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NS-2320
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Last modified
1/3/2012 1:02:22 PM
Creation date
6/26/2003 10:08:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2320
Date
5/5/1997
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the Development, for which no ~e plan or Development Plan has <br />been submitted by the Develop=r, submittals therefor shall <br />substantially conform to Phase II as described in Exhibit C, except <br />that Developer may, at its sole option, delete the "theme" cube <br />from the Project. If Developer submits applications for any use of <br />the Property other than~.un~ that complies in all material aspects <br />to DP96-27 and Exhibit C (subject to Developer's right to delete <br />the cube, this Agreement shall terminate and all development shall <br />be subject to codes and standards in effect at that time. <br /> <br />5. Development of the Property; Vesting of Development Rights. <br /> <br /> (a) ~ener&l Statement. <br /> Notwithstanding any subsequent changes to the General <br />Plan, the zoning of the Property, or any other change affecting the <br />Development or use of the Property, including without limitation <br />any changes imposed by any initiative approved by the voters, and <br />except as specifically set forth herein, Developer shall have the <br />vested right to proceed with the development of the Property in <br />accordance with Existing Development Regulations, as defined below. <br /> <br /> (b) ~xisting Development Requlations. <br /> In accordance with the terms of Government Code Section <br />65866, the City and the Developer agree that the ordinances, rules, <br />regulations and official policies of the City, (collectively, the <br />"Existing Development Regulations") in effect as of the date of <br />this Development Agreement governing the design, density, permitted <br />land uses, timing and phasing, and other improvement and <br />construction standards applicable to the Development shall govern <br />during the Term of this Development Agreement. Except as otherwise <br />provided in this Development Agreement, without Developer's written <br />approval, no amendment to or revision of, or addition to any of the <br />Existing Development Regulations or the Plan, whether adopted or <br />approved by the City Council or any office, board, commission or <br />other Agency of the City, or by the people of the City through <br />charter amendment or initiative measure, shall be effective or <br />enforceable by the City with respect to the Development, its <br />design, grading, construction, remodeling, use or occupancy, or <br />schedule of development. <br /> <br />(o) Exclusion from Definition of Existing Development <br /> Regulations. <br /> <br /> As used herein, Existing Development Regulations shall not <br />include municipal laws and regulations which do not interfere with <br />Developer's vested rights to develop and use the Property in <br />accordance with the Approvals. Developer and its successors and <br />assigns and all persons and entities in occupation of any portion <br />of the Property shall comply with such non-conflicting laws and <br />regulations as may from time to time be enacted or amended <br />hereafter. Specifically, but without limitation on the foregoing, <br /> <br /> <br />
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