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Last modified
1/3/2012 1:03:27 PM
Creation date
6/26/2003 10:08:08 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2031
Date
11/6/1989
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250 5 <br /> <br />13. Vesting of Development Rights. <br /> <br /> (a) General Statement. As a material inducement to <br />Developer to continue with diligent efforts to promote the <br />development of the Property, the City desires to cause all <br />development rights which may be required to develop the <br />Property with buildings and related improvements consistent <br />with the SD to be deemed vested in Developer for the benefit <br />of the Property, as of the Effective Date of this Agreement, <br />to the fullest extent permitted by law, and to eliminate all <br />rights of the City or any body or agency thereof to impose <br />on the Project(s) any subsequent ordinances, rules, <br />regulations, policies, or moratoriums which are inconsistent <br />with the terms of this Agreement. Notwithstanding the <br />foregoing, nothing set forth in this Agreement shall be <br />deemed to require Developer to complete the Project(s). <br /> <br /> (b) Vesting of Development Rights. Developer is <br />hereby authorized and vested with the right to subdivide and <br />construct works of improvement upon the Property in <br />compliance with the density, intensity, height, size, <br />access, parking and other components of the SD. <br /> <br /> (c) Existing Rules to Govern. In a.ccordance with the <br />terms of Government Code Section 65866, the City and <br />Developer agree that the ordinances, rules, regulations and <br />official policies of the City, including the SD (collec- <br />tively, the "Existing Development Regulations") in effect as <br />of the Effective Date of this Agreement governing the <br />design, density, permitted land uses, improvement and <br />construction standards applicable to the Project(s) shall <br />govern during the Term of this Agreement. Except as <br />otherwise provided in this Agreement, no amendment to or <br />revision of, or addition to any of the Existing Development <br />Regulations without Developer's prior written approval, <br />whether adopted or approved by the City Council or any <br />office, board, commission or other Agency of the City, or by <br />the people of the City through charter amendment, referendum <br />or initiative measure or other vote, shall be effective or <br />enforceable by the City with respect to the Project(s), its <br />design, grading, construction, remodeling, use or occupancy, <br />or schedule of development. <br /> <br /> (d) Definition of "Existing Development Resula- <br />tions". As used herein, "Existing Development Regulations" <br />shall not include municipal ordinances, rules, regulations <br />and policies which do not conflict with Developer's vested <br />rights to develop and use the Property in accordance with <br />the SD, the General Plan Amendment, the Tentative Map and <br />this Agreement. Developer and its successors and assigns <br />and all persons and entities in occupation of any portion of <br /> <br />- 11 <br /> <br /> <br />
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