SU0006201 - Laserfiche WebLink

Home Browse Search

2.5.4.Nothing herein shall be construed to limit the authority of the County in the exercise of its police power or pursuant to federal or state mandate to adopt and apply to the Developer and the development of the Property, codes, ordinances and regulations (a) which are of general application throughout the County and have the legal effect of protecting persons or property from conditions which create a health, safety or physical risk, or(b)which are specifically enacted to protect the persons in the Community, or any part thereof, from conditions dangerous to their health or safety. 2.5.5. Subject to the express fee limitations contained in Section 2.5.3., nothing herein shall be construed to limit the authority of the County in the exercise of its police power or pursuant to federal or state mandate to adopt and apply to the Developer and the development of the Property, codes, ordinances, regulations and official policies dealing with subjects not covered by the Existing Approvals or Existing Ordinances. 2.5.6. Codes, ordinances and regulations relating to building and construction standards or permits shall apply as in force and effect at the time of grant of each applicable building or construction permit. 2.5.7. The parties intend that, so long as this Agreement is in effect, the provisions of this Agreement shall govern and control as to the procedures and the terms and conditions applicable to the development of the Property over any contrary or inconsistent provisions contained in Section 66498.1 et seq. of the Government Code or any other State law now or hereafter enacted purporting to grant or vest development rights based on land use entitlements (herein "Other Vesting Statute"). In furtherance of this intent, and as a material inducement to the County to enter into this Agreement, the Developer agrees that: 2.5.7.A. Notwithstanding any provisions to the contrary in any Other Vesting Statute or this Agreement, the terms and conditions of the Existing Approvals and this Agreement shall govern and control the rights of Developer to develop the Property; 2.5.7.13. While this Agreement is in effect, the Developer waives the benefits of any Other Vesting Statute insofar as it may be inconsistent or in conflict with the terms and conditions of the Existing Approvals or this Agreement; and 2.5.7.C. While this Agreement is in effect, the Developer will not make application for a Development Permit under any Other Vesting Statute insofar as said application or the granting of the land use entitlement pursuant to said application would be inconsistent or in conflict with the terms and conditions of the Existing Approvals or this Agreement. 2.5.8. This Section 2.5. shall not be construed to limit the authority or obligation of the County to hold necessary public hearings, to limit discretion of the County or any of its officers or officials with regard to rules, regulations, ordinances, laws and entitlements of use which require the exercise of discretion by the County or any of its officers or officials, provided that subsequent discretionary actions shall not conflict with the terms and conditions of this W02-SF:FPD\61481145.2 -29-