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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 Pennit 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 />which affect, govern or apply to the Development of the Project and use of the Property in a
<br />manner consistent with this Agreement, including, without limitation, the permitted use of land,
<br />the density or intensity of use, subdivision requirements, the maximum height and size of
<br />proposed buildings, the provisions for reservation or dedication of land for public purposes,
<br />and the design, improvement and construction standards and specifications applicable to the
<br />Development of the Property, subject to the terns of this Agreement, whether adopted by the
<br />City Council or the voters in an initiative, which are in effect on the Effective Date, pursuant
<br />to California Government Code 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;
<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 />(e) the exercise of the power of eminent domain.
<br />l .l .14 Rcsen cd.
<br />1.1.15 "OWNER" means the persons and entities listed as OWNER on page
<br />1 of this Agreement and their successors in interest to all or any part of the Property.
<br />5;394(XKK12 31;;3147 13 11 A-16
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