Subsequent Approvals Clause Samples

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 an...

Subsequent Approvals. In order to 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 D, 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 and shall be treated as a “Project Approval” under this Development Agreement.

Subsequent Approvals. This Agreement shall not prevent City, in acting on Subsequent Approvals, and to the same extent it would otherwise be authorized to do so absent this Agreement, from applying subsequently adopted or amended Land Use Regulations that do not materially conflict with this Agreement.

Subsequent Approvals. Once Landowner submits any application for a Subsequent Approval, the City shall cooperate and diligently work to promptly process and consider such application, and shall apply only City Applicable Law and any applicable state or federal laws. The City shall retain its discretionary authority in its consideration of any and all such Subsequent Approvals that involve discretionary decisions; provided, however, such consideration shall be regulated solely by City Applicable Law, any applicable state or federal law, this Development Agreement, and the Macerich Development Agreement.

Subsequent Approvals. In reviewing and acting on applications for Subsequent Approvals, the City shall apply the City Approvals and the Existing Land Use Regulations when considering the application and may attach such conditions as necessary to comply with the City Approvals and Existing Land Use Regulations. Applications for Subsequent Approvals shall be processed diligently in good faith by the City and considered in a manner consistent with the rights granted by this Agreement and City Law. With the City Approvals, the City has made a final policy decision that development of the Property and the Project areis consistent with the City Approvals and are in the best interests of the public health, safety, and general welfare. Nothing herein shall limit the ability of the City to require the necessary reports, analysis, or studies to assist in determining whether the requested Subsequent Approval is consistent with the City Approvals, City Law and this Agreement. City's City’s review of the Subsequent Approvals shall be consistent with this Agreement, including, without limitation, Section 11 of this Agreement. To the extent that is consistent with CEQA, as determined by the City in its reasonable discretion, the City shall utilize the Environmental Impact Report No. 12-0 I, certified on November 13, 2013, to review the environmental effects of theSubsequent Approvals. Any conditions, terms, restrictions, or requirements imposed by the City on the Subsequent Approvals shall not prevent development of the Property for the uses and to the density of development included in the City Approvals.

Subsequent Approvals. The City’s approval of a transaction described in § 7.1 in one instance does not constitute approval of any subsequent transaction subject to such section.

Subsequent Approvals. The Parties recognize and acknowledge that certain other land use approvals, entitlements, and permits other than the Project Approvals are necessary or desirable for the Project (collectively, the "Subsequent Approvals"). In particular, the Parties contemplate that Developer will seek approvals for subdivision maps, use permits, and building and grading permits. The Subsequent Approvals may also include, without limitation, the following: amendments of the Project Approvals, design review approvals, improvement agreements, use permits, grading permits, building permits, lot line adjustments, sewer and water connection permits, certificates of occupancy, subdivision maps, re-zonings, development agreements, permits, re-subdivisions, and any amendments to, or repealing of, any of the foregoing. 19.2.1. Developer acknowledges that Town cannot process Subsequent Approvals unless and until Developer submits complete applications on a timely basis. Developer shall use its best efforts to (1) provide to Town in a timely manner any and all documents, applications, plans, and other information necessary for Town to carry out its obligations hereunder; and (2) cause Developer's planners, engineers, and all other consultants to provide to Town in a timely manner all such documents, applications, plans and other necessary required materials as set forth in the applicable Town Law. 19.2.2. Town may approve an application for such a Subsequent Approval subject to any conditions necessary to bring the Subsequent Approval into compliance with this Agreement or Applicable Law, or as necessary to make this Subsequent Approval consistent with the Project Approvals.

Subsequent Approvals. The City’s approval of a transaction described in this Article in one instance shall not render unnecessary approval of any subsequent transaction.

Subsequent Approvals. Any Ministerial or Discretionary action by CITY to implement the Development Plan after the Effective Date that is necessary or desirable to implement LANDOWNER’s Vested Rights under this Agreement, that are not set out as a Project Entitlement as defined herein and described in Exhibit C.