11D - ORDINANCE NS-2677 - Laserfiche WebLink

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(3) Laws, including zoning code prOVISions, which regulate the manner in which business activities may be conducted or which prohibit any particular type of business activity on a city-wide basis; and (4) Procedural rules of general City-wide application. b. No vested rights as to any requirements in this section 5.2 either as to existing or future regulations, ordinances, policies, and plans are hereby conferred. 5.3 Design and Construction Standards and Specifications. The design and construction standards and specifications for all Project construction, shall be subject to applicable design standards and guidelines, including without limitation SD-59 and Chapter 41 of the Santa Ana Municipal Code, in effect at the time that any development approval shall be sought for the Project or any unit or structure contained within the Project. 5.4 Future, Proposed Residential, High Rise Towers. a. Without in any way affecting the rights vested pursuant to this Agreement, Owner shall meet and confer in good faith with the City on whether to construct a residential, for-sale, high rise tower on the Property in the general location as specified in Exhibit F to this Agreement, in lieu of the single family residential development at the density of 1 unit per acre approved for such area concurrently herewith. The parties hereto acknowledge and agree that the City's discretionary review of any such proposal together with any approvals sought to develop any such tower on the Property shall be deemed to fall within the provisions of section 5.5 of this Agreement, and not be covered by section 5.1 of this Agreement-. If, after good faith investigation and consideration the Owner has not concluded by August 1,2005, that a high rise development is feasible, Owner may proceed with development as approved concurrently herewith. No fees, exactions, mitigation measures or dedications shall be required with respect to such area until development commences thereon. b. In consideration of the above, and the extraordinary and significant benefits that Owner acknowledges and agrees that it has received in executing this Agreement, Owner voluntarily waives any claim, and holds harmless the City, its officers, agents and employees, from any claim that damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement or the Project, other than a breach by the City of its obligations hereunder. Said waiver and hold harmless shall be in addition to that set forth in other provisions of this Agreement, including but not limited to section 4.7. 5.5 Future Discretionary Approvals. This Agreement shall not prevent the City, when considering requests for discretionary approvals not covered by this Agreement subsequent to the effective date of this Agreement from applying new rules, regulations, and policies which are applicable to the Property, including but not limited to, material changes in the general plans, specific plans, zoning, subdivision or building regulations, nor shall this Agreement prevent the City from denying or conditionally approving any subsequent applications for discretionary land use entitlements based on such existing or new rules, regulations, and/or policies; provided however, that such new rules, regulations, and official policies are of general application to all development within the City and are not imposed solely 10 11 0-14