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<br />8 <br /> <br />8 <br /> <br />8 <br /> <br />5.2 <br /> <br />Exclusion from Existing Rules, Regulations and Policies. <br /> <br />Pursuant to Government Code Section 65866, City retains the right to enact police <br />power regulations in a non-discriminatory manner on the following matters not covered by <br />section 5.1 of this Agreement: <br /> <br />a. Municipal laws and regulations which do not interfere with Owner's vested <br />rights to develop and use the Property in accordance with section 5.1 of this Agreement Owner and <br />its successors and assigns and all persons and entities in occupation of any portion of the Property <br />shall comply with such non-conflicting laws and regulations as may ftom time to time be enacted or <br />amended hereafter. Specifically, but without limitation on the foregoing, such non-conflicting laws <br />and regulations include the following: <br /> <br />(1) Taxes, assessments, fees and charges, exccpt as otherwise <br />specifically provided in this Development Agreement; <br /> <br />(2) Building, electrical, mechanical, fire and similar codes based upon <br />unifonn codes incorporated by reference into the Santa Ana Municipal Code (including <br />amendments to such codes); <br /> <br />(3) Laws, including zoning code provisions, which regulate the manner <br />in which business activities may be conducted or which prohibit any particular type of <br />business activity on a city-wide basis; and <br /> <br />(4) <br /> <br />Procedural rules of general City-wide application. <br /> <br />5.3 Design and Construction Standards and Specifications. The design <br />and construction standards and specifications for all Project construction shall be subject to <br />applicable design standards and guidelines in effect at the time that any development approval <br />shall be sought for the Project or any unit or structure contained within the Project. <br /> <br />5.4 <br /> <br />Reserved. <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 5.1 of this <br />Agreement subsequent to the effective date ofthis Agreement, ftom applying new rules, <br />regulations, and policies which are applicable to the Property, nor shall this Agreemcnt prevent <br />the City ftom denying or conditionally approving any subsequent applications for land use <br />entitlements based on such existing or new rules, regulations, and/or policies; provided however, <br />that such new rules, regulations, and official policies are of general application to all <br />development within the City and are not imposed solely with respect to the subject property. In <br />addition, this Agreement shall not prevent the City ftom exercising its police power to protect the <br />health, safety, and welfare of the public. This police power, exercised in accordance with <br />Section 5.2 of this Agreement, is paramount to any rights or obligations created or existing <br />between the parties. However, except as provided in section 5.1, above, the City acknowledges <br /> <br />8 <br />