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<br />ORDiNANCE NO. NS-2106 <br /> <br />... , <br /> <br />097 <br /> <br />writing of the City's Planning Manager and the Developer, whether <br />adopted or approved by the City Councilor any of'fice, board, <br />commission or other agency of the City, or by the people of the <br />City through charter amendment, referendum or initiative measure or <br />other vote, shall be effective or enforceable by the city with <br />respect to the Development, its design, grading, construction, <br />remodeling, use or occupancy, schedule or development. <br /> <br />(c) Exclusions from "Existinq Development <br />Requlations." As used herein, "Existing Development Regulations" <br />shall not include municipal laws and regulations which do not <br />conflict with Developer's vested rights to develop and use the <br />Property in accordance with this Agreement. Developer and its <br />successors and assigns and all persons and entities in occupation <br />of any portion of the Property shall comply with such non- <br />conflicting laws and regulations as may from time to time be <br />enacted or amended hereafter. Specifically, but without limitation <br />on the foregoing, such non-conflicting laws and regulations include <br />the following: ' <br /> <br />i) Taxes, assessments, fees and charges; <br /> <br />ii) Building, electrical, mechanical, fire and <br />similar codes based upon uniform codes incorporated by reference <br />into the Santa Ana Municipal Code; <br /> <br />iii) Laws, including zoning code provisions, <br />which regulate the manner in which business activities may be <br />conducted or which prohibit any particular type of business <br />activity on a city-wide basis; <br /> <br />iv) Procedural rules of general city-wide <br /> <br />application. <br /> <br />(d) Subsequent "Slow/No Growth" Measures. <br />Consistent with (a) and (b), above, the City and Developer <br />specifically agree that any subsequently enacted initiatives, <br />referendums, or amendments to the City's General Plan and/or Zoning <br />Code which contain "slow/no growth" measures 'or which by their <br />terms are intended to, or by operation having such effect or which <br />otherwise conflict with the terms of this Development Agreement, or <br />limit the timing or phasing of the Development shall have no <br />application to the Development. Notwithstanding any such measures, <br />the mitigation measures required for the Development are limited to <br />those established by this Development Agreement. <br /> <br />12. Environmental Compliance and Mitiqation Measures. <br /> <br />(a) Obliqations and contributions of the Developer <br />for Mitiqation Measures. The EIR for the Development is <br />incorporated herein by reference as through fully set forth at <br /> <br />7 <br />