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Definitions
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<br /> (a) "Annual Review." The annual review to be conducted pursuant to
<br /> Government Code, Section 65865.1.
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<br /> (b) "Approvals." All amendments to any Development Regulations,
<br /> heretofore, or hereafter enacted necessary to confer the requisite lawful right on Owner
<br /> to develop the Project on the Property, and any and all permits, approvals, or other
<br /> entitlements for use of any kind or character required under the Development
<br /> Regulations in order to develop the Project on the Property, and all amendments,
<br /> revisions, and modifications thereto, including environmental assessment, and
<br /> architectural permit. The Approvals include the Existing Approvals.
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<br /> (c) "Building Regulations." City's Building, Fire, Plumbing, and Mechanical
<br /> Codes and any other ordinances, resolutions, codes, rules, regulations, and official
<br /> policies that establish construction standards that are intended to be applied
<br /> ministerially to the construction of improvements on private property. The Building
<br /> Regulations do not include any ordinance, resolution, code, rule, regulation, or official
<br /> policy that imposes a monetary Exaction.
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<br /> (d) "Development Agreement Law." Sections 65864 through 65869.5 of the
<br /> California Government Code.
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<br /> (e) "Development Regulations." The ordinances, resolutions, codes, rules,
<br /> regulations, and official policies of City governing zoning, land use, permitted uses,
<br /> building density, building height, building size, and building design, that are applicable to
<br /> the development of real property within City. Specifically, but without limiting the
<br /> generality of the foregoing, the Development Regulations include City's General Plan,
<br /> City's Zoning Ordinance, and City's Subdivision Code. The Development Regulations
<br /> do not include the Building Regulations.
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<br /> (f) "Effective Date." The date on which the ordinance approving this
<br />Agreement becomes effective or the date on which the last party executes this
<br />Agreement, whichever is later.
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<br /> (g) "Exaction." Any cost, fee, charge, payment assessment or other monetary
<br />or non-monetary requirement charged or imposed by City in connection with the
<br />development of, or construction on, or use of real property under any Development
<br />Regulation or any other law, resolution, code, rule, regulation, or official policy of City
<br />other than the Building Regulations, including without limitation: In-Lieu Fees or
<br />payments; assessments; dedication or reservation requirements; obligations for on-site
<br />or off-site improvements, facilities, or services; deposit requirements; bond
<br />requirements; insurance requirements; subdivision improvement requirements;
<br />mitigation measures in connection with environmental review of the Project; excise
<br />taxes on development; or fees for services.
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<br />Opfer-Exhiblt040802
<br />FXS/dr 1
<br />02/04/02R, 02/12102R, 04/08/02R
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