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