Common use of Scope of Review of Subsequent Approvals Clause in Contracts

Scope of Review of Subsequent Approvals. City will use its reasonable best efforts to anticipate and communicate to Developer issues and concerns that may arise in connection with any application prior to the application submittal if possible and as early as feasible in the permit process. Developer will use its reasonable best efforts to keep City informed of development applications as they mature, and anticipate and communicate issues of mutual concern prior to submittal of permit applications. By approving the Project Approvals, City has made a final policy decision that the Project is in the best interests of the public health, safety and general welfare. Accordingly, City shall not use its authority in considering any application for a discretionary Subsequent Approval to change the policy decisions reflected by the Project Approvals or otherwise to prevent or delay development of the Project as set forth in the Project Approvals. Instead, the Subsequent Approvals shall be deemed to be tools to implement those final policy decisions. Except as otherwise expressly provided herein, City not impose requirements or conditions upon Project development and construction that are inconsistent with the Project Approvals and the terms and conditions of this Agreement. Further, except as expressly provided herein, City shall not exercise discretion in determining whether or how to grant Subsequent Approvals in a manner that would prevent development of the Project for the uses and to the maximum intensity of development set forth in the Project Approvals. Notwithstanding the foregoing, this Agreement shall not prevent the City, in acting on Subsequent Approvals, from applying land use regulations which do not conflict with the Vested Elements and the intent of this Agreement.

Scope of Review of Subsequent Approvals. City will use its reasonable best efforts to anticipate and communicate to Developer issues and concerns that may arise in connection with any application prior to the application submittal if possible and as early as feasible in the permit process. Developer will use its reasonable best efforts to keep City informed of development applications as they matureDeveloper prepares to file such applications, and anticipate and communicate issues of mutual concern prior to submittal of permit applications. By approving the Project Approvals, City has made a final policy decision that the Project as it exists at the time this Development Agreement is mutually executed is in the best interests of the public health, safety and general welfare. Accordingly, City shall not unreasonably use its authority in considering any application for a discretionary Subsequent Approval to change the policy decisions reflected by the Project Approvals or otherwise to prevent or delay development of the Project as set forth in the Project Approvals. Instead, the Subsequent Approvals shall be deemed to be tools to implement those final policy decisions. Except as otherwise expressly provided herein, City not impose requirements or conditions upon Project development and construction that are inconsistent with The scope of the Project Approvals and the terms and conditions review of this Agreement. Further, except as expressly provided herein, City shall not exercise discretion in determining whether or how to grant applications for Subsequent Approvals in shall be limited to a manner that would prevent development review of the Project for the uses and to the maximum intensity of development set forth in the Project Approvals. Notwithstanding the foregoing, this Agreement shall not prevent the City, in acting on Subsequent Approvals, from applying land use regulations which do not conflict conformity with the Vested Elements and the Applicable Rules (except as otherwise provided by Section 3.4), and compliance with CEQA, the Subdivision Map Act, and the Specific Plan, and where such conformity/compliance exists, City shall not deny an application for a Subsequent Approval for the Project; provided however, that the decision as to whether conformity/compliance exists shall be at the reasonable discretion of the City and the City shall consider the intent of this Agreementthe Project Approvals and the City’s goals stated in Recitals G and H. above.

Scope of Review of Subsequent Approvals. City will use its reasonable best efforts to anticipate and communicate to Developer issues and concerns that may arise in connection with any application prior to the application submittal if possible and as early as feasible in the permit process. Developer will use its reasonable best efforts to keep City informed of development applications as they matureDeveloper prepares to file such applications, and anticipate and communicate issues of mutual concern prior to submittal of permit applications. By approving the Project Approvals, City has made a final policy decision that the Project as it exists at the time this Development Agreement is mutually executed is in the best interests of the public health, safety and general welfare. Accordingly, City shall not unreasonably use its authority in considering any application for a discretionary Subsequent Approval to change the policy decisions reflected by the Project Approvals or otherwise to prevent or delay development of the Project as set forth in the Project Approvals. Instead, the Subsequent Approvals shall be deemed to be tools to implement those final policy decisions. Except as otherwise expressly provided herein, City not impose requirements or conditions upon Project development and construction that are inconsistent with The scope of the Project Approvals and the terms and conditions review of this Agreement. Further, except as expressly provided herein, City shall not exercise discretion in determining whether or how to grant applications for Subsequent Approvals in shall be limited to a manner that would prevent development review of the Project for the uses and to the maximum intensity of development set forth in the Project Approvals. Notwithstanding the foregoing, this Agreement shall not prevent the City, in acting on Subsequent Approvals, from applying land use regulations which do not conflict conformity with the Vested Elements and the Applicable Rules (except as otherwise provided by Section 3.4), and compliance with CEQA, the Subdivision Map Act, and the MSASP, and where such conformity/compliance exists, City shall not deny an application for a Subsequent Approval for the Project; provided however, that the decision as to whether conformity/compliance exists shall be at the reasonable discretion of the City and the City shall consider the intent of this Agreementthe Project Approvals and the City’s goals stated in Recitals F and G above.

Scope of Review of Subsequent Approvals. City will use its reasonable best efforts to anticipate and communicate to Developer issues and concerns that may arise in connection with any application prior to the application submittal if possible and as early as feasible in the permit process. Developer will use its reasonable best efforts to keep City informed of development applications as they matureDeveloper prepares to file such applications, and anticipate and communicate issues of mutual concern prior to submittal of permit applications. By approving the Project Approvals, City has made a final policy decision that the Project as it exists at the time this Development Agreement is mutually executed is in the best interests of the public health, safety and general welfare. Accordingly, City shall not unreasonably use its authority in considering any application for a discretionary Subsequent Approval to change the policy decisions reflected by the Project Approvals or otherwise to prevent or delay development of the Project as set forth in the Project Approvals. Instead, the Subsequent Approvals shall be deemed to be tools to implement those final policy decisions. Except as otherwise expressly provided herein, City not impose requirements or conditions upon Project development and construction that are inconsistent with The scope of the Project Approvals and the terms and conditions review of this Agreement. Further, except as expressly provided herein, City shall not exercise discretion in determining whether or how to grant applications for Subsequent Approvals in shall be limited to a manner that would prevent development review of the Project for the uses and to the maximum intensity of development set forth in the Project Approvals. Notwithstanding the foregoing, this Agreement shall not prevent the City, in acting on Subsequent Approvals, from applying land use regulations which do not conflict conformity with the Vested Elements and the Applicable Rules (except as otherwise provided by Section 3.4), and compliance with CEQA, the Subdivision Map Act, and the MSASP, and where such conformity/compliance exists, City shall not deny an application for a Subsequent Approval for the Project; provided however, that the decision as to whether conformity/compliance exists shall be at the reasonable discretion of the City and the City shall consider the intent of this Agreementthe Project Approvals and the City’s goals stated in Recitals F and G. above.