Common use of Subsequent Development Review Clause in Contracts

Subsequent Development Review. The City shall not require Developer to obtain any approvals or permits for the development of the Project in accordance with this Agreement other than those permits or approvals that are required by the Applicable Rules, the Reserved Powers and/or the Project Approvals. However, any subsequent Discretionary Action initiated by Developer, which substantially changes the permitted uses or substantially increases the height, density or floor area allowed under the Project Approvals, shall be subject to the rules, regulations, ordinances and official policies of the City then in effect; provided, however, that no such subsequent Discretionary Action, when approved, will constitute grounds for the termination of this Agreement or otherwise affect the enforceability of this Agreement with respect to the development of the Property hereunder. The Parties agree that this Agreement does not modify, alter or change the City’s obligations pursuant to CEQA and acknowledge that future Discretionary Actions may require additional environmental review pursuant to CEQA.‌ In the event that additional environmental review is required by CEQA, the City agrees to utilize tiered environmental documents to the fullest extent permitted by law, as determined by the City, and as provided in California Public Resources Code Sections 21093 and 21094.

Subsequent Development Review. The City shall not require Developer Property Owner to obtain any approvals or permits for the development of the Project in accordance with this Agreement other than those permits or approvals that are required by the Applicable Rules, the Reserved Powers and/or the Project Approvals. However, any subsequent Discretionary Action initiated by DeveloperProperty Owner, which substantially changes the permitted uses or substantially increases the height, and density or floor area allowed under the Project Approvals, shall be subject to the rules, regulations, ordinances and official policies of the City then in effect; provided, however, that no such subsequent Discretionary Action, when approved, will constitute grounds for the termination of this Agreement or otherwise affect the enforceability of this Agreement with respect to the development of the Property hereunder. The Parties agree that this Agreement does not modify, alter or change the City’s obligations pursuant to CEQA and acknowledge that future Discretionary Actions may require additional environmental review pursuant to CEQA.‌ CEQA. In the event that additional environmental review is required by CEQA, the City agrees to utilize tiered environmental documents to the fullest extent permitted by law, as determined by the City, and as provided in California Public Resources Code Sections 21093 and 21094.

Subsequent Development Review. The City shall not require Developer to obtain any approvals or permits for the development of the Project in accordance with this Agreement other than those permits or approvals that which are required by the Applicable Rules, the Reserved Powers and/or the Project Approvals. However, any Any subsequent Discretionary Action initiated by Developer, Developer which substantially changes the permitted uses or substantially increases the height, density or floor area entitlements allowed under the Project Approvals, shall be subject to the rules, regulations, ordinances and official policies of the City then in effect; provided, however, . A substantial change to the entitlements allowed under the Project Approvals that no such would require subsequent Discretionary ActionAction(s) include: (a) a net increase in the amount of Project square footage, when approved, will constitute grounds for the termination building heights and/or expansion of this Agreement or otherwise affect the enforceability of this Agreement with respect building footprints (referred to the development of the Property hereunderas “Substantial Project Changes”). The Parties parties agree that this Agreement does not modify, alter or change the City’s obligations pursuant to CEQA and acknowledge that future Discretionary Actions may require additional environmental review pursuant to CEQA.‌ CEQA. In the event that additional environmental review is required by CEQA, the City agrees to utilize tiered environmental documents to the fullest extent permitted by law, as determined by the City, and as provided in California Public Resources Code Sections 21093 and 21094.