Retained Right to Discretionary Design Review Sample Clauses

Retained Right to Discretionary Design Review. Notwithstanding anything contained herein to the contrary and excepting matters over which OSHPD has exclusive jurisdiction, this Amended and Restated Railyards Development Agreement Revision Date: 10-21-2016 Agreement does not limit CITY’s Discretionary Actions regarding design review of all buildings and structures proposed to be developed on the Property in accordance with the Land Use and Development Regulations, Specific Plan, and Special Planning District. However, in conducting its design review, CITY will apply the Design Guidelines and CITY shall exercise its review in such a manner that does not reduce the square footage or the floor area ratio for the subject site below what is allowed under the Land Use and Development Regulations and the Project Entitlements.
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Retained Right to Discretionary Design Review. Notwithstanding anything contained herein to the contrary, specifically excluding, however, the Site Plan and Design Review approvals that are part of the Project Entitlements, as set forth in Exhibit C, this Agreement does not limit CITY’s Discretionary Actions regarding design review of all buildings and structures proposed to be developed on the Property in accordance with the Land Use and Development Regulations. However, in conducting its design review, CITY will apply the Design Guidelines and CITY shall exercise its review in such a manner that does not reduce the square footage or the floor area ratio for the subject site as otherwise allowed under the Design Guidelines and other Project Entitlements and the Land Use and Development Regulations. CITY retains the right to reasonably modify or amend the Design Guidelines as long as such amendments are consistent with the Project Entitlements, Development Plan, and Land Use and Development Regulations and do not conflict with or impede LANDOWNER’s Vested Rights.
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