Common use of Rules, Regulations and Official Policies Clause in Contracts

Rules, Regulations and Official Policies. (1) Development of the SUBJECT PROPERTY shall be subject to all standards in the GENERAL PLAN, the NORTH SAN XXXX POLICY, the zoning code, and other rules, regulations, ordinances and official policies of CITY applicable to the ability to develop the PROJECT on the SUBJECT PROPERTY in effect at the time, except as otherwise provided in the VESTED ELEMENTS described herein. (2) This SECTION shall not preclude the application to development of the PROJECT or the SUBJECT PROPERTY of changes in CITY laws, regulations, plans or policies, the terms of which are specifically mandated and required by changes in State or Federal laws or regulations. In the event State or Federal laws or regulations enacted after the EFFECTIVE DATE of this AGREEMENT or action by any governmental jurisdiction other than the CITY prevent or preclude compliance with one or more provisions of this AGREEMENT or require changes in plans, maps or permits approved by the CITY, this AGREEMENT shall be modified, extended or suspended as may be necessary to comply with such State or Federal law or regulation or the regulation of such other governmental jurisdiction. (3) This SECTION shall not be construed to limit the authority or obligation of CITY to hold necessary public hearings or to limit the discretion of CITY or any of its officers or officials with regard to rules, regulations, ordinances, laws and entitlements of use which require the exercise of discretion by CITY or any of its officers or officials, provided that subsequent discretionary actions shall not be in conflict with the VESTED ELEMENTS. (4) Notwithstanding anything herein to the contrary, all applications for approvals, permits and entitlements shall be subject to the development and processing fees and taxes which are in force and effect at the time the application therefor is filed. (5) Nothing herein shall be construed to limit the authority of the CITY to adopt and apply codes, ordinances, regulations and policies which have the legal effect of protecting persons or property from dangerous or hazardous conditions which create a substantial physical risk. This subsection is not intended to be used for purposes of general welfare or to limit intensity of development or use, but to protect and recognize the authority of the CITY to deal with endangerment’s not adequately addressed at the time of the adoption of this AGREEMENT. (6) Codes, ordinances and regulations relating to construction standards or permits, for example, building and fire codes, shall apply as of the time of grant of each applicable construction permit except to the extent that such are in conflict with a VESTED ELEMENT. In the case of conflict, the new codes, ordinances and regulations shall apply to new construction to the same extent as would be applicable in the case of substantial reconstruction of an existing structure.

Rules, Regulations and Official Policies. (1) Development of Provided there is no direct or indirect interference or conflict with the SUBJECT PROPERTY shall be subject to all standards terms, conditions or goals contemplated in the GENERAL PLANPolicy Plan, the NORTH SAN XXXX POLICY, the zoning code, and other rules, regulations, ordinances regulations and official policies governing permitted uses of CITY the Project Site and the development, density or intensity of uses, design, improvement, construction and building standards, occupancy and specifications applicable to the ability to develop Project Site and the PROJECT on the SUBJECT PROPERTY Project shall be those rules, regulations and official policies in effect force at the timetime of “development” of this Project Area within the Project Site. For purposes of this Agreement, except as otherwise provided in “development” shall mean the VESTED ELEMENTS described hereintime City is prepared to issue or grant the applicable permit or approval. (2) This SECTION Section shall not preclude the application to the development of the PROJECT or the SUBJECT PROPERTY of Project Site changes in CITY City laws, regulations, plans or policies, the terms of which are specifically mandated and required by changes in State state or Federal federal laws or regulationsregulations as provided in Government Code Section 65869.5. In the event State such changes in state or Federal federal laws or regulations enacted after the EFFECTIVE DATE of this AGREEMENT or action by any governmental jurisdiction other than the CITY prevent or preclude compliance with one or more provisions of this AGREEMENT or require changes in plansthe Agreement, maps or permits approved by the CITY, this AGREEMENT City and Developer shall be modified, extended or suspended take such action as may be necessary required pursuant to comply with such State or Federal law or regulation or the regulation Section 4.E (Enforced Delay; Extension of such other governmental jurisdictionTime of Performance) and Section 7 (Cooperation Implementation) of this Agreement. (3) This SECTION Section shall not be construed to limit the authority or obligation of CITY the City to hold necessary public hearings or to limit the discretion of CITY or any of its officers or officials with regard to rules, regulations, ordinances, laws and entitlements of charge processing fees for land use which require the exercise of discretion by CITY or any of its officers or officials, provided that subsequent discretionary actions shall not be in conflict with the VESTED ELEMENTS. (4) Notwithstanding anything herein to the contrary, all applications for approvals, building permits and other similar permits and entitlements shall be subject to the development and processing fees and taxes which are in force and effect and uniformly applied on a city-wide basis with respect to development projects at the time the application therefor is filedfor those permits are received by City. (54) Nothing herein shall be construed to limit Except as otherwise specifically set forth in this Agreement, fees, charges, taxes or any other levy that is modified or adopted by City during the authority of the CITY to adopt and apply codes, ordinances, regulations and policies which have the legal effect of protecting persons or property from dangerous or hazardous conditions which create a substantial physical risk. This subsection is not intended to be used for purposes of general welfare or to limit intensity of development or use, but to protect and recognize the authority of the CITY to deal with endangerment’s not adequately addressed at the time of the adoption term of this AGREEMENT. (6) Codes, ordinances and regulations relating to construction standards or permits, for example, building and fire codes, shall apply as of the time of grant of each applicable construction permit except to the extent that such are in conflict with a VESTED ELEMENT. In the case of conflict, the new codes, ordinances and regulations Agreement shall apply to new construction the Project provided such fees, charges, taxes or other levies uniformly apply on an “area”-wide basis with respect to other residential development projects within the same extent City. No additional conditions, exactions, dedications, regulations or fees, either through the exercise of the police power or taxing power, can be imposed by City on the development of the Project Site, except as would be applicable provided in this Agreement. Notwithstanding the case foregoing, City can impose against the Project its modified standard conditions of substantial reconstruction of an existing structureapproval which are uniformly applied to all residential development projects within the City.

Rules, Regulations and Official Policies. (1) Development of . During the SUBJECT PROPERTY shall be subject to all standards in the GENERAL PLANTerm, the NORTH SAN XXXX POLICY, the zoning code, and other rules, regulations, ordinances and official policies governing the permitted uses of CITY applicable to land, the ability to develop density and intensity of use, conceptual architecture, improvement of the PROJECT Property shown by a Specific Plan or Plot Plan approved contemporaneously with this Agreement, including the maximum height and size of proposed buildings, shall be those rules, regulations and official policies in force on the SUBJECT PROPERTY in effect at effective date of the time, except ordinance enacted by the City Council approving this Agreement. Except as otherwise provided in this Agreement, to the VESTED ELEMENTS described herein. (extent any future changes in the General Plan, Specific Plan, zoning codes or any future rules, ordinances, regulations or policies adopted by the City purport to be applicable to the Property but are inconsistent with the terms and conditions of this Agreement, the terms of this Agreement shall prevail. To the extent that any future changes in the General Plan, Specific Plan, zoning codes or any future rules, ordinances, regulations or policies adopted by the City are applicable to the Property and are not inconsistent with the terms and conditions of this Agreement or are otherwise made applicable by other provisions of this Article 2) , such future changes in the General Plan, Specific Plan, zoning codes or such future rules, ordinances, regulations or policies shall be applicable to the Property. This SECTION section shall not preclude the application to development of the PROJECT or the SUBJECT PROPERTY Property of changes in CITY City laws, regulations, plans or policies, the terms of which are specifically mandated and required by changes in State state or Federal federal laws or regulations. In the event State state or Federal federal laws or regulations enacted after the EFFECTIVE DATE date of this AGREEMENT or action by any governmental jurisdiction other than the CITY Agreement prevent or preclude compliance with one or more provisions of this AGREEMENT Agreement or require changes in plans, maps or permits approved by the CITYCity, this AGREEMENT Agreement shall be modified, extended or suspended as may be necessary to comply with such State state or Federal law federal laws or regulation regulations or the regulation regulations of such other governmental jurisdiction. . To the extent that any actions of federal or state agencies (3or actions of regional and local agencies, including the City, required by federal or state agencies) This SECTION have the effect of preventing, delaying or modifying development of the Property, the City shall not in any manner be construed to limit the authority liable for any such prevention, delay or modification of said development. The Owner is required, at its cost and without cost to, or obligation on the part of CITY the City, to hold necessary public hearings participate in such regional or local programs and to limit the discretion of CITY or any of its officers or officials with regard to rules, regulations, ordinances, laws and entitlements of use which require the exercise of discretion by CITY or any of its officers or officials, provided that subsequent discretionary actions shall not be in conflict with the VESTED ELEMENTS. (4) Notwithstanding anything herein to the contrary, all applications for approvals, permits and entitlements shall be subject to such development restrictions as may be necessary or appropriate by reason of such actions of federal or state agencies (or such actions of regional and local agencies, including the development and processing fees and taxes which are in force and effect at the time the application therefor is filed. (5) City, required by federal or state agencies). Nothing herein shall be construed to limit the authority of the CITY City to adopt and apply codes, ordinances, ordinances and regulations and policies which have the legal effect of protecting persons or property from dangerous or hazardous conditions which create a substantial health, safety or physical risk. 2. Any final map for the Project shall comply with the rules, regulations and design guidelines in effect at the time the final map is approved. All City ordinances, resolutions, rules regulations and official policies governing the design and improvement and all construction standards and specifications applicable to the Project shall be those in force and effect at the time the applicable permit or other approval is granted. Ordinances, resolutions, rules, regulations and official policies governing the design, improvement and construction standards and specifications applicable to public improvements to be constructed by the Owner shall be those in force and effect at the time the applicable permit for the construction of such improvements is issued,. If no permit is required for the public improvements, the date of the permit shall be deemed the date construction for the public improvements is commenced. 3. This subsection is not intended to Project shall be used for purposes of general welfare or to limit intensity of development or use, but to protect and recognize constructed in accordance with the authority prohibitions of the CITY Uniform Building, Mechanical, Plumbing, Electrical, and Fire Codes, city standard construction specifications and details and Title 24 of the California Code of Regulations, relating to deal with endangerment’s not adequately addressed Building Standards, in effect at the time of the adoption of this AGREEMENT. (6) Codes, ordinances and regulations relating to construction standards or permits, for example, building and fire codes, shall apply as approval of the time appropriate building, grading, encroachment or other construction permits for the Project. If no permits are required for the public improvements, such improvements shall be constructed in accordance with the provisions of grant the codes delineated herein in effect at the start of each applicable construction permit except to the extent that of such are in conflict with a VESTED ELEMENT. In the case of conflict, the new codes, ordinances and regulations shall apply to new construction to the same extent as would be applicable in the case of substantial reconstruction of an existing structurepublic improvements.

Rules, Regulations and Official Policies. (1) Development . For the term of the SUBJECT PROPERTY shall be subject to all standards in the GENERAL PLANthis Agreement, the NORTH SAN XXXX POLICY, the zoning code, and other rules, regulations, ordinances and official policies governing the permitted uses of CITY land, the density and intensity of use, design, improvement and construction standards and specifications applicable to the ability to develop development of the PROJECT Property, including the maximum height and size of proposed buildings, shall be those rules, regulations, ordinances and official policies in force on the SUBJECT PROPERTY in effect at the time, except effective date of this Agreement. Except as otherwise provided in this Agreement, to the VESTED ELEMENTS described hereinextent any future changes in the zoning ordinance or any future rules, ordinances, regulations or policies adopted by the City purport to be applicable to the Property but are inconsistent with the terms and conditions of this Agreement, the terms of this Agreement shall prevail, unless the Parties mutually agree to amend or modify this Agreement. To the extent that any future changes in the zoning ordinance or any future rules, ordinances, regulations or policies adopted by the City are applicable to the Project and are not inconsistent with the terms and conditions of this Agreement, such future changes in the zoning ordinance or such future rules, ordinances, regulations or policies shall be applicable to this Project. (2a) This SECTION section shall not preclude the application to development of the PROJECT or the SUBJECT PROPERTY Project of changes in CITY lawsCity ordinances, regulations, plans regulations or policies, the terms of which are specifically mandated and required by changes in State state or Federal federal laws or regulations. In the event State state or Federal federal laws or regulations enacted after the EFFECTIVE DATE date of this AGREEMENT or action by any governmental jurisdiction other than the CITY Agreement prevent or preclude compliance with one or more provisions of this AGREEMENT Agreement or require changes in plans, maps or permits approved by the CITYCity, this AGREEMENT Agreement shall be modified, extended or suspended as may be necessary to comply with such State state or Federal law federal laws or regulation regulations or the regulation regulations of such other governmental jurisdiction. To the extent that any actions of federal or state agencies (or actions of regional and local agencies, including the City, required by federal or state agencies) have the effect of preventing, delaying or modifying development of the Project, the City shall not in any manner be liable for any such prevention, delay or modification of said development. The Developer is required, at its cost and without cost to or obligation on the part of the City, to be subject to such development restrictions as may be necessary or appropriate by reason of such actions of federal or state agencies. (3) This SECTION shall not be construed to limit the authority or obligation of CITY to hold necessary public hearings or to limit the discretion of CITY or any of its officers or officials with regard to rules, regulations, ordinances, laws and entitlements of use which require the exercise of discretion by CITY or any of its officers or officials, provided that subsequent discretionary actions shall not be in conflict with the VESTED ELEMENTS. (4) Notwithstanding anything herein to the contrary, all applications for approvals, permits and entitlements shall be subject to the development and processing fees and taxes which are in force and effect at the time the application therefor is filed. (5b) Nothing herein shall be construed to limit the authority of the CITY City to adopt and apply codes, ordinances, ordinances and regulations and policies which have the legal effect of protecting persons or property from dangerous or hazardous conditions which create a substantial health, safety or physical risk. 2. This subsection is not intended to be used All project construction, improvement plans and final maps for purposes of general welfare or to limit intensity of development or usethe Project shall comply with the rules, but to protect regulations and recognize the authority of the CITY to deal with endangerment’s not adequately addressed design guidelines in effect at the time of the adoption of construction, improvements, plan or final map is approved. Unless otherwise expressly provided in this AGREEMENT. (6) CodesAgreement, ordinances all city ordinances, resolutions, rules, regulations and regulations relating to official policies governing the design and improvement and all construction standards or permits, for example, building and fire codes, specifications applicable to the Project shall apply as of be those in force and effect at the time the applicable permit is granted. Ordinances, resolutions, rules, regulations and official policies governing the design, improvement and construction standards and specifications applicable to public improvements to be constructed by Developer shall be those in force and effect at the time the applicable permit approval for the construction of grant of each applicable construction such improvements is granted. If no permit except to is required for the extent that such are in conflict with a VESTED ELEMENT. In the case of conflictpublic improvements, the new codesdate of permit approval shall be the date the improvement plans are approved by the City or the date construction for the public improvements is commenced, ordinances and regulations shall apply to new construction to the same extent as would be applicable in the case of substantial reconstruction of an existing structurewhichever occurs first.