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FULL PACKET_2016-02-16
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FULL PACKET_2016-02-16
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2/11/2016 3:50:48 PM
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City Clerk
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Agenda Packet
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Clerk of the Council
Date
2/16/2016
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conditions of the Applicable Rules and the Reserved <br />Powers. <br />5.1.2 Non - Application of Changes in Applicable Rules. Any <br />change in, or addition to, the Applicable Rules, including, <br />without limitation, any change in the General Plan, zoning <br />ordinance, subdivision ordinance, or building regulation <br />adopted or becoming effective after the Effective Date, <br />including, without limitation, any such change by means of <br />ordinance, initiative, referendum, resolution, motion, policy, <br />order or moratorium, initiated or instituted for any reason <br />whatsoever, however denominated, and adopted by the <br />City Council, Planning Commission or any City Agency, or <br />by the electorate, as the case may be, which would, absent <br />this Development Agreement, otherwise be applicable to <br />the Project and which would conflict with the Applicable <br />Rules, shall not be applied to the Project unless such <br />changes represent an exercise of the City's Reserved <br />Powers or are otherwise expressly allowed by this <br />Development Agreement. In the event that state or federal <br />laws or regulations enacted after this Development <br />Agreement has been entered into, prevent or preclude <br />compliance with one or more provisions of this <br />Development Agreement, such provisions of this <br />Development Agreement shall be modified or suspended as <br />may be necessary to comply with such state or federal <br />laws or regulations. <br />5.1.3 Agreed Changes and Other Reserved Powers. This <br />Development Agreement shall not preclude application to <br />the Project of rules, regulations, ordinances and officially <br />adopted plans and policies in conflict with the Applicable <br />Rules where such additional rules, regulations, ordinances <br />and officially adopted plans and policies: (a) are mutually <br />agreed to in writing by Owner and the City, or (b) result from <br />the Reserved Powers. <br />5.1A Subsequent Development Approvals. The City shall <br />require Owner to obtain only those Subsequent <br />Development Approvals that are required by the Applicable <br />Rules or the Reserved Powers. City agrees that it shall <br />condition any Subsequent Development Approvals based <br />only on the Applicable Rules and /or Reserved Powers. <br />5.1.5 Moratoria. In the event an ordinance, resolution or other <br />measure is enacted, whether by action of the City, by <br />initiative, or otherwise, which relates to the rate, amount, <br />11 A -29 <br />
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