action of the City Council or by initiative, referendum or other means) any New City Law that is in conflict with this Agreement or the Existing Approvals. Without limiting the generality of the foregoing, the City shall not (i) apply to the Property any change in land use designation or permitted use of the Property; (ii) limit or control the ability to obtain public utilities, services, or facilities; (iii) limit or control the uses; building setbacks, square footage, dimensions, floor plates, height; or location of buildings and structures; or spacing between buildings in a manner that is inconsistent with or more restrictive than the limitations included in the Existing Approvals or this Agreement; or (iv) limit or control the rate, timing, or sequencing of the approval, development or construction of all or any part of the Project or Existing Approvals, except as otherwise provided in this Agreement or the Existing Approvals.
No Conflicting Enactments. By entering into this Development Agreement and relying thereupon, OWNER is obtaining vested rights to proceed with the Project in accordance with the terms and conditions of this Development Agreement, and in accordance with, and to the extent of, the Development Approvals. OWNER shall have the vested right to develop the Property at the rate, timing and sequencing that OWNER deems appropriate within the exercise of OWNER’s sole subjective business judgment. By entering into this Development Agreement and relying thereupon, CITY is securing certain public benefits which enhance the public health, safety and general welfare. CITY therefore agrees that except as provided in Section 23 of this Development Agreement, neither the City Council nor any other agency of CITY shall enact a rule, regulation, ordinance or other measure which relates to the rate, timing or sequencing of the Development or construction of all or any part of the Project and which is inconsistent or in conflict with this Development Agreement.
No Conflicting Enactments. Subject to the limitations set forth in this Section 2.05, City, or the City electorate through the adoption of referenda and initiatives, may enact new or modified rules, regulations, or official policies after the Effective Date (each a “Later Enactment” and, collectively, “Later Enactments”). All Later Enactments shall be applicable to the Project if and only to the extent that application of any Later Enactment does not modify the Project; does not prevent or impede development of the Project; and does not conflict with this Agreement. Any Later Enactment shall be deemed to conflict with this Agreement if the enactment seeks to accomplish any one or more of the following results, either with specific reference to the Project or the development of the Subject Property, or as part of a general enactment that would otherwise apply to the Subject Property:
(a) Reduce the density or intensity of the Project under the Applicable Law;
(b) Change any land use designation or permitted use of the Subject Property for the Project as described in the Applicable Law;
(c) Require, for any work necessary to develop the Project on the Subject Property, the issuance of permits, approvals, or entitlements by City other than those required by Applicable Law; or
(d) Materially limit the processing of, the procuring of applications for, or approval of the Subsequent Approval(s). Notwithstanding the foregoing, City shall not be precluded from applying a Later Enactment to the Project where the Later Enactment is: (a) specifically mandated by changes in state or federal laws or regulations adopted after the Effective Date, as provided in Government Code section 65869.5 and Section 2.06 below; (b) specifically mandated by a court of competent jurisdiction; or (c) required by changes to the California Building Standards Codes (including the California Fire Code), and similar life safety regulations that may change from time to time, including all local amendments adopted by City or the Fire Department on a citywide basis. Except as expressly provided herein, particularly with respect to Xxxxxxxxx’s rights granted hereunder, this Agreement does not restrict City’s exercise of its police powers, and City reserves those powers to itself.
