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<br /> 5.1 Rules, Regulations and Policies. The rules, regulations and official
<br />policies governing thc permitted use(s) of the Property, with respect to and only with respect to
<br />the density and intensity of use of the Property, shall be those rules, regulations, and policies
<br />applicable to the Property as of(a) the effective date of this Agreement, or Co) the time at which
<br />Owner obtains a building permit for the Project or any unit or structure contained witl-fin the
<br />Project, whichever is later, with the exception that the Property will be viewed for purposes of
<br />issuance of development approval as if it had 730 parking spaces. Thc parties specifically intend
<br />that the future development of the subject property into an expanded retail use will occur as if the
<br />City had not taken any parking spaces under the Reciprocal Parking Agreement that relates to the
<br />property. Accordingly, the parties intend that the future build out of the property, including
<br />density and intensity of use, to occur as if it still possessed the benefit of all 730 parking spaces.
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<br /> 5.2 Permitted Use, Density, and Intensity of Use; Rate and Amount of
<br />Gro~vth. Pursuant to Government Code Section 65866, and Pardee Construction Co. v. City of
<br />Camarillo (1984) 37 Cal.3d 465,208 Cal.Rptr. 228, 690 P.2d 701, the right to enact police
<br />power regulations on matters not covered by section 5.1 of this Agreement, including without
<br />limitation regulation of the off-street parking requirements is not abrogated by the City. The
<br />City hereby retains the police power to provide for change in regulations, ordinances, policies,
<br />and plans relating to moratoria, building permit allocations, timing, and sequencing of
<br />development and the financing and provision of adequate public facilities at the time of
<br />development. No vested rights as to any requirements in this sub-section either as to existing or
<br />future regulations, ordinances, policies, and plans are hereby conferred.
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<br /> 5.3 Design and Construction Standards and Specifications. Except as
<br />stated section 5.1 and 5.2, the design and construction standards and specifications for all Project
<br />construction shall be subject to applicable design standards and guidelines in effect at the time
<br />that any development approval shall be sought for the Project or any unit or structure contained
<br />within the Project.
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<br /> 5.4 Maximum Height and Size of Structure. The maximum height and size
<br />for all structures shall be as provided in the applicable zoning classifications.
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<br /> 5.5 Future Discretionary Approvals. This Agreement shall not prevent the
<br />City, when considering requests for discretionary approvals not covered by Section 5.1 and 5.2
<br />of this Agreement subsequent to the effective date of this Agreement, from applying new rules,
<br />regulations, and policies which are applicable to the Property, including but not limited to,
<br />changes in the general plans, specific plans, zoning, subdivision or building regulations, nor shall
<br />this Agreement prevent the City from denying or conditionally 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 shall 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 5.1 and 5.2 of this Agreement, is paramount to any rights or obligations
<br />created or existing between the parties.
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<br />11/12/99 11:44 AM
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