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1.1.18."Land Use Regulations"means all ordinances, laws, resolutions,codes, rules,
<br /> regulations,policies, requirements,guidelines,or other actions of City, including but not limited
<br /> to the provisions set forth in the City's General Plan,Municipal Code,that affect,govern, or
<br /> apply to the Development of the Project and use of the Property in a manner consistent with this
<br /> Agreement, including,without limitation,the permitted use of land,the density or intensity of
<br /> use,subdivision requirements,the maximum height and size of proposed buildings,the
<br /> provisions for reservation or dedication of land for public purposes,and the design,
<br /> improvement and construction standards and specifications applicable to the Development of the
<br /> Property,subject to the terms of this Agreement,whether adopted by the City Council or the
<br /> voters in an initiative. "Land Use Regulations"does not include any City ordinance,resolution,
<br /> code,rule,regulation or official policy, governing:
<br /> (a) the conduct of businesses,professions,and occupations;
<br /> (b) taxes(special or general)and assessments;
<br /> (c) the control and abatement of nuisances;
<br /> (d) the granting of encroachment permits and the conveyance of rights and
<br /> interests that provide for the use or the entry upon public property;
<br /> (e) the exercise of the power of eminent domain.
<br /> 1.1.19."Owner"means the persons and entities listed as Owner on page 1 of this
<br /> Agreement and their successors in interest to all or any part of the Property.
<br /> 1.1.20."Ministerial Approval,"or"Ministerial Act"means the nondiscretionary permits,
<br /> plans,inspections,certificates,documents and licenses required to be taken, issued,or approved
<br /> by the City in order for Owner to develop the Project,including,without limitation,building
<br /> permits,grading permits,Development Project Review Approvals,and other similar permits and
<br /> approvals. Any approval or act that is not a Discretionary Approval is a Ministerial Approval.
<br /> 1.1.21."Mortgagee"means a mortgagee of a mortgage, a beneficiary under a deed of
<br /> trust or any other security-device lender,and their successors and assigns.
<br /> 1.1.22."Project"means the development of the Property,as more specifically described
<br /> in Exhibit"A"and shown on Exhibit"B,"pursuant to the Project Approvals and the
<br /> Development Plan,as such Development Plan may be further defined, enhanced,or modified
<br /> pursuant to the provisions of this Agreement.
<br /> 1.1.23."Project Open Space"means the approximately 7.5 acres of publicly accessible
<br /> open-space areas,as defined in the Specific Plan,to be maintained by Owner.
<br /> 1.1.24."Project Phase"shall mean a portion of the development of the Property as
<br /> contemplated by the Project Approvals.To avoid confusion, a"Project Phase"may include one
<br /> or more Development phases and shall not be limited to any single Specific Plan Phase and may
<br /> consist of a portion of a Specific Plan Phase.
<br /> 1.1.25."Project Approvals"means all site-specific(meaning specifically applicable to
<br /> the Project only and not generally applicable to some or all other properties within the City)
<br /> plans,maps, permits, entitlements, approvals(including Development Project Review
<br /> Ordinance No, NS-3087
<br /> Page 11 of 41
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