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development agreements adopted pursuant to Article 2.5 of the Govermnent Code (commencing <br />with Section 65864) of Chapter 4. <br />1.1.8. "Development Plan" means the plan for development of the Property as set forth <br />in Exhibit "C." <br />1.1.9. "Development Project Review Approvals" refers to the administrative review of <br />all projects meeting the requirements of Division 3 of Article V of the Santa Ana Municipal <br />Code. <br />1.1.10. "Discretionary Action" or "Discretionary Approval" means an action that <br />requires the exercise of judgment, deliberation, or discretion on the part of the City, including <br />any board, agency, commission, or department and any officer or employee thereof, in the <br />process of approving or disapproving Development of the Project, as distinguished from an <br />activity that is defined herein as a Ministerial Permit or Ministerial Approval. <br />1.1.1 I. "Effective Date" means the date the ordinance approving and authorizing this <br />Agreement becomes effective. <br />1.1.12. "Existing Land Use Regulations" means the Land Use Regulations that are in <br />effect on the Effective Date, pursuant to California Government Code Section 65866. <br />I.1.13. "Existing Project Approvals" means all Project Approvals approved or issued on <br />or before the Effective Date. <br />1.1.14. "Future Project Approvals" means Project Approvals for the Project that are <br />adopted, approved, or issued after the Effective Date. <br />1.1.15. "Land Use Regulations" means all ordinances, laws, resolutions, codes, rules, <br />regulations, policies, requirements, guidelines, or other actions of City, including but not limited <br />to the provisions set forth in the City's General Plan, Municipal Code, that affect, govern, or <br />apply to the Development of the Project and use of the Property in a manner consistent with this <br />Agreement, including, without limitation, the permitted use of land, the density or intensity of <br />use, subdivision requirements, the maximum height and size of proposed buildings, the <br />provisions for reservation or dedication of land for public purposes, and the design, improvement <br />and construction standards and specifications applicable to the Development of the Property, <br />subject to the terms of this Agreement, whether adopted by the City Council or the voters in an <br />initiative. "Land Use Regulations" does not include any City ordinance, resolution, code, rule, <br />regulation or official policy, governing: <br />(a) the conduct of businesses, professions, and occupations; <br />(b) taxes (special or general) and assessments; <br />(c) the control and abatement of nuisances; <br />(d) the granting of encroachment permits and the conveyance of rights and <br />interests that provide for the use of or the entry upon public property; <br />(c) the exercise of the power of eminent domain. <br />-3- <br /> <br />