Inst 2011 Agmt Wm Mathews Inc - Laserfiche WebLink

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2.5. Processing Subsequent Approvals. 2.5.1. Processing of Subsequent Approvals. City will accept, make completeness determinations, and process, promptly and diligently, to completion all applications for Subsequent Approvals for the Project, in accordance with the terms of this Development Agreement. 2.5.2. Scope of Review of Subsequent Approvals. By approving the Project Approvals, City has made a final policy decision that the Project is in the best interests of the public health, safety and general welfare. Accordingly, City shall not use its authority in considering any application for a discretionary Subsequent Approval to change the policy decisions reflected by the Project Approvals or otherwise to prevent or delay development of the Project as set forth in the Project Approvals. Instead, the Subsequent Approvals shall be deemed to be tools to implement those final policy decisions. The scope of the review of applications for Subsequent Approvals shall be limited to a review of substantial conformity with the Vested Elements and the Applicable Rules (except as otherwise provided by Section 2.4), and compliance with CEQA. Where such substantial conformity /compliance exists, City shall not deny an application for a Subsequent Approval for the Project. 2.6. Development Fees, Exactions; and Conditions. 2.6.1. General. All fees, exactions, dedications, reservations or other impositions to which the Project would be subject, but for this Development Agreement, are referred to in this Development Agreement either as "Processing Fees," (as defined in Section 2.6.2) or "Impact Fees" (as defined in Section 2.6.3). 2.6.2. Processing Fees. "Processing Fees" mean fees charged on a citywide basis to cover the cost of City review of applications for any permit or other review by City departments. Applications for Subsequent Approvals for the Project shall be charged Processing Fees to allow City to recover its actual and reasonable costs of processing Developer's Subsequent Approvals with respect to the Project. 2.6.3. Impact Fees. "Impact Fees" means monetary fees, exactions or impositions, other than taxes or assessments, whether established for or imposed upon the Project individually or as part of a class of projects, that are imposed by City on the Project in connection with any Project Approval for the Project for any purpose, including, without limitation, defraying all or a portion of the cost of public services and /or facilities construction, improvement, operation and maintenance attributable to the burden created by the Project. Any fee, exaction or imposition imposed on the Project which is not a Processing Fee is an Impact Fee. No Impact Fees shall be applicable to the Project except as provided in this Development Agreement. a. Only the specific Impact Fees listed in Exhibit C shall apply to the Project. The amount of any Impact Fees applicable to the Project shall be calculated based on the rate in effect at the time that each application for a building permit is submitted. b. Any Impact Fees levied against or applied to the Project must be consistent with the provisions of applicable California law, including the provisions of 8