Subsequent Discretionary Approvals. The Developer’s vested right to develop pursuant to this Agreement may be subject to subsequent discretionary approvals for portions of the Project. In reviewing and acting upon these subsequent discretionary approvals, and except as set forth in this Agreement, the City shall not impose any conditions that preclude the development of the Project for the uses or the density and intensity of use set forth in this Agreement. Any subsequent discretionary approvals, except conditional use permits, shall become part of the Project Approvals once approved and after all appeal periods have expired or, if an appeal is filed, if the appeal is decided in favor of the approval. The known subsequent approvals are set forth on Exhibit D, attached hereto and incorporated herein. In reviewing and approving applications for subsequent discretionary approvals, the City may exercise its discretionary review and may attach such conditions and requirements as may be deemed necessary or appropriate to carry out the policies, goals, standards and objectives of the General Plan and to comply with legal requirements and policies of the City pertaining to such reserved discretionary approvals, so long as such conditions and requirements do not preclude the uses or the density and intensity of use set forth in this Agreement. Pursuant to California Government Code section 66452.6(a) the term of any parcel map or tentative subdivision map shall automatically be extended for the term of this Agreement. Design review approvals (including Final Planned Development approvals) are subject to review pursuant to the procedures as set forth in Chapter 40 of the City’s Municipal Code, and shall remain in effect for the term of the Agreement. Conditional Use Permits may be reviewed and approved by the City during the term of this Agreement. However, these permits shall not "vest" under this Agreement and will terminate if not used, as set forth in the City’s Municipal Code, including its Zoning Ordinance. The term of any conditional use permit shall be determined by the City's Zoning Regulations or the conditions of approval of the conditional use permit but shall not be extended by reason of this Agreement.
Subsequent Discretionary Approvals. City shall permit Stanford to construct, carry out, complete, occupy and use the development vested by this Agreement subject to any express conditions precedent to any such action contained in this Agreement and otherwise subject to the terms of the Agreement. City shall not deny or unreasonably delay any Discretionary Action or Subsequent Approval that is necessary or desirable to the exercise of the rights vested in Stanford by this Agreement, including, but not limited to, construction, occupancy and use of the vested development. Any conditions, terms, restrictions, and requirements for subsequent discretionary actions imposed or required by City, including those provided for herein, shall not prevent development of the land for the uses and to the density or intensity of development set forth in the Agreement. Except as provided in Section 7 or 8 below, City shall not apply any Subsequent Rule that creates a requirement for any additional subsequent Discretionary Action or Subsequent Approval, other than ministerial approval, applicable to the Designated Projects or the Housing or Housing Sites.
