Item 18 - The Village Santa Ana Specific Plan – Second Readings for Amendment Application and Development Agreement Ordinances (1561 W. Sunflower Avenue)

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(b) any second plan review within 15 days after submission, and (c) any third plan review within 10 days after submission. 3.2.2. Notwithstanding the foregoing,the City does not guarantee that the timelines above will be met, and failure to meet these timelines does not constitute a default. 3.2.3. To help ensure expedited review of its development approvals, Owner may elect to pay for City to use a contract planner. City agrees to retain a contract planner to expedite review, if Owner so elects. 3.3. Reservation of Rights. 3.3.1. Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following are not Existing Land Use Regulations,but shall apply to the development of the Property as they are in effect at the time of application for Development Project Review Approvals,provided such regulations and/or fees (as applicable) are not designed in a manner such that they are applicable only,to the Project and/or Property: (a) Processing fees and charges of every kind and nature imposed by City to cover the actual costs to City of processing applications for Project Approvals or for monitoring compliance with any Project Approvals granted or issued. (b) Procedural regulations relating to hearing bodies,petitions, applications, notices, findings,records,hearings,reports,recommendations, appeals and any other matter of procedure,provided that such procedural regulations do not conflict with the Project Approvals. (c) Regulations,policies, and rules governing engineering and construction standards and specifications applicable to public and private improvements, including,without limitation, all uniform codes adopted by the City and any local amendments to those codes adopted by the City, including,without limitation,the City's Building Code,Plumbing Code, Mechanical Code, Electrical Code, and Grading Ordinance. (d) Regulations that are in material conflict with this Agreement but that are reasonably necessary to protect the residents of the Project or the immediate community from a condition perilous to their health or safety. To the maximum extent possible, any such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided under this Agreement. (e) Regulations that are not in material conflict with this Agreement or the Development Plan. For avoidance of doubt, any regulation,whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to materially conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (f) Regulations that are in material conflict with the Development Plan; provided Owner has given written consent to the application of such regulations to Development of the Property.