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1.1.9 "Discretionary Actiou(s)" or "Discretionary Approval(s)" means an action which
<br />requires the exercise of judgment, deliberation or discretion on the part of the City,
<br />including any board, agency, commission or department and any officer at -
<br />employee thereof, in the process of approving or disapproving Development of the
<br />Project, as distinguished from an activity which is defined herein as a Ministerial
<br />Permit or Ministerial Approval.
<br />1.1.10 "Effective Date" means the date the ordinance approving and authorizing this
<br />Agreement becomes effective.
<br />Ll.l 1 "Existing Land Use Regulations" means all ordinances, laws, resolutions, codes,
<br />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,
<br />Municipal Code which affect, govern or apply to the Development of the Project
<br />and use of the Property in a manner consistent with this Agreement, including,
<br />without liniltation, the permitted use of land, tine density or intensity of use,
<br />subdivision requirements, the maximum height and size of proposed buildings, the
<br />provisions for reservation or dedication of land for public proposes, and the design,
<br />improvement and construction standards and specifications applicable to the
<br />Development of the Property, subject to the terms of this Agreement, whether
<br />adopted by the City Council or the voters in an initiative, which are in effect on
<br />the Effective Date, pursuant to California Government Code Section 65866.
<br />1.1.12 "Existing Project Approvals" means all Project Approvals approved or issued on
<br />or before the Effective Date.
<br />L1.13 "Land Use Regulations" means all ordinances, resolutions, codes, rules,
<br />regulations and official policies. of CITY governing the development and use of
<br />land, including, without limitation, the permitted use of land, the density or
<br />intensity of use, subdivision requirements, the maximum height and size of
<br />proposed buildings, the provisions for reservation or dedication of land for public
<br />purposes, and the design, improvement and construction standards and
<br />specifications applicable to the development of the Property. "Land Use
<br />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 />(e) the exercise of the power of eminent domain.
<br />L 1.14 Reserved.
<br />55394.00002\3 1553167.13
<br />#21124v3
<br />Ordinance NS-2979
<br />Page 14 of 59
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