Agmt99 Pacific Shores Center - Laserfiche WebLink

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and the adopted or modified Development Regulation or Building Regulation is not applicable to development of the Project. 6. Project Review and Approval Process. (a) The Planned Development Permit is the only planned development permit that City may require for the development of the Project on the Property. (b) No building construction (which term does not include earth movement or similar activities governed by grading permits) may commence on a Building Parcel or Accessory Building Pazcel until Pacific Shores has (i) recorded a final subdivision map which includes such Parcel and (ii) the Planning Commission of City has approved a Final Development Plan for that Parcel. The Final Development Plan must contain the information necessary to ensure that the construction conforms to the Existing Development Regulations, the Existing Approvals, and this Agreement, and approval or disapproval shall be based solely on such conformance. The fee for each Final Development Plan shall be the same as the fee for a planned development permit. Approval or disapproval of a Final Development Plan by the Planning Commission of City may be appealed to the City Council of City in the same fashion and subject to the same procedural requirements and fees for appeal to the City Council applicable to a planned development permit or amendment thereto under the Existing Development Regulations. Notwithstanding any provision of the Existing Development Regulations to the contrary, a Final Development Plan is not a planned development permit, the approval of the Final Development Plan is not the approval of a planned development permit, and the Planned Development Permit attached hereto as Exhibit E is the only planned development permit that the City may require for the development of the Project on the Property. (c) No occupancy permit for a building on a Building Parcel or Accessory Building Pazcel shall be issued until (i) Pacific Shores has completed installation of the Pre- Occupancy Improvements in the area shown on Exhibit B-3; (ii) Pacific Shores has completed that portion of the Private Loop Road and of the Pacific Shores Infrastructure providing frontage for the Building Pazcel for which the occupancy permit is sought; and (iii) the Seaport Boulevard Improvements have been completed. Installation, for this purpose, shall mean essential grading, site improvements (including imgation) and initial landscaping required by the Planned Development Permit and all improvements required for use and enjoyment of the Playfields and the Waterfront Park for recreation, but shall not include any buildings or structures permitted within the Waterfront Park. Completion, for this purpose, shall mean City inspection and approval of the improvements in accordance with the Existing Development Regulations. (d) Upon application by Pacific Shores, the City may amend the Planned Development Permit in accordance with its normal procedures applicable to such amendments to modify its requirements or conditions so long as the resulting modifications are not contrary to any specific portion of this Agreement, but no such modifications shall be deemed vested contractual rights pursuant to this Agreement. K:\DOC\0007\0033\AGR\CI17.DA6 �� Z9-Dec-199B AT 15:00