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NS-2385
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Last modified
1/3/2012 1:02:06 PM
Creation date
6/26/2003 10:08:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2385
Date
5/17/1999
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5.3 Design and Construction Standards and Specifications. The design <br />and construction standards and specifications for ali Project construction, including without <br />limitation the facilities set forth in the Storm Drain Locational Plan, shall be subject to applicable <br />design standards and guidelines in effect at the time that any development approval shall be <br />sought for the Project or any unit or structure contained within the Project. <br /> <br /> 5.4 Maximum Height and Size of Structure. The maximum height and size <br />for ali structures shali be as provided in the applicable zoning classifications. <br /> <br /> 5.5 Future Discretionary Approvals. This Agreement shall not prevent the <br /> City, when considering requests for discretionary approvals not covered by Section 5.2 of this <br /> ,Agreement subsequent to the t:ffective d,ate of this Agreement, from applying new rules, <br /> .... 5. gb <br /> "' '- ' ~e'gulati6ns, and policies Which are applicable to the P~roperty, includin ut not limited to, <br />· ~han~'es in the general plans, specdic ' ' ' <br /> · plans, zoning, subdivision or building regulations, flor shall ' <br /> this Agreement prevent the City from denying or conditionaliy approving any subsequent <br /> applications for land use entitlements based on such existing or new rules, regulations, and/or <br /> policies; provided however, that such new rules, regulations, and official policies are of general <br /> application to all development within the City and are not imposed solely with respect to the <br /> subject property. In addition, this Agreement shali not prevent the City from exercising its police <br /> power to protect the health, safety, and welfare of the public. This police power, exercised in <br /> accordance with Section 5.2 of this Agreement, is paramount to any rights or obligations created <br /> or existing between the parties. <br /> <br /> 5.6 Processing Fees. All fees and charges intended to cover City costs <br />associated with processing development of the Property, including but not limited to fees and <br />charges for applications, processing, inspections, plan review, plan processing, and/or <br />environmental review, which are existing or may be revised or adopted during the term of this <br />Agreement, shali apply to the development of the Property. <br /> <br /> 5.7 Amendments or Additions to Citywide Fee Programs. This Agreement <br />shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, <br />or assessments (hereafter coliectively referred to as "fees") adopted by the City after the effective <br />date of this Agreement, which shall be applicable to the Project or the Property provided that they <br />(1) are standard fees applicable to ali development in the City (although actual fee rates may vary <br />within the City where bona fide Citywide fee zones have been established), (2) are not applicable <br />primarily or only to this Project, or (3) are not imposed to either (a) mitigate, offset or <br />compensate for Project impacts which were analyzed in the negative declaration prepared for the <br />Project, or (b) duplicate any project design features conditions of approval, agreements, or <br />mitigation measures contained in the Development Plan or this Agreement. <br /> <br /> 5.8 Development, Construction and Completion of Project. In <br />consideration for the extraordinary and significant benefits set forth in this Section, the Owner has <br />been legally vested under Section 5.2 with regard to the permitted uses of land, density, and <br />intensity of use. Facilities specified below must be designed and/or constructed prior to the <br />triggering event. <br /> <br />Facilities to Be Constructed <br /> <br />Triggering Event (E.g., New Use or New Area) <br /> <br />7 <br /> <br /> <br />
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