Laserfiche WebLink
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. <br /> 12 <br />