ORD 2010 - Laserfiche WebLink

Section 6.04. Uniform Codes. City may apply to the Project Site, at any time during the Term of this Agreement, then current California Building Code and other uniform construction codes, and City's then current design and construction standards for road and storm drain facilities, provided any such uniform code or standard has been adopted and uniformly applied by City on a City-wide basis and provided that no such code or standard is adopted for the purpose of preventing or otherwise limiting construction of all or any part of the Staples Ranch Project. Section 6.05. No Conflicting City Law. (a) Absent prior written consent of SPA or a potentially affected Developer, City shall not impose on the Staples Ranch Project (whether by action of the City Council or by initiative, referendum or other means any ordinance, resolution, rule, regulation, standard, directive, condition or any other measure or action (each individually, a"City Law") that is in conflict with, or reduces the development rights or assurances provided by, or invalidates or prevails over all or any part of, Applicable Law or any Subsequent Approval ("Conflicting City Law"). In no case shall a Conflicting City Law apply to the Staples Ranch Project and SPA (and its successors and assigns to this Agreement, including but not limited to, the Developers) reserves the right to challenge any Conflicting City Law in court. (b) Without limiting the generality of the foregoing but subject to the provisions of Section 4.04„ absent prior written consent of SPA or a potentially affected Developer, any City Law shall be deemed to be a Conflicting City Law if it would accomplish any of the following results, either by specific reference to the Staples Ranch Project or as part of a general enactment which applies to or affects the Staples Ranch Project: (i) Change any land use designation or permitted use of the Project Site; (ii) Limit or control the availability of public utilities, services or facilities or any privileges or rights to public utilities, services, or facilities (for example, water rights, water connections or sewage capacity rights, sewer connections, etc.) for the Staples Ranch Project; (iii) Limit or control the location of buildings, structures, grading, or other improvements in a manner that is inconsistent with or more restrictive than the limitations included in the Project Approvals or any Subsequent Approvals; (iv) Limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Staples Ranch Project in any manner; 16