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<br /> 13 <br /> <br /> <br />2.5.1. Scope of Review of Subsequent Approvals. By approving the Project <br />Approvals, City has made a final policy decision that the Project is in the best interests of the <br />public health, safety and general welfare. Accordingly, Cit y shall not use its authority in <br />considering any application for a discretionary Subsequent Approval to change the policy <br />decisions reflected by the Project Approvals or otherwise to prevent or delay development of the <br />Project as set forth in the Project Approvals. Instead, the Subsequent Approvals shall be deemed <br />to be tools to implement those final policy decisions. The scope of the review of applications for <br />Subsequent Approvals shall be limited to a review of substantial conformity with the Vested <br />Elements and the Applicable Rules (except as otherwise provided by Section 2.4), and <br />compliance with CEQA. Where such substantial conformity/compliance exists, City shall not <br />deny an application for a Subsequent Approval for the Project. <br />2.6. Development Fees, Exactions; and Conditions.General. All fees, exactions, <br />dedications, reservations or other impositions to which the Project would be subject, but for this <br />Development Agreement, are referred to in this Development Agreement either as “Processing <br />Fees,” (as defined in Section 2.6.2) or “Impact Fees” (as defined in Section 2.6.3). <br />2.6.2. Processing Fees. “Processing Fees” mean fees charged on a citywide <br />basis to cover the cost of City review of applications for any permit or other review by City <br />departments. Applications for Subsequent Approvals for the Project shall be charged Processing <br />Fees to allow City to recover its actual and reasonable costs of processing Developer’s <br />Subsequent Approvals with respect to the Project. <br />2.6.3. Impact Fees. “Impact Fees” means monetary fees, exactions or <br />impositions, other than taxes or assessments, whether established for or imposed upon the <br />Project individually or as part of a class of projects, that are imposed by City on the Project in <br />connection with any Project Approval for the Project for any purpose, including, without <br />limitation, defraying all or a portion of the cost of public services and/or facilities construction, <br />improvement, operation and maintenance attributable to the burden created by the Project. Any <br />fee, exaction or imposition imposed on the Project which is not a Processing Fee is an Impact <br />Fee. No Impact Fees shall be applicable to the Project except as provided in this Development <br />Agreement. <br />a. Only the specific Impact Fees listed in Exhibit E shall apply to the <br />Project. The amount of any Impact Fees applicable to the Project shall be calculated based on <br />the rate in effect at the time that each application for a building permit is submitted and payable <br />upon the City’s issuance of a certificate of occupancy. <br />b. Any Impact Fees levied against or applied to the Project must be <br />consistent with the provisions of applicable California law, including the provisions of <br />Government Code Section 66000 et seq. (“AB 1600”). Developer retains all rights set forth in <br />California Government Code Section 66020. Nothing in this Development Agreement shall <br />diminish or eliminate any of Developer’s rights set forth in such section. <br />2.6.4. Conditions of Subsequent Approvals.In connection with any Subsequent Approvals, City <br />shall have the right to impose reasonable conditions including, without limitation, normal and <br />customary dedications for rights of way or easements for public access, utilities, water, sewers,