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Last modified
9/5/2024 9:38:54 AM
Creation date
8/29/2024 12:13:23 PM
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Contracts
Company Name
J & K COMMUNICATIONS
Contract #
A-1998-088
Agency
Finance & Management Services
Destruction Year
2003
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5.3 Design and Construction Standards and Specifications. The design <br />and construction standards and specifications for all Project construction, including without <br />limitation the facilities set forth in the Storm Drain Locational Plan, shall be subject to applicable <br />design standards and guidelines in effect at the time that any development approval shall be <br />sought for the Project or any unit or structure contained within the Project. <br />5.4 Maximum Height and Size of Structure. The maximum height and size <br />for all structures shall be as provided in the applicable zoning classifications. <br />5.5 Future Discretionary Approvals. This Agreement shall not prevent the <br />City, when considering requests for discretionary approvals not covered by Section 5.2 of this <br />Agreement subsequent to -the effective date of this Agreement, from applying new rules, <br />regulafions, -and policies which are applicable to the Property, including but not limited to, <br />changes in the general plans, specific plans, zoning, subdivision or building regulations, nor shall <br />this Agreement prevent the City from denying or conditionally approving any subsequent <br />applications for land use entitlements based on such existing or new rules, regulations, and/or <br />policies; provided however, that such new rules, regulations, and official policies are of general <br />application to all development within the City and are not imposed solely with respect to the <br />subject property. In addition, this Agreement shall not prevent the City from exercising its police <br />power to protect the health, safety, and welfare of the public. This police power, exercised in <br />accordance with Section 5.2 of this Agreement, is paramount to any rights or obligations created <br />or existing between the parties. <br />5.6 Processing Fees. All fees and charges intended to cover City costs <br />associated with processing development of the Property, including but not limited to fees and <br />charges for applications, processing, inspections, plan review, plan processing, and/or <br />environmental review, which are existing or may be revised or adopted during the term of this <br />Agreement, shall apply to the development of the Property. <br />5.7 Amendments or Additions to Citywide Fee Programs. This Agreement <br />shall not preclude the inclusion of and changes to fee programs, taxes whether special or general, <br />or assessments (hereafter collectively referred to as "fees") adopted by the City after the effective <br />date of this Agreement, which shall be applicable to the Project or the Property provided that they <br />(1) are standard fees applicable to all development in the City (although actual fee rates may vary <br />within the City where bona fide Citywide fee zones have been established), (2) are not applicable <br />primarily or only to this Project, or (3) are not imposed to either (a) mitigate, offset or <br />compensate for Project impacts which were analyzed in the negative declaration prepared for the <br />Project, or (b) duplicate any project design features conditions of approval, agreements, or <br />mitigation measures contained in the Development Plan or this Agreement. <br />5.8 Development, Construction and Completion of Project. In <br />consideration for the extraordinary and significant benefits set forth in this Section, the Owner has <br />been legally vested under Section 5.2 with regard to the permitted uses of land, density, and <br />intensity of use. Facilities specified below must be designed and/or constructed prior to the <br />triggering event. <br />Facilities to Be Constructed Triggering Event (E.g., New Use or New Areal <br />7 <br />
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