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PUD-80-2-2M ("PUD") adopted as Ordinance No. 1257 on June 17, <br />1986. Notwithstanding anything herein to the contrary, City <br />shall not, without Developer's consent, require public <br />improvements other than as described in the PUD 'and this <br />Agreement, or as otherwise provided by California law. <br />1.2 Design Review. City and Developer agree that City <br />does not give up its right, by entering into this Agreement, to <br />subsequently exercise discretionary .design review approval of <br />site plans as provided in the PUD, including the right to <br />require mitigations reasonably related to the particular site <br />approval. However, City shall not exercise such discretion in <br />a manner which will materially interfere with the development <br />of the Property for the uses and to the density and intensity <br />set forth in the PUD or arbitrarily increase the cost of <br />development. <br />2. EFFECT OF AGREEMENT. <br />2.1 Local Rules. The Property shall be subject to all <br />the rules, regulations, and official policies and fees (e.g., <br />General Plan, zoning code, subdivision code, building code <br />[collectively "Local Rules"]) of City governing uses, density, <br />height, design, public improvements and construction standards <br />which are in effect at the time the Agreement is executed and <br />any (i) changes to the Local Rules or (ii) new Local Rules; <br />provided, however, such changes or new Local Rules shall not <br />apply if they materially interfere with (A) development of the <br />Property for the uses and to the height, density and intensity <br />-5- <br />