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DRAFT <br />(a) Existing taxes, assessments, fees and charges, except as otherwise <br />specifically provided in this First Amendment; <br />(b) Building, electrical, mechanical, fire and similar codes based upon <br />uniform codes incorporated by reference into the Santa Ana Municipal Code; <br />(c) 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 />(d) Procedural rules of general City-wide application. <br />(2) No vested rights as to any requirements in this Section 5.1.1 either as to <br />existing or future regulations, ordinances, policies, and plans are hereby conferred. <br />5.1.2 Design and Construction Standards and Specifications. The design <br />and construction standards and specifications for all Sky Loft Project construction, shall be <br />subject to applicable design standards and guidelines, including without limitation SD-59 and <br />Chapter 41 of the Santa Ana Municipal Code, in effect at the time that any development approval <br />shall be sought for the Sky Loft Project or any unit or structure contained within the Sky Loft <br />Project. <br />5.1.3 Minor Changes. Upon application of Owner, the Executive Director may <br />approve minor modifications to the discretionary approvals vested pursuant to this First <br />Amendment, provided that such changes are consistent in scope and intention with such <br />approvals. The Executive Director has the sole and absolute discretion to determine what <br />constitutes a "minor modification." <br />5.1.4 Processing Fees. All fees and charges intended to cover the City's costs <br />associated with processing development of the Sky Lofts Property, including but not limited to <br />fees and 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 />First Amendment, shall apply to the development of the Sky Lofts Property. <br />5.1.5 Amendments or Additions to Citywide Fee Programs. This First <br />Amendment shall not preclude the inclusion of and changes to fee programs, taxes whether <br />special or general, or assessments (hereafter collectively referred to as "fees") adopted by the City <br />after the effective date of this First Amendment, which shall be applicable to the Sky Lofts Project <br />or the Sky Lofts Property provided that they (1) are standard fees applicable to all development in <br />the City (although actual fee rates may vary within the City where bona fide Citywide fee zones <br />have been established), (2) are not applicable primarily or only to the Sky Lofts Project, or (3) are <br />not imposed to either (a) mitigate, offset or compensate for Sky Lofts Sky Lofts Project impacts <br />which were analyzed in the Environmental Impact Report prepared for the Sky Lofts Project, or <br />75A-81 <br />