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Page 34 of 48
<br />ARTICLE 9. SUBSEQUENT APPROVALS AND IMPLEMENTATION
<br />Section 9.1 Subsequent Approvals. Certain subsequent land use approvals,
<br />entitlements, agreements and permits other than the Project Approvals, will be necessary or
<br />desirable for implementation of the Project (“Subsequent Approvals”). The Subsequent
<br />Approvals may include, without limitation, the following: amendments to the Project Approvals,
<br />approval of the Purchase Agreement, vacation and abandonment of a portion of California Street
<br />and Public Easements, creation of the new Franklin Street Segment, approval and/or issuance of
<br />grading permits, building permits, tree removal permits, sewer and water connection permits,
<br />certificates of occupancy, lot line adjustments, site plans, development plans, land use plans,
<br />building plans and specifications, parcel maps, final maps and/or subdivision maps, design review,
<br />demolition permits, improvement agreements, encroachment permits, temporary special event
<br />permits, and any amendments to, or repealing of, any of the foregoing.
<br />Section 9.2 Scope of Review of Subsequent Approvals. City shall not use its authority
<br />in considering any application for a Subsequent Approval to change the policy decisions reflected
<br />in the Project Approvals and this Agreement. Instead, the scope of review of applications for
<br />Subsequent Approvals shall be limited to review of substantial conformity with the Project
<br />Approvals, Applicable City Regulations, and compliance with CEQA. City shall not impose
<br />conditions or exactions on Subsequent Approvals that exceed the requirements of, or are otherwise
<br />inconsistent with, the Project Approvals, except as expressly permitted by this Agreement or
<br />otherwise required by Applicable City Regulations. At such time as any Subsequent Approval
<br />applicable to the Property is approved by City, then such Subsequent Approval shall become
<br />subject to all the terms and conditions of this Agreement applicable to Project Approvals and shall
<br />be incorporated therein and treated as part of the “Project Approvals” as defined in Recital M in
<br />this Agreement.
<br />Section 9.3 Processing Applications for Subsequent Approvals.
<br /> A. Developer acknowledges that City cannot begin processing applications for
<br />Subsequent Approvals until Developer submits complete applications. Developer shall use diligent
<br />good faith efforts to provide to City in a timely manner any and all documents, applications, plans,
<br />and other information necessary for City to carry out its obligations hereunder, and cause
<br />Developer’s planners, engineers, and all other consultants to provide to City in a timely manner
<br />all such documents, applications, plans and other materials required under the Applicable City
<br />Regulations. It is the express intent of Developer and City to cooperate and diligently work to
<br />obtain any and all Subsequent Approvals.
<br /> B. Upon submission by Developer of all appropriate applications and
<br />Processing Fees for any pending Subsequent Approval, City shall, to the full extent allowed by the
<br />Applicable City Regulations, promptly and diligently, subject to City ordinances, policies and
<br />procedures regarding hiring and contracting, commence and complete all steps necessary to act on
<br />Developer’s currently pending Subsequent Approval applications including:
<br /> 1. Upon the written request of the Developer, providing at Developer’s
<br />sole cost and expense and subject to City’s ability to obtain such services, additional staff and/or
<br />ATTY/RESO.0024/PC RESO 901 EL CAMINO
<br />REV: 04-11-25 VR
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