RecD08 2008-086768 - Laserfiche WebLink

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I' (e) Initiative and Referendum. If during the Term any City Law, including without limitation any moratorium or other limitation (whether relating to the rate, timing, phasing or sequencing of development affecting subsequent maps, building permits or other entitlements to use that are approved or to be approved, issued or granted within the City, or portions of the 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 this Agreement, such City Law shall not apply to the Project, unless such moratorium or limitation is imposed as part of a declaration of a local emergency or state of emergency as defined in Government Code Section 8558. This Paragraph (e) shall have no application to any referendum on any City legislative action which action occurs before the Effective Date, including without limitation approval of the Precise Plan or of any City zoning amendment. (f) Certain Rules and Regulations Not Affected; Applicable Rules. During the Term, the City may apply pre-existing, new or modified City Laws to the Property which are consistent with those applicable to the Property under this Agreement and consistent with the Precise Plan as in effect on the Effective Date. Where the Precise Plan does not apply and this Agreement does not otherwise provide, the ordinances, resolutions, rules, regulations and official policies 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 with 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, rules, regulations and policies which are permitted under this Section ("Applicable Rules"). Notwithstanding any provision of this Agreement to the contrary, the Building Code and fire, plumbing, mechanical, and electrical codes applicable to any portion of the Project shall be those applicable without reference to this Agreement. It is understood that the Project will require subdivision of the Property, and nothing in this Agreement shall be deemed to be an approval in advance of any subdivision, which applications shall be processed as stated in Section 1.3( c) of this Agreement. City agrees that for those portions of the Project located on land that does not require Marina fill, City shall not condition or delay the issuance of tentative maps, other discretionary approvals, or building permits upon the issuance of state and federal regulatory approvals that may be required for other portions of the Property for which fill may be necessary. Instead, City agrees that it shall process and issue applicable approvals and permits while applications are pending for the Marina fill property. (g) Interpretation of Precise Plan; Key Elements. The following shall be the "Key Elements" of the Project for purposes of Section 1.2(a) of this Agreement: (1) maximum number of residential units and maximum commercial square footage; (2) uses allowable; (3) minimum or maximum setbacks, building heights, floor plates or other building dimensions (including bulk standards), or spacing between buildings; (4) minimum or maximum interior street widths or inner or outer esplanade dimensions; (5) minimum or maximum areas allowed to be occupied by tower buildings; (6) minimum or maximum areas to be occupied by interior marinas; (7) parking requirements; (8) development phasing; (9) requirements relating to development and/or subsidy ATTY/AGR/2008.013/022708 7