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NS-2193 - Adopting Specific Development Plan No. 59 for Said Property, and Approving a Development Agreement Between the City of Santa Ana ...
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NS-2193 - Adopting Specific Development Plan No. 59 for Said Property, and Approving a Development Agreement Between the City of Santa Ana ...
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1/3/2012 1:02:49 PM
Creation date
6/26/2003 10:08:08 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2193
Date
5/3/1993
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-,, 153.1J <br /> <br />the Map, except to the extent that such new requirements or <br />conditions are necessitated by the new location of the lot lines <br />because of Building Code requirements or other requirements of law. <br /> <br />~. Development of the Propsrty; Vesting of Devslopmsnt Rights. <br /> <br />(a) Oenerel at&t~aent. <br /> <br /> Notwithstanding any subsequent changes to the General <br />Plan, the Plan, the Redevelopment Plan, the Zoning of the Property, <br />or any other change affecting the development or use of the <br />Property, including without limitation any changes imposed by any <br />initiative approved by the voters, and except as specifically set <br />forth herein, Developer shall have the vested right to proceed with <br />the development of the Property in accordance with the Approvals <br />and all Existing Development Regulations, as defined below. As a <br />material inducement to the Developer and its lenders to continue <br />its diligence to promote the development of the Property, the City <br />desires to cause all development rights which may be required to <br />develop the Property to completion with buildings and related <br />improvements consistent with the Approvals, to be deemed vested as <br />of the date of this Development Agreement and to be free of all <br />discretionary rights of the City, except as herein provided. <br />Notwithstanding the foregoing, nothing set forth in this Develop- <br />ment Agreement shall be deemed to require Developer to complete the <br />Development. <br /> <br />(b) Existing Davslopmsnt RsgUlations. <br /> <br /> In accordance with the terms of Government Code Section <br />65866, the city and the Developer agree that the ordinances, rules, <br />regulations and official policies of the City, including the Plan <br />(collectively, the "Existing Development Regulations") in effect as <br />of the date of this Development Agreement governing the design, <br />density, height, permitted land uses, timing and phasing, and other <br />improvement and construction standards applicable to the Develop- <br />ment shall govern during the Term of this Development Agreement. <br />Except as otherwise provided in this Development Agreement, without <br />Developer's written approval, no amendment to or revision of, or <br />addition to any of the Existing Development Regulations or the <br />Plan, whether adopted or approved by the City Council or any <br />office, board, commission or other Agency of the City, or by the <br />people of the city through charter amendment or initiative measure, <br />shall be effective or enforceable by the city with respect to the <br />Development, its design, grading, construction, remodeling, use or <br />occupancy, or schedule of development. <br /> <br />(o) Exclusion from Dsfinition of Existing Dsvalopmsnt <br /> agulations. <br /> <br />As used herein, Existing Development Regulations shall not <br /> <br />8 <br /> <br /> <br />
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