Common use of Reserved Powers Relating to Project Entitlements and Approvals Clause in Contracts

Reserved Powers Relating to Project Entitlements and Approvals. Notwithstanding any other provision of this Development Agreement to the contrary, the Town retains the following reserved powers and retains the authority to take the following actions: 5.2.1. Grant or deny applications for land use entitlements and approvals for the Project and the Property, consistent with this Agreement; 5.2.2. Approve, Disapprove or revise subdivision maps, parcel maps or lot line adjustments for the Project and the Property, consistent with this Agreement; 5.2.3. Apply, or adopt and apply, design and construction requirements for specific public improvements to serve the Project on the Property, except to the extent that such requirements are a part of the Collective Standards or expressly set forth in this Development Agreement; 5.2.4. Adopt and apply Town-wide or Non-Project Specific property transfer and/or excise taxes; 5.2.5. Adopt and apply Town-wide or Non-Project Specific permit processing fees; 5.2.6. Adopt and apply regulations to protect the Town and its citizens from immediate risks to health and safety. The Developer hereby agrees that any regulation with respect to flood protection adopted in response to Federal or State guidelines, regulations, or directives shall be deemed necessary to protect the public health and safety; 5.2.7. Adopt or increase fees, charges, assessments or special taxes otherwise authorized by and in compliance with State law (e.g. Gov. Code section 66000 et seq.), except to the extent prohibited by this Development Agreement; 5.2.8. Adopt and apply Town-wide or Non-Project Specific regulations relating to the temporary use of land, the control of traffic, the regulation of sewers, water, and similar subjects, and the abatement of public nuisances; 5.2.9. Adopt and apply engineering design standards and construction specifications, if required as a result of changes to federal or state law following the Effective Date or changes consistent with local industry standards; 5.2.10. Adopt and apply Town-wide or Non-Project Specific building and fire construction standards if required as a result of changes to federal or state law following the Effective Date or changes consistent with local industry standards; 5.2.11. Adopt or undertake enforcement of land use regulation ordinances, policies, programs, or resolutions in order to comply with Federal or State laws, provided that in the event that such Federal or State laws, plans, programs or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provision or provisions shall be modified or suspended solely as may be necessary to comply with such Federal or State laws or regulations; 5.2.12. Adopt land use regulations, ordinances, policies, programs or resolutions that are not in conflict with, or that are less restrictive than, the terms and conditions for development of the Project on the Property established by this Development Agreement or otherwise applicable Collective Standards and which do not impose additional burdens on such development other than those that are merely procedural in nature; 5.2.13. Adopt land use regulations, ordinances, policies, programs, resolutions or fees that are in conflict with the Collective Standards, but which are either expressly made not applicable to the Property or are consented to in writing by the Developer either through amendment of this Development Agreement or by separate document. The foregoing Reserved Powers may be exercised by the Town acting through its elected or appointed officials or its employees (subject to any appeal rights set forth in the Municipal Code), or directly by the electors through the initiative process.

Reserved Powers Relating to Project Entitlements and Approvals. Notwithstanding any other provision of this Development Agreement to the contrary, the Town City retains the following reserved powers and retains the authority to take the following actions: 5.2.16.2.1. Grant or deny applications for land use entitlements and approvals for the Project and the Property, provided such action is consistent with this Agreementthe Collective Standards; 5.2.26.2.2. Approve, Disapprove disapprove or revise subdivision maps, parcel maps or lot line adjustments for the Project and the Property, provided such action is consistent with this Agreementthe Collective Standards; 5.2.36.2.3. Apply, or adopt and apply, design and construction requirements for specific public improvements to serve the Project on the Property, except to the extent that such requirements are a part of the Collective Standards or expressly set forth in this Development Agreement; 5.2.46.2.4. Adopt and apply TownCity-wide or Non-Project Specific property transfer and/or excise taxes; processing fees; 5.2.56.2.5. Adopt and apply TownCity-wide or Non-Project Specific permit processing feesutility charges; 5.2.66.2.6. Adopt and apply City-wide or Non-Project Specific permit 6.2.7. Adopt and apply regulations to protect the Town City and its citizens from immediate risks to health and safety. The Developer Landowner hereby agrees that any regulation with respect to flood protection adopted in response to Federal or State guidelines, regulations, or directives shall be deemed necessary to protect the public health and safety; 5.2.76.2.8. Adopt or increase fees, charges, assessments or special taxes otherwise authorized by and in compliance with State law (e.g. Gov. Code section sections 66000 et seq.), except to the extent prohibited by this Development Agreement; 5.2.86.2.9. Adopt and apply TownCity-wide or Non-Project Specific regulations relating to the temporary use of land, the control of traffic, the regulation of sewers, water, and similar subjects, and the abatement of public nuisances; 5.2.96.2.10. Adopt and apply engineering design standards and construction specifications, if required as a result of changes to federal or state law following the Effective Date or changes consistent with local industry standards; 5.2.106.2.11. Adopt and apply TownCity-wide or Non-Project Specific building and fire construction standards if required as a result of changes to federal or state law following the Effective Date or changes consistent with local industry standards; 5.2.116.2.12. Adopt or undertake enforcement of land use regulation ordinances, policies, programs, or resolutions in order to comply with Federal or State laws, provided that in the event that such Federal or State laws, plans, programs or regulations prevent or preclude compliance with one (1) or more provisions of this Agreement, such provision or provisions shall be modified or suspended solely as may be necessary to comply with such Federal or State laws or regulations; 5.2.126.2.13. Adopt land use regulations, ordinances, policies, programs or resolutions that are not in conflict with, or that are less restrictive than, the terms and conditions for development of the Project on the Property established by this Development Agreement or otherwise applicable Collective Standards and which do not impose additional burdens on such development other than those that are merely procedural in nature; 5.2.136.2.14. Adopt land use regulations, ordinances, policies, programs, resolutions or fees that are in conflict with the Collective Standards, but which are either expressly made not applicable to the Property or are consented to in writing by the Developer Landowner either through amendment of this Development Agreement or by separate document. The foregoing Reserved Powers may be exercised by the Town City acting through its elected or appointed officials or its employees (subject to any the appeal rights (if any) set forth in the Municipal Code), or directly by the electors through the initiative process.