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Reso 2013-150
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Reso 2013-150
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Last modified
1/13/2014 11:58:22 AM
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12/13/2013 2:28:38 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/2/2013
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8B Consent 2013 1202
(Reference)
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\City Clerk\City Council\Agenda Packets\2013\Packet 2013 1202
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SAN LEANDRO ADMINISTRATIVE CODE TITLE 5 COMMUNITY DEVELOPMENT <br /> design controls, and specifications applicable to development of the property shall be those <br /> City riles, regulations and official policies in force on the effective date of the development <br /> agreement. <br /> (b) A development agreement shall not prevent the City, in subsequent actions applicable to the <br /> property, from applying new riles, regulations and policies which do not conflict with those <br /> riles, regulations and policies applicable to the property as set forth in the development <br /> agreement. <br /> (c) A development agreement shall not prevent the City from denying or conditionally approv- <br /> ing any subsequent land use permit or authorization for the Project on the basis of such ex- <br /> isting or new riles, regulations, and policies. <br /> X5.4.175: SEVERABILITY CLAUSE. <br /> Shall any provision of this Chapter or a subsequent development agreement be held by a court of <br /> competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this <br /> Chapter and development agreement shall remain in full force and effect unimpaired by the hold- <br /> ing, except as may otherwise be provided in a development agreement. <br /> X5.4.180: JUDICIAL REVIEW; TIME LIMITATION. <br /> (a) Any judicial review of an ordinance approving a development agreement shall be by writ of <br /> mandate pursuant to California Code of Civil Procedure §1085; and judicial review of any <br /> City action taken by the City pursuant to this Chapter, other than the initial approval of a <br /> development agreement, shall be writ of mandate pursuant to California Code of Civil Pro- <br /> cedure §1094.5. <br /> (b) Any action or proceeding to attack, review, set aside, void or annul any decision of the City <br /> taken pursuant to this Chapter shall not be maintained by any person unless the action or <br /> proceeding is commenced within ninety (90) days after the date of the decision. <br /> Legislative History: <br /> Resolution No. 85-111, 06/17/1985 [§§5.4.100-5.4.705]; Resolution No. 92-121, 05/18/1992 [§§5.4.100-5.4.180]; <br /> Resolution No. 2005-156, 11/21/2005 [§§5.4.105-5.4.135, 5.4.165] <br /> Department Responsible for Revision: Community Development Chapter 5.4 <br /> 11/21/2005 Page 7 <br />
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