Subsequent Project Approvals. 1. The Parties acknowledge that Development of the Project will require Subsequent Project Approvals. The Project shall remain subject to all Subsequent Project Approvals required to complete the Project, including but not limited to: tentative maps, parcel maps, conditional use permits, PUD permits, development review and Minor Amendments to Specific Plan as defined in Section 14.3.1 of the Specific Plan.
2. Except as otherwise provided in Section 3.9.5, the City, in acting on Subsequent Project Approvals, shall apply the Project Approvals. Except as specifically set forth herein, this Development Agreement shall not prevent the City from denying or conditionally approving any Subsequent Project Approval on the basis of the Project Approvals. This Development Agreement shall not limit in any manner the discretion that the City has under the Project Approvals and CEQA or other applicable state or federal laws or regulations to impose development conditions and mitigation measures on Subsequent Project Approvals. Notwithstanding the foregoing or anything in this Development Agreement to the contrary, to the extent the terms and provisions of this Development Agreement are in conflict with any Subsequent Project Approvals, subdivision agreement, or general or specific conditions of approval, the terms of this Development Agreement shall prevail and control.
3. Notwithstanding any other provision of this Development Agreement, City shall grant no Subsequent Project Approvals within the Specific Plan until:
a. The Greenbelt boundary has been amended by the Vacaville-Xxxxxxxxx-Xxxxxx Greenbelt Authority consistent with the boundary shown in Exhibit 5, provided that the Greenbelt Authority is in existence at the time of annexation; and
b. Project Area has been annexed to City consistent with the boundary shown in Exhibit 4.
Subsequent Project Approvals. Certain subsequent land use approvals, entitlements, and permits other than the Existing Approvals, will be necessary or desirable for implementation of the Project (“Subsequent Project Approvals”). The Subsequent Project Approvals may include, without limitation, the following: amendments of the Existing Approvals, grading permits, building permits, sewer and water connection permits, certificates of occupancy, lot line adjustments, site plans, development plans, land use plans, building plans and specifications, parcel maps and subdivision maps, and any amendments to, or repealing of, any of the foregoing. Except as otherwise expressly provided herein, the City shall not impose requirements or conditions upon Project development and construction that are inconsistent with the Existing 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 Project 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 Existing Approvals.
Subsequent Project Approvals. Except as may be otherwise agreed to by the Parties, no amendment of this Agreement shall be required in connection with the issuance of any Subsequent Project Approval. Any Subsequent Project Approval issued after the Effective Date of this Agreement automatically shall become Project Approvals and be vested hereby, without requiring an amendment to this Agreement.
Subsequent Project Approvals. Developer and City acknowledge and agree that Developer intends to submit applications for Subsequent Project Approvals, as defined herein. In connection with any Subsequent Project Approval, the City shall conduct its review as set forth in the Master Plan and exercise its discretion in accordance with Applicable Law, the Project Approvals and, as provided by this Development Agreement.
Subsequent Project Approvals. City shall accept for processing, review and action all applications for Subsequent Project Approvals, and City staff shall use their reasonable efforts to process such applications in an expeditious manner, taking into account City’s staffing levels, and all requisite development fees shall be calculated and paid at such time as payment for such fees is due and payable, for all or a portion of the Property. City further agrees that, unless otherwise requested by Owner, it shall not, without good cause as provided in this Agreement, amend or rescind any Subsequent Project Approvals respecting the Property after City has granted the same.
Subsequent Project Approvals. Subsequent to approval of this Agreement, County anticipates that applications for additional approvals, entitlements, and permits related to the development and operation of the Project as defined but not limited to the CUP Resolution and Resource Management Plan will be submitted to implement and operate the Project (the “Subsequent Project Approvals”).
Subsequent Project Approvals. Certain subsequent land use approvals, entitlements, and permits other than the Existing Approvals, will be necessary or desirable for implementation of the Project (“Subsequent Project Approvals”). The Subsequent Project Approvals may include, without limitation, the following: amendments of the Existing Approvals, grading permits, building permits, sewer and water connection permits, certificates of occupancy, lot line adjustments, site plans, development plans, land use plans, building plans and specifications, parcel maps and/or subdivision maps, design review, demolition permits, improvements agreements, encroachment permits and any amendments to, or repealing of, any of the foregoing. With respect to design review approvals, Developer acknowledges and agrees that Project design and materials will need to meet high-quality urban design standards. City’s review of applications for design review of particular elements or phases of the Project shall be in accordance with the Existing Approvals (including this Agreement) and the Applicable City Regulations.
Subsequent Project Approvals. Developer shall submit applications for any and all Subsequent Project Approvals as necessary to develop the Project, subject to the
(a) Subsequent Project Approvals contemplated for the Project include:
(1) Any required permits from agencies other than City.
(2) Grading and Building Permits.
(3) Certificates of Occupancy.
Subsequent Project Approvals. Developer and City acknowledge and agree that Developer intends to submit applications for Subsequent Project Approvals. In connection with any Subsequent Project Approval, City shall exercise its discretion in accordance with Applicable City Law, the Project Approvals, this Agreement and the rights vested in Developer by this Agreement, including construction, occupancy and use of the vested development. Any conditions, terms, restrictions and requirements for subsequent discretionary actions imposed or required by City, including those provided for herein, shall not prevent development of the Property for the uses and to the density or intensity of development set forth in this Agreement. City agrees that it will act on all applications for Subsequent Project Approvals as expeditiously as is reasonably feasible, consistent with Applicable City Law and the City’s standard custom and practice.
Subsequent Project Approvals. Developer and City acknowledge and agree that Developer intends to submit applications for Subsequent Project Approvals, including both Subsequent Ministerial Approvals and Subsequent Discretionary Approvals. In connection with any Subsequent Project Approval, the City shall exercise its discretion in accordance with Applicable Law, the Project Approvals and, as provided by this Agreement, including the reservations of authority set forth in Section 2.4. Notwithstanding the foregoing, City shall not deny or unreasonably delay any Subsequent Project Approval that is necessary or desirable to the exercise of the rights vested in Developer by this Agreement, including, but not limited to, construction, occupancy and use of the vested development. Any conditions, terms, restrictions and requirements for subsequent discretionary actions imposed or required by City, including those provided for herein, shall not prevent development of the Property for the uses and to the density or intensity of development set forth in this Agreement.
