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Section 4.8), and this Agreement; (iv) limit the timing, phasing, or rate of development of the
<br />Property; (v) limit the location of building sites, grading, or other improvements on the Property
<br />in a manner that is inconsistent with or substantially more restrictive than the limitations included
<br />in the Project Approvals and this Agreement; (vi) limit or control the ability to obtain public
<br />utilities, services, or facilities (provided, however, nothing herein shall be deemed to exempt the
<br />Project or the Property from any water use rationing requirements that may be imposed on a City-
<br />wide basis from time to time in the future or be construed as a reservation of any existing sanitary
<br />sewer or potable water capacity); (vii) require the issuance of additional permits or discretionary
<br />approvals by City other than those required by Applicable City Regulations, the Project Approvals,
<br />and this Agreement; (viii) establish, enact, increase, or impose against the Project or the Property
<br />any special taxes or assessments other than those specifically permitted by this Agreement,
<br />including Section 5.2; (ix) apply to the Project any New City Laws that are not uniformly applied
<br />on a City-wide basis to all substantially similar types of development projects and project sites;
<br />(x) impose against the Project any condition or exaction, including and dedication, not specifically
<br />authorized by Applicable City Regulations, the Project Approvals or this Agreement; or (xi) limit
<br />the processing or procuring of applications and approvals of Subsequent Approvals.
<br />Section 4.2 Vested Rights of Developer. Developer shall have the vested right to
<br />develop the Property, the Project, the Affordable Site and the Affordable Housing Project in
<br />accordance with and subject to the terms and conditions of this Agreement, the Project Approvals,
<br />the Partial Assignment and Assumption Agreement, and the Applicable City Regulations, which
<br />shall control the permitted uses, density and intensity of use of the Property, and the maximum
<br />height and size of buildings on the Property.
<br />Section 4.3 Reservations of City Authority. Notwithstanding any other provision ofthis
<br />Agreement to the contrary, the following City regulations and provisions shall apply to the
<br />development of the Project:
<br />A. Regulations_ relating to hearing bodies, petitions, applications, notices,
<br />lo findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure
<br />then applicable in City at the time the development permit application is deemed complete;
<br />B. Regulations governing construction standards and specifications, including
<br />City's building code, plumbing code, mechanical code, electrical code, fire code, and grading code,
<br />and all other uniform construction codes then applicable in City at the time the permit application
<br />is deemed complete;
<br />C. New City Laws applicable to the Property or Project at the time the permit
<br />application is deemed complete, which do not conflict with the Project Approvals, any other
<br />provision of this Agreement, or Developer's vested rights under Section 4.2;
<br />D. New City Laws which may be in conflict with the Project Approvals or this
<br />Agreement, but which are necessary to protect persons or property from dangerous or hazardous
<br />conditions that create a threat to the public health or safety or create a physical risk.
<br />Section 4.4 Regulation by Other Public Agencies. Developer acknowledges and agrees
<br />that other public agencies not within the control of City possess authority to regulate aspects of the
<br />ATrY/AGR/2025.085-901 EL CAMINO REAL DA
<br />REV: 08-01-25 VR
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