Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the Development: a. Processing fees and charges of every kind and nature imposed by City generally to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals. b. Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matters of procedure. c. Changes adopted by the City Council in the California Building Code, California Residential Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, or California Electrical Code, California Green Building Standards Code, California International Property Maintenance Code, California Energy Code, California Historical Building Code, California Existing Building Code, Uniform Housing Code, California Administrative Code and Uniform Code for the Abatement of Dangerous Buildings and similar uniform codes as required by and in accordance with State law. d. Rules, regulations and official policies governing permitted uses of the land, density, and design, improvement, and construction standards and specifications existing after the Effective Date that are not in conflict with the Development Approvals and this Agreement. A “conflict” shall exist if, among other things, a rule, regulation or policy is adopted which alters the rate, type, manner, density, timing or sequencing of the Development. e. Rules, regulations and official policies governing permitted uses of the land, density, and design, improvement, and construction standards and specifications existing after the Effective Date that are in conflict with the Development Approvals, provided Developer has given written consent to the application of the rules, regulations and policies to the Development. f. Federal, state, county and multi-jurisdictional laws and regulations that City is required to enforce as against the Property or the Development, whether or not the laws and regulations are in conflict with the Development Approvals. g. Notwithstanding anything to the contrary in this Agreement, and subject to Section 5 below regarding fees, taxes, assessments and mitigation measures, City may apply City regulations (including amendments to the Land Use Regulations) adopted by City after the Effective Date, in connection with any Subsequent Development Approvals, or deny or impose conditions of approval on any Subsequent Development Approvals, if City determines that City’s failure to make such application or to deny or impose conditions of approval on any Subsequent Development Approvals would place the residents or occupants of the Property or City’s residents, or both, in a condition adverse to their safety or health, or both.
Appears in 2 contracts
Sources: Development Agreement, Development Agreement
Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the Development:
a. 4.2.1.1 Processing fees and charges of every kind and nature imposed adopted by City generally pursuant to cover the estimated actual state law for costs related to City City’s processing of processing applications for Subsequent Development Approvals.Project Approvals.
b. 4.2.1.2 Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals appeals, and any other matters of procedure.
c. 4.2.1.3 Changes adopted by the City Council in the California Building Code, California Residential Historic Building Code, California Fire Existing Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Mechanical Code, or California Electrical Energy Code, California Green Building Standards Code, California Referenced Standards Code, California Residential Code, International Property Maintenance Code, California Energy Code, California Historical Building Code, California Existing Building Code, Uniform Housing Code, California Administrative Code and Uniform Code for the Abatement of Dangerous Buildings and similar uniform codes as required by and in accordance with State the authority granted to City under state law.
d. Rules4.2.1.4 Except as otherwise authorized in this Section 4.2.1, regulations and official policies governing permitted uses of the land, density, and design, improvement, and construction standards and specifications existing after the Effective Date that are not in conflict with the Development Project Approvals and this Agreement. A “conflict” Regulations shall exist ifbe deemed in conflict with the Project Approvals or this Agreement if the Regulations:
(i) alter or change any land use, among other thingsincluding permitted or conditional uses, a rule, regulation or policy is adopted which alters the rate, type, manner, density, timing or sequencing of the DevelopmentProperty from that permitted under this Agreement and the Applicable Regulations; (ii) limit or reduce the height or bulk of any structures of the Project from that permitted under this Agreement and the Applicable Regulations; (iii) limit or reduce the density or intensity of the Project from that permitted under this Agreement and the Applicable Regulations; (iv) except as provided in this Agreement, materially increase (by an amount greater than 15%) the cost of performance of, or preclude compliance with, any provision of the Applicable Regulations or Project Approvals;
(v) limit or restrict the availability of public utilities, services, infrastructure or facilities to the Project; or (vi) require the issuance of additional permits or approvals by the City other than those required by the Applicable Regulations.
e. Rules, regulations and official policies governing permitted uses of the land, density, and design, improvement, and construction standards and specifications existing after the Effective Date 4.2.1.5 Regulations that are in conflict with the Development Approvals, Project Approvals provided Developer Owner has given written consent to the application of the rules, such regulations and policies to the Development.Development.
f. 4.2.1.6 Federal, state, county county, and multi-jurisdictional laws and regulations that City is required to enforce as against preempt local regulations, or mandate the Property or the Developmentadoption of local regulations, whether or not the laws and regulations are in conflict with the Development Project Approvals.
g. Notwithstanding anything to the contrary in this Agreement, and subject to Section 5 below regarding fees, taxes, assessments and mitigation measures, City may apply City regulations (including amendments to the 4.2.1.7 Subsequent Land Use Regulations) Regulations adopted by City after the Effective Date, in connection with any Subsequent Development Project Approvals, necessary to protect the imminent safety or deny health, or impose conditions both, of approval on any Subsequent Development Approvals, if City determines that City’s failure to make such application or to deny or impose conditions of approval on any Subsequent Development Approvals would place the residents or occupants of the Property or City’s residentsProperty, or both, in a condition adverse to their safety the residents or healthpeople of City, or both.
Appears in 1 contract
Sources: Development Agreement