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1.1.8 “Development Plan” means the plan for development of the Property
<br />as set forth in Exhibit “C”.
<br />1.1.9 "Discretionary Action(s)" or "Discretionary Approval(s)" means an
<br />action which requires the exercise of judgment, deliberation or discretion on the part of the
<br />City, including any board, agency, commission or department and any officer or employee
<br />thereof, in the process of approving or disapproving Development of the Project, as
<br />distinguished from an activity which is defined herein as a Ministerial Permit or Ministerial
<br />Approval.
<br />1.1.10 “Effective Date” means the date the ordinance approving and
<br />authorizing this Agreement becomes effective.
<br />1.1.11 "Existing Land Use Regulations" means all ordinances, laws,
<br />resolutions, codes, rules, regulations, policies, requirements, guidelines or other actions of City,
<br />including but not limited to the provisions set forth in the City's General Plan, Municipal Code
<br />and including all Development Impact Fee programs, which affect, govern or apply to the
<br />Development of the Project and use of the Property in a manner consistent with this Agreement,
<br />including, without limitation, the permitted use of land, the density or intensity of use,
<br />subdivision requirements, the maximum height and size of proposed buildings, the provisions
<br />for reservation or dedication of land for public purposes, and the design, improvement and
<br />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, which are in effect on the Effective Date, pursuant to California Government Code
<br />Section 65866.
<br />1.1.12 "Existing Project Approvals" means all Project Approvals approved
<br />or issued on or before the Effective Date.
<br />1.1.13 “Land Use Regulations” means all ordinances, resolutions, codes,
<br />rules, regulations and official policies of CITY governing the development and use of land,
<br />including, without limitation, the permitted use of land, the density or intensity of use,
<br />subdivision requirements, the maximum height and size of proposed buildings, the provisions
<br />for reservation or dedication of land for public purposes, and the design, improvement and
<br />construction standards and specifications applicable to the development of the Property. “Land
<br />Use Regulations” does not include any CITY ordinance, resolution, code, rule, regulation or
<br />official policy, governing:
<br />(a) the conduct of businesses, professions, and occupations;
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<br />(b) taxes (special or general) and assessments;
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<br />(c) the control and abatement of nuisances;
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<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;
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<br />(e) the exercise of the power of eminent domain.
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<br />2-122
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