NS-3087 - Village Specific Plan (1561 W. Sunflower Ave)

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3. DEVELOPMENT OF THE PROPERTY. 3.1. Rights to Develop. Subject to the terms of this Agreement, including the Reservation of Rights in Section 3.3 below,Owner shall have a vested right to develop the Property in accordance with, and to the extent of,this Agreement, and the Project Approvals,and the Development Plan for the duration of the Term. Owner may proceed with demolition permits prior to pulling building permits provided Owner has provided proof of financing for that portion of the Project that demolition permits are being sought for. From the commencement of demolition until issuance of the Certificate of Occupancy,Owner shall ensure that the Property is secured and that all construction walls are maintained in a good condition and repair with no graffiti. 3.1.1. Except as expressly provided otherwise herein,the Project shall remain subject to all Existing Land Use Regulations and Project Approvals for the Term.Except as otherwise provided in this Agreement,and notwithstanding the authority of the City to further revise the Land Use Regulations pursuant to Government Code Section 65866,the permitted uses of the Property,the density and intensity of use,the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Existing Land Use Regulations and Project Approvals. 3.1.2. In accordance with Government Code Section 66452.6(a), any subdivision map approved which relates to all or a portion of the Property shall be extended for the greater of(i) the Term of this Agreement or(ii)expiration of the tentative map pursuant to Section 66452.6. 3.1.3. Owner shall comply with all mitigation measures required to be undertaken pursuant to any document prepared in compliance with the California Environmental Quality Act with respect to the Project. 3.1.4. Notwithstanding Section 3.1.1 above,Owner acknowledges and agrees that the Project requires additional Project Approvals(the Future Project Approvals identified in Section 1.1.17). These Future Project Approvals shall be consistent with the Existing Project Approvals and this Agreement as to the permitted uses of the Property,the density and intensity of use,the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes; however,the Future Project Approvals may include additional conditions that are lawful and appropriate to the type of Project Approval. 3.2. Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement,including the Reservation of Rights in Section 3.3 below,the rules, regulations and official policies governing, inter alia,permitted uses and Development of the Property,the density and intensity of use and of the Property,the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property,shall be the Existing Land Use Regulations and Project Approvals. In connection with any subsequent Project Approvals and except as specifically provided otherwise herein, City may exercise its discretion as set forth in Section 3.3.2. 3.2.1. City shall reasonably strive to complete: (a) its initial review of individual development projects within 30 days after the application is deemed complete, Ordinance No. NS-3087 Page 18 of 41