Subsequent Approvals. 9.4.1 Applications for Subsequent Approvals shall be processed by the Local Agency (and as may otherwise be agreed by Landowner and by City and County in any applicable City/County Agreements), and consistent with the Plan Review Procedures in Exhibit F, and the Subdivision Procedures in Exhibit I. Development of the Project is subject to discretionary and ministerial Subsequent Approvals in accordance with the Project Approvals. In considering, reviewing and acting on applications for Subsequent Approvals, the County shall apply the Existing County Land Use Regulations and, upon annexation, the City shall apply the Existing City Land Use Regulations, subject to any changes to Existing County Land Use Regulations or Existing City Land Use Regulations permitted or provided for under this Agreement. Notwithstanding the foregoing, in reviewing Subsequent Approvals, the Local Agency shall exercise its authority consistent with its customary practice, as modified by Exhibit F, Plan Review Processing, and Exhibit I, Subdivision Procedures, and provided that the scope of Local Agency’s review of Subsequent Approvals shall be limited to a determination of compliance and consistency with the Project Approvals and any prior Subsequent Approvals and in the course of such review, Local Agency shall not apply criteria or standards that would conflict with the Project Approvals or prior Subsequent Approvals. Consequently, the Local Agency shall not use its authority to change the policy decisions reflected by the Project Approvals and this Agreement or otherwise to prevent, delay or modify development of the Project as contemplated by the Project Approvals. 9.4.2 Development applications for new development that require review and approval for consistency with the Development Plan and Design Guidelines shall be processed in accordance with the Plan Review Procedures attached hereto as Exhibit F. In the processing of Subsequent Approvals, the Local Agency may retain a third party permit review consultant having experience and ability to review the application. Such reviews shall be conducted in accordance with this Agreement, including the Plan Review Procedures in Exhibit F hereto. Landowner shall pay all applicable Processing Fees and reimburse the Local Agency issuing the applicable Subsequent Approval for the Local Agency’s actual costs incurred in the permit review and inspection process, including, but without duplication of reviews or costs, the costs of review and inspection processes by any third-party consultant, subject to Landowner’s right to dispute such costs by the procedure set forth in Section 18.2.3.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Subsequent Approvals. 9.4.1 Applications for Subsequent Approvals shall be processed by the Local Agency (and as may otherwise be agreed by Landowner and by City and County in any applicable City/County Agreements), and consistent with the Plan Review Procedures in Exhibit F, and the Subdivision Procedures in Exhibit I. Development of the Project is subject In order to discretionary and ministerial Subsequent Approvals in accordance with the Project Approvals. In considering, reviewing and acting on applications for Subsequent Approvals, the County shall apply the Existing County Land Use Regulations and, upon annexation, the City shall apply the Existing City Land Use Regulations, subject to any changes to Existing County Land Use Regulations or Existing City Land Use Regulations permitted or provided for under this Agreement. Notwithstanding the foregoing, in reviewing Subsequent Approvals, the Local Agency shall exercise its authority consistent with its customary practice, as modified by Exhibit F, Plan Review Processing, and Exhibit I, Subdivision Procedures, and provided that the scope of Local Agency’s review of Subsequent Approvals shall be limited to a determination of compliance and consistency with the Project Approvals and any prior Subsequent Approvals and in the course of such review, Local Agency shall not apply criteria or standards that would conflict with the Project Approvals or prior Subsequent Approvals. Consequently, the Local Agency shall not use its authority to change the policy decisions reflected by the Project Approvals and this Agreement or otherwise to prevent, delay or modify development of develop the Project as contemplated in this Development Agreement, the Project may require land use approvals, entitlements, development permits, and use and/or construction approvals other than those listed above in this Exhibit B, which may include, without limitation: development plans, conditional use permits, variances, subdivision approvals, street abandonments, design review approvals, demolition permits, improvement agreements, infrastructure agreements, grading permits, building permits, right of way permits, lot line adjustments, site plans, sewer and water connection permits, certificates of occupancy, parcel maps, lot splits, landscaping plans, master sign programs, transportation demand management programs, encroachment permits, and amendments thereto and to the Project Approvals (collectively, “Subsequent Approvals”). At such time as any Subsequent Approval applicable to the Property is approved by the City, then such Subsequent Approval shall become subject to all the terms and conditions of this Development Agreement applicable to Project Approvals.
9.4.2 Development applications for new development that require review Approvals and approval for consistency with the Development Plan and Design Guidelines shall be processed in accordance with the Plan Review Procedures attached hereto treated as Exhibit F. In the processing of Subsequent Approvals, the Local Agency may retain a third party permit review consultant having experience and ability to review the application“Project Approval” under this Development Agreement. Such reviews shall be conducted in accordance with this Agreement, including the Plan Review Procedures in Exhibit F hereto. Landowner shall pay all applicable Processing Fees and reimburse the Local Agency issuing the applicable Subsequent Approval Developer is seeking approvals for the Local Agency’s actual costs incurred Project features described below. Developer shall create shared parking garages and shared parking access reconfigurations in the permit review manner generally shown on the Site Development Plan. Developer shall provide wiring infrastructure to accommodate one (1) electric vehicle charging station for every fifty (50) cars. Developer shall make reasonable efforts to obtain State and inspection process, includingFederal funds for providing the equipment and power to enable vehicles to use the electric vehicle charging stations, but without duplication of reviews or costs, shall not be responsible for the costs of review power used for such charging stations. Developer or any subsequent owners may charge a fee for use of each vehicle charging device, or may relocate the location for such devices and inspection processes by spaces within the garage at any third-party consultant, subject to Landowner’s right to dispute such costs by the procedure set forth in Section 18.2.3time.
Appears in 1 contract
Samples: Development Agreement
Subsequent Approvals. 9.4.1 Applications for In order to develop the Project as contemplated in this Agreement, the Project will require land use approvals, entitlements, development permits, and use or construction approvals in addition to the Existing Approvals, which may include, without limitation: Site Development Reviews, administrative use permits, variances, subdivision approvals, street abandonments, demolition permits, improvement agreements, infrastructure agreements, grading permits, building permits, lot line adjustments, site plans, sewer and water connection permits, certificates of occupancy, parcel maps, lot splits, landscaping plans, master sign programs, transportation demand management programs, encroachment permits, and amendments thereto and to the Existing Approvals (collectively, “Subsequent Approvals Approvals”). At such time as any Subsequent Approval applicable to the Property is approved by City, such Subsequent Approval shall become subject to all terms and conditions herein and shall be processed by treated as a “Existing Approval” under this Agreement.
4.5.1 Scope of Review of Subsequent Approvals. By approving the Local Agency (and as may otherwise be agreed by Landowner and by Existing Approvals, City and County in any applicable City/County Agreements), and consistent with the Plan Review Procedures in Exhibit F, and the Subdivision Procedures in Exhibit I. Development of has made a final policy decision that the Project is subject to discretionary and ministerial Subsequent Approvals in accordance with the Project Approvals. In considering, reviewing and acting on applications for Subsequent Approvals, the County shall apply the Existing County Land Use Regulations and, upon annexation, the City shall apply the Existing City Land Use Regulations, subject to any changes to Existing County Land Use Regulations or Existing City Land Use Regulations permitted or provided for under this Agreement. Notwithstanding the foregoing, in reviewing Subsequent Approvals, the Local Agency shall exercise its authority consistent with its customary practice, as modified by Exhibit F, Plan Review Processing, and Exhibit I, Subdivision Procedures, and provided that the scope of Local Agency’s review of Subsequent Approvals shall be limited to a determination of compliance and consistency with the Project Approvals and any prior Subsequent Approvals and in the course best interests of such reviewthe public health, Local Agency shall not apply criteria or standards that would conflict with the Project Approvals or prior Subsequent Approvalssafety and general welfare. ConsequentlyAccordingly, the Local Agency City shall not use its authority in considering any application for a discretionary Subsequent Approval to change the policy decisions reflected by the Project Existing Approvals and this Agreement or otherwise to prevent, prevent or delay or modify development of the Project as contemplated by the Project Approvals.
9.4.2 Development applications for new development that require review and approval for consistency with the Development Plan and Design Guidelines shall be processed in accordance with the Plan Review Procedures attached hereto as Exhibit F. In the processing of Subsequent Approvals, the Local Agency may retain a third party permit review consultant having experience and ability to review the application. Such reviews shall be conducted in accordance with this Agreement, including the Plan Review Procedures in Exhibit F hereto. Landowner shall pay all applicable Processing Fees and reimburse the Local Agency issuing the applicable Subsequent Approval for the Local Agency’s actual costs incurred in the permit review and inspection process, including, but without duplication of reviews or costs, the costs of review and inspection processes by any third-party consultant, subject to Landowner’s right to dispute such costs by the procedure set forth in Section 18.2.3the Existing Approvals. Instead, the Subsequent Approvals shall be deemed to be tools to implement those final policy decisions. The scope of the review of applications for Subsequent Approvals shall be limited to a review of substantial conformity with the Existing Approvals and Applicable Rules, and compliance with CEQA.
Appears in 1 contract
Samples: Development Agreement
Subsequent Approvals. 9.4.1 Applications for Subsequent Approvals shall be processed by the Local Agency (and as may otherwise be agreed by Landowner and by with City and County in any applicable City/County Agreements), and consistent with the Plan Review Procedures in Exhibit F, and the Subdivision Procedures in Exhibit I. Development of the Project is subject to discretionary and ministerial Subsequent Approvals in accordance with the Project Approvals. In considering, reviewing and acting on applications for Subsequent Approvals, the County shall apply the Existing County Land Use Regulations and, upon annexation, the City shall apply the Existing City Land Use Regulations, subject to any changes to Existing County Land Use Regulations or Existing City Land Use Regulations permitted or provided for under this Agreement. Notwithstanding the foregoing, in reviewing Subsequent Approvals, the Local Agency shall exercise its authority consistent with its customary practice, as modified by Exhibit F, Plan Review Processing, and Exhibit I, Subdivision Procedures, and provided that the scope of Local Agency’s review of Subsequent Approvals shall be limited to a determination of compliance and consistency with the Project Approvals and any prior Subsequent Approvals and in the course of such review, Local Agency shall not apply criteria or standards that would conflict with the Project Approvals or prior Subsequent Approvals. Consequently, the Local Agency shall not use its authority to change the policy decisions reflected by the Project Approvals and this Agreement or otherwise to prevent, delay or modify development of the Project as contemplated by the Project Approvals.
9.4.2 Development applications for new development that require review and approval for consistency with the Development Plan and Design Guidelines shall be processed in accordance with the Plan Review Procedures attached hereto as Exhibit F. In the processing of Subsequent Approvals, the Local Agency may retain a third party permit review consultant having experience and ability to review the application. Such reviews shall be conducted in accordance with this Agreement, including the Plan Review Procedures in Exhibit F hereto. Landowner shall pay all applicable Processing Fees and reimburse the Local Agency issuing the applicable Subsequent Approval for the Local Agency’s actual costs incurred in the permit review and inspection process, including, but without duplication of reviews or costs, including the costs of review and inspection processes by any third-party consultant, subject to LandownerXxxxxxxxx’s right to dispute such costs by the procedure set forth in Section 18.2.3.
Appears in 1 contract
Samples: Development Agreement
Subsequent Approvals. 9.4.1 Applications for Subsequent Approvals shall be processed by the Local Agency (and as may otherwise be agreed by Landowner and by City and County in any applicable City/County Agreements), and consistent with the Plan Review Procedures in Exhibit F, and the Subdivision Procedures in Exhibit I. Development of the Project is subject to discretionary and ministerial Subsequent Approvals in accordance with the Project Approvals. In considering, reviewing and acting on applications for Subsequent Approvals, the County shall apply the Existing County Land Use Regulations and, upon annexation, the City shall apply the Existing City Land Use Regulations, subject to any changes to Existing County Land Use Regulations or Existing City Land Use Regulations permitted or provided for under this Agreement. Notwithstanding the foregoing, in reviewing Subsequent Approvals, the Local Agency shall exercise its authority consistent with its customary practice, as modified by Exhibit F, Plan Review Processing, and Exhibit I, Subdivision Procedures, and provided that the scope of Local Agency’s review of Subsequent Approvals shall be limited to a determination of compliance and consistency with the Project Approvals and any prior Subsequent Approvals and in the course of such review, Local Agency shall not apply criteria or standards that would conflict with the Project Approvals or prior Subsequent Approvals. Consequently, the Local Agency shall not use its authority to change the policy decisions reflected by the Project Approvals and this Agreement or otherwise to prevent, delay or modify development of the Project as contemplated by the Project Approvals.
9.4.2 Development applications for new development that require review and approval for consistency with the Development Plan and Design Guidelines shall be processed in accordance with the Plan Review Procedures attached hereto as Exhibit F. In the processing of Subsequent Approvals, the Local Agency may retain a third party permit review consultant having experience and ability to review the application. Such reviews shall be conducted in accordance with this Agreement, including the Plan Review Procedures in Exhibit F hereto. Landowner shall pay all applicable Processing Fees and reimburse the Local Agency issuing the applicable Subsequent Approval for the Local Agency’s actual costs incurred in the permit review and inspection process, process including, but without duplication of reviews or costs, the costs of review and inspection processes by any third-party consultant, subject to LandownerXxxxxxxxx’s right to dispute such costs by the procedure set forth in Section 18.2.3.
Appears in 1 contract
Samples: Development Agreement
Subsequent Approvals. 9.4.1 Applications for In order to develop the Project as contemplated in this Development Agreement, the Project may also require other land use approvals, entitlements, development permits, and use and/or construction approvals other than those listed in Exhibit G, which may include, without limitation: development plans, conditional use permits, variances, subdivision approvals, street abandonments, design review approvals, demolition permits, improvement agreements, infrastructure agreements, grading permits, partial building permits, building permits, right-of-way permits, lot line adjustments, site plans, sewer and water connection permits, certificates of occupancy, parcel maps, lot splits, landscaping plans, master sign programs, transportation demand management programs, encroachment permits, and amendments thereto and to the Project Approvals (collectively, “Subsequent Approvals”). At such time as any Subsequent Approval applicable to the Property is approved by the City, then such Subsequent Approval shall become subject to all the terms and conditions of this Development Agreement applicable to Project Approvals and shall be processed by the Local Agency (and treated as may otherwise be agreed by Landowner and by a “Project Approval” under this Development Agreement. City and County in any applicable City/County Agreements)will accept, make completeness determinations, and consistent with process promptly and diligently to completion all applications for subsequent approvals for the Plan Review Procedures in Exhibit FProject, and the Subdivision Procedures in Exhibit I. Development of the Project is subject to discretionary and ministerial Subsequent Approvals in accordance with the Project Approvals. In consideringterms of this Development Agreement including, reviewing and acting on applications for Subsequent Approvalsbut not limited to, the County shall apply the Existing County Land Use Regulations and, upon annexation, the City shall apply the Existing City Land Use Regulations, subject to any changes to Existing County Land Use Regulations or Existing City Land Use Regulations permitted or provided for under this Agreement. Notwithstanding the foregoing, in reviewing Subsequent Approvals, the Local Agency shall exercise its authority consistent with its customary practice, as modified by Exhibit F, Plan Review Processing, and Exhibit I, Subdivision Procedures, and provided that the scope of Local Agency’s review of Subsequent Approvals shall be limited to a determination of compliance and consistency with the Project Approvals and any prior Subsequent Approvals and in the course of such review, Local Agency shall not apply criteria or standards that would conflict with the Project Approvals or prior Subsequent Approvals. Consequently, the Local Agency shall not use its authority to change the policy decisions reflected by the Project Approvals and this Agreement or otherwise to prevent, delay or modify development of the Project as contemplated by the Project Approvals.following:
9.4.2 Development applications for new development that require review and approval for consistency with the Development Plan and Design Guidelines shall be processed in accordance with the Plan Review Procedures attached hereto as Exhibit F. In (a) the processing of applications for and issuance of all discretionary approvals requiring the exercise of judgment and deliberation by City, including without limitation, the Subsequent Approvals, ;
(b) the Local Agency may retain a third party permit review consultant having experience holding of any required public hearings; the processing of applications for and ability to review issuing of all ministerial approvals requiring the application. Such reviews shall be conducted in accordance determination of conformance with this Agreement, including the Plan Review Procedures in Exhibit F hereto. Landowner shall pay all applicable Processing Fees and reimburse the Local Agency issuing the applicable Subsequent Approval for the Local Agency’s actual costs incurred in the permit review and inspection processApplicable Rules, including, but without duplication limitation, grading plans, improvement plans, building plans and specifications, and ministerial issuance of reviews one or costsmore final maps, the costs demolition permits, grading permits, wall permits, building permits, encroachment permits, and certificates of review use and inspection processes by any third-party consultant, subject to Landowner’s right to dispute such costs by the procedure set forth in Section 18.2.3occupancy (“Ministerial Approvals”).
Appears in 1 contract
Samples: Development Agreement
