3A Public Hearing 2010 0503 - Laserfiche WebLink

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April 15, 2010 - Final Notwithstanding the foregoing, the Project shall be subject to the following fees and exactions: (a) fees to mitigate the impacts of a natural disaster; (b) fees to mitigate other health and safety requirements; (c) fee mitigations required pursuant to the requirements for further environmental review for the Project under CEQA; (d) any fees applied on a citywide basis and related to public health and safety matters; (e) any fee or obligation that is imposed by a regional agency in accordance with state or federal obligations and implemented by the City in cooperation with such regional agency; (f) any fee specifically mandated and required by state or federal laws and regulations and imposed by the City; and (g) to the extent a fee or exaction that is in effect as of the Effective Date of this Agreement, imposed by the City and applicable to the Project or Project Site is not addressed in this Agreement, the Project or Project Site, as applicable, shall be subject to the fee or exaction in effect at the time it may be imposed. Section 6.06. Subsequent Laws Applicable to Project. (a) Application of Changes in Applicable Laws to Project. Any change in, or addition to, the Applicable Laws, including, without limitation, any change in any applicable general or specific plan, zoning ordinance or building regulation adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of ordinance, initiative, referendum, resolution, motion, policy, order, regulation or moratorium, initiated or instituted for any reason whatsoever and adopted by the City Council or Planning Commission or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project and which would not conflict with the vested rights granted under this Agreement, shall apply to the Project. Changes in, or addition to, the Applicable Laws which are included in the City's Reserved Powers, are otherwise expressly allowed by this Agreement or are consented to in writing by Developer shall apply to the Project. In addition, City laws, rules, regulations and policies enacted after the Effective Date of this Agreement which do not conflict with the Applicable Laws or this Agreement shall apply to the Project and Project Site. (b) Changes in Uniform Codes. Notwithstanding any provision of this Agreement to the contrary, the Project shall be constructed in accordance with the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and Fire Codes, City standard construction specifications, and Title 24 of the California Code of Regulations, relating to Building Standards, in effect at the time of approval of the applicable building, grading, encroachment or other construction permits for the Project. (c) Changes Mandated by Federal or State Law. This Agreement shall not preclude the application to the Project of changes in, or additions to, the Applicable Laws mandated by Federal or State laws or regulations. In the event state or federal laws or regulations prevent or preclude compliance 1410321.1 17