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7C Page 227 City, is enacted or imposed by initiative or referendum, or enacted or approved by the City directly or indirectly in connection with any proposEd initiative or referendum,which City Law would conflict with this Agreement or the Precise Plan, or would reduce the development rights provided under t�zs Agreement, such City Law shall not apply to the Fraject,unless such maratorium or lim.itation i.s imposed as part of a declaration of a local emergency or state of emergez�cy as defined in Governmeni Code Section 8558. This Para�raph (e) shail have no application to any referenduni on any City legislative action whicli actioi� occurs before the Effective Date, including without limitation approval of the Precise Plan or of aa�.y City zoning amendment. (fl Certain Rules and Re�.ilations Not Affec±ed; Applicable Rules. During the Term, the City may apply pre-existing, new or modified City Laws to the Pr�perty which are con:sistent with those applicable to the Praperty under this Agreement and cansistent with the Precise Plan as in effeci on the Effective Date. Where the Precise Plan does not apply and this Agreement �oes not otherwisc provi�e,the ordinances,:esolutions, ra�es, regulation.s and of�cial palicies governing design, improvement and construction standards and specifications for public improvements to be constructed by Developer shall be those in force and effect at the time of the applicable permit approval. Nothing in this Agreement shall prevent the City from denying or conditionally approving, on terms consistent vvith the Precise Plan and the provisions of this Agreement, any subsequent land use permit or authorization for the Project on the basis of ordinances,resolutions, ntles, regulations and policies which are pennitted under this Section ("Applicable Rules"}. Notwithstanding any provision of this Agreement to the contrary,the Building Code and fire, piumbing, mechanical, and electrical codes applicable to any portion of the Project shall be tl�ose applicahle withou.t reference to tl�is Agreement. It is understood that � the Project will require suUdivision of the Property, and nothing in this Agreement shail be deemed to be an approval in advance of any subdivision, which applications shall be processed as stated in Section 1.3(c) of tliis Agreement. City agrees that for those portions of the Project located oi�land that does not require Marina fill, City shali not condition or delay the issuance of tentative nZaps, ather discretionary approvals, or bnilding permits upon the issuance of state and federal regutatory approvals tl�at may be required for other portions of the Property for which f 11 may be necessary. Instead, City agrees that it shall process and issue appficable approvals arld permits while applications are pe»ding for the Marina fill property. (g) Tnterpretatio�� of Precise Plan; Kev Elements. The following shail be the"Key Elements"of the Project for pu:poses of Section 1.2{a)of this Agreemei�t: {1}maximum number of residei�tial u».its and znaxizz�um coz�amercial square footage; (2) uses allowaUle; (3}minixnum or maximum setbacks,buildii�g heigl�ts, #loor plates or other building rlime�isions(inciuding buik standards), or spacu7g between buildings; (4�}minimum or maximum interior street widths or inner or outer esplanade dimensions; (5) minimum or maximuzn areas allowed to be occupied by tower huildiz�gs; (6)kninin��zzn or maxi.inum areas to be occupied by interior marinas; (7) parkizag requirements; (8} development phasing; (9}requirements relatii�g to development and/or subsidy of affardable housing; (I O)requiremcnts relating to construction and/or financing of public improvements; a�id (11} requirements relating to provision and/or subsidy of childcare services and facilities, all as set forth under tlle Precise Pian or this Agreement and the exhibits attaclaed l�ereta. Tlze maximum number of residential units, maxi.mum commercial square footage, and the uses allowable under the Precise Plan (in accordance with the tenns of the Precise Plasi} are �.o2s�a3-� 6 DRAFT 12/12/07 3:00 PM