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(i) such new or modified ordinances, resolutions, rules, regulations and official policies do not
<br />affect the permitted uses of the Property, the maximum density and intensity of use, the maximum
<br />height, bulk and size of proposed buildings, provisions for reservations or dedication of land for
<br />public purposes and location and maintenance of on site and off site improvements, location of
<br />public utilities and other terms and conditions set forth in this Agreement; and (ii) such laws are
<br />applied on a city-wide basis and in a manner which does not discriminate against Developer.
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<br /> 5. City Approvals.
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<br /> 5.1 Project Approvals. Upon satisfactory completion by Developer of all
<br />required preliminary actions and payments of all required processing fees, if any, City shall, subject
<br />to all legal requirements, promptly initiate, commence, diligently process, and complete, at the
<br />earliest reasonable time, all required steps, and expeditiously consider any approvals and permits in
<br />addition to the Existing Approvals which may be necessary for the development of the Project by
<br />Developer in accordance with this Agreement (the "Project Approvals"). The City shall inform the
<br />Developer, upon request, of the necessary submission requirements for a complete application for
<br />each entitlement for the use of the Subject Property, and shall review said application and schedule
<br />the application for review by the appropriate authority. Such entitlements shall include, but not be
<br />limited to, the following:
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<br /> 5.1.1 The processing of applications for and issuing of all discretionary
<br />approvals requiring the exercise of judgment and deliberations by City, including, without
<br />limitation, tentative subdivision maps and Growth Management Program approval, as more
<br />particularly described in 5.1.3 below ("Discretionary Approvals");
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<br /> 5.1.2 The processing of applications for and issuing of all ministerial
<br />approvals requiring the determination of conformance with the Applicable Rules, including, without
<br />limitation, site plans, development plans, land use plans, grading plans, improvement plans,
<br />building plans and specifications, and issuance of one or more final maps, zoning clearances,
<br />grading permits, improvement permits, wall permits, building permits, lot line adjustments,
<br />encroachment permits, certificate of use and occupancy and approvals and entitlements and related
<br />matters as necessary for the completion of the development of the Property ("Ministerial
<br />Approvals").
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<br /> 5.1.3 Subject to Chapter 17.36 of the Pleasanton Municipal Code, City
<br />shall grant growth management approval to the Project for development as follows:
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<br /> 5.1.3.1 .Developer shall participate in, and be bound by, City of
<br />Pleasanton Ordinance No. 1729, which established a revised growth management program. Under
<br />said Ordinance, the Project shall be categorized as a major project, not as an affordable housing
<br />project, and the Project shall have a right to develop as provided in the Ordinance and as provided
<br />in this Agreement.
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<br /> -5- 10/21/99
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