Agmt to Conds 15693 E 14th St 09012021

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2. The Applicant/Property Owner/Developer shall be responsible for assuring that any successor in interest who assumes responsibility for this zoning approval is informed of its terms and conditions. 3. Pursuant to Government Code section 65913.4(f)(1) this approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making at or below 80 percent of the area median income. Pursuant to Government Code section 65913.4(f)(3) this approval shall remain valid for three years from the date of the final action establishing that approval and shall remain valid thereafter as long as vertical construction of the development has begun and is in progress. Additionally, the Applicant/Property Owner may request, and the Zoning Enforcement Official shall have discretion to grant without notice or a public hearing, an additional one-year extension to the original three-year period. The Zoning Enforcement Official's action and discretion in determining whether to grant the foregoing extension shall be limited to considerations and processes set forth in Government Code section 65913.4. H. PERMITTED USE 1. Permitted Use. This Site Plan Review is an approval to construct a 497-unit, multi -family residential project on a 3.6-acre site at 15693 E. 14th Street. Alameda County Assessor's Parcel Numbers 80C-500-005-00, 80C-500-31-00, 80C-500- 31-00, 80C-500-033-00. 2. Compliance. No application for amendment of the application or Conditions of Approval shall be submitted or accepted for processing by the City unless (i) there is full compliance with all terms of the application and Conditions of Approval; or (ii) the Zoning Enforcement Official and/or Community Development Director can waive compliance with the terms of the application if they are minor in content. Notwithstanding the forgoing, pursuant to Government Code Section 65913.4(g)(1)(A) the Applicant/Property Owner may request a modification to the Conditions of Approval and approved plans if that request is submitted to the City before the issuance of the final building permit required for construction of the development. The City shall approve the modification if it is consistent with the objective planning standards that were in effect when the original development application was first submitted on July 14, 2020. 3. Modifications. Construction of the project shall remain in substantial compliance with the approved exhibits and plans. Modifications to the approved Conditions of Approval and Plan Exhibits shall require resubmittal of a revised Site Plan Review application in accord with Zoning Code Section 5.12.132(C), "Changed Plans." The Zoning Enforcement Official shall review the application to determine if the proposed substitutions or alterations necessitate referral to the Site Development Subcommittee for review. The Zoning Enforcement Official may approve changes to approved plans or Conditions of Approval without a public Agreement to Conditions August 3, 2021 PLN20-0022 15693 E. 14th Street Page 4 of 20