Laserfiche WebLink
<br /> 19 <br /> <br /> <br />(including the Subsequent Approvals) subject to the following (except that the procedures for <br />amendment of this Development Agreement are set forth in Section 4.2 herein). <br />4.4.1. Amendments to Project Approvals – Major Amendments. Project <br />Approvals (except for this Development Agreement the amendment process for which is set <br />forth in Section 4.2) may be amended or modified from time to time, but only at the written <br />request of Developer or with the written consent of Developer (at its sole discretion) and in <br />accordance with Section 2.4. All amendments to the Project Approvals shall automatically <br />become part of the Project Approvals, and shall be considered an Administrative Amendment as <br />set forth in Section 4.4.2, except to the extent such amendments are considered by the <br />Community Development Director, in his or her sole discretion, to constitute a major <br />amendment. In such case, Developer consents to any major amendment’s review before the <br />Planning Commission for approval or recommendation to the City Council, whose review and <br />approval or denial shall be final. All phases and elements of the Project described in this <br />Agreement and the Project Approvals, including but not limited to the permitted uses of the <br />Property, the minimum and maximum density and amount of square feet allocated to commercial <br />and retail space, the intensity of use, the maximum height and size of the proposed buildings, <br />provisions for reservation or dedication of land for public purposes, the conditions, terms, <br />restrictions and requirements for subsequent discretionary actions, the provisions for public <br />improvements and financing of public improvements, and the other terms and conditions of <br />development as set forth in all such amendments, except those considered by the Community <br />Development Director to be a major amendment, shall be automatically vested pursuant to this <br />Development Agreement, without requiring an amendment to this Development Agreement. <br />Amendments to the Project Approvals shall be governed by the Project Approvals and the <br />Applicable Rules, subject to Section 2.4. City shall not request, process or consent to any <br />amendment to the Project Approvals that would affect the Property or the Project without <br />Developer’s prior written consent, which may be granted or withheld in Developer’s sole <br />discretion. <br />4.4.2. Administrative Amendments to Project Approvals. Upon the request of <br />Developer for an amendment or modification of any Project Approval, the Community <br />Development Director or his/her designee shall determine: (a) whether the requested amendment <br />or modification is minor when considered in light of the Project as a whole; and (b) whether the <br />requested amendment or modification substantially conforms with the material terms of this <br />Development Agreement and the Applicable Rules. If the Community Development Director or <br />his/her designee finds that the requested amendment or modification is both minor and <br />substantially conforms with the material terms of this Development Agreement and the <br />Applicable Rules, the amendment or modification shall be determined to be an “Administrative <br />Amendment,” and the Community Development Director or his or her designee may approve <br />the Administrative Amendment, without public notice or a public hearing. Without limiting the <br />generality of the foregoing, lot line adjustments, minor alterations in vehicle circulation patterns <br />or vehicle access points, and variations in the design or location of structures that do not <br />substantially alter the design concepts of the Project, substitution of comparable landscaping for <br />any landscaping shown on any development plan or landscape plan, variations in the location or <br />installation of utilities and other infrastructure connections and facilities that do not substantially <br />alter design concepts of the Project, and minor adjustments to the Property legal description shall <br />be deemed to be minor amendments or modifications. Any request of Developer for an