Laserfiche WebLink
12 <br />7. VESTING OF DEVELOPMENT STANDARDS; APPLICABILITY OF EMC AND DEVELOPMENT <br />STANDARDS <br />A. Vesting Period. Pursuant to RCW 36.70B.170 et seq., the Development Standards and <br />other provisions of this Agreement shall apply to and govern and vest the development, <br />use, and mitigation of development on the Property for a period of twenty years from the <br />effective date of this Agreement (the “Vesting Period” or “Buildout Period”) unless <br />extended or terminated as set forth herein. Permit applications submitted during the <br />Vesting Period that are complete and consistent with this Agreement shall be processed <br />in accordance with this Agreement notwithstanding the expiration of the Vesting Period. <br />B. Relationship to EMC. To the extent this Agreement does not establish Development <br />Standards or provisions addressing a certain subject, element or condition of the Project, <br />then the Project shall be governed by the City's then-current EMC and development <br />standards. For the purposes of clarity, the following is a non-exhaustive list of EMC <br />provisions that are not vested under this Agreement, which means that then-current or <br />successor versions of the following EMC provisions will govern the Project: (1) Title 14 <br />EMC (Water and Sewers); (2) Title 16 EMC (Buildings and Construction); (3) Title 20 EMC <br />(Environmental); and (4) chapter 19.51 EMC (Transportation Mitigation), chapter 19.52 <br />EMC (School District Impact Fees), and chapter 19.53 EMC (Parks Impact Fees). <br />C. New or Modified Laws. After the effective date of this Agreement, the City may adopt <br />new or modified ordinances, codes, standards and regulations (collectively, “New or <br />Modified City Laws”) relating to any Development Standards or to particular subject <br />matter of this Agreement, but these will not apply to the Project during the Buildout <br />Period unless one or more of the following apply: <br />(1) the City and EHA mutually agree in writing to modify the Development <br />Standards or other provision(s) of this Agreement (under the processes <br />established for such modifications) in accordance with the New or Modified <br />City Laws; <br />(2) the New or Modified City Laws concern off-street parking requirements and <br />would, but for the Development Standards, apply to the Property, and EHA <br />requests that such new or modified requirements replace the off-street <br />parking requirements in the Development Standards, in which case the <br />request is deemed to be a proposal approvable by the Planning Director under <br />Section 6 above; <br />(3) the City determines that the New or Modified City Laws must be applied to <br />development of the Property to avoid a serious threat to public health and <br />safety; or <br />(4) the New or Modified City Laws are required by state or federal law, in which <br />case New or Modified City Laws apply to the Project to the extent so required. <br />D. Further Discretionary Actions. EHA acknowledges that the Development Standards <br />contemplate the exercise of further discretionary powers by the City. These powers <br />include, but are not limited to, review of additional permit applications under SEPA.