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07052022 Agenda Packet
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07052022 Agenda Packet
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CM City Clerk-City Council - Document Type
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7/5/2022
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33 <br /> <br />extent such amendments are considered by the Community Development Director, in his or her <br />sole discretion, to constitute a major amendment. In such case, Developer consents to any major <br />amendment’s review before the Planning Commission for approval or recommendation to the <br />City Council, whose review and approval or denial shall be final. All phases and elements of the <br />Project described in this Development Agreement and the Project Approvals, including, but not <br />limited to, the permitted uses of the Developer Acquired Property, the minimum and maximum <br />density and amount of square feet allocated to commercial and retail space or residential units, <br />the intensity of use, the maximum height and size of the proposed buildings, provisions for <br />reservation or dedication of land for public purposes, the conditions, terms, restrictions and <br />requirements for subsequent discretionary actions, the provisions for Public Improvements and <br />financing of Public Improvements, and the other terms and conditions of development as set <br />forth in all such amendments, except those considered by the Community Development Director <br />to be a major amendment, shall be automatically vested pursuant to this Development <br />Agreement, without requiring an amendment to this Development Agreement. Amendments to <br />the Project Approvals shall be governed by the Project Approvals and the Applicable Rules, <br />subject to Article 6. City shall not request, process or consent to any amendment to the Project <br />Approvals that would affect the Developer Acquired Property or the Project without Developer’s <br />prior written consent, which shall be reasonably considered by the Developer in good faith. <br />6.6. Administrative Amendments. Upon the request of Developer for an amendment <br />or modification of any Project Approval, the Community Development Director or his/her <br />designee shall determine: (a) whether the requested amendment or modification is minor when <br />considered in light of the Project as a whole; and (b) whether the requested amendment or <br />modification substantially conforms with the material terms of this Development Agreement and <br />the Applicable Rules. If the Community Development Director or his/her designee finds that the <br />requested amendment or modification is both minor and substantially conforms with the material <br />terms of this Development Agreement and the Applicable Rules, the amendment or modification <br />shall be determined to be an “Administrative Amendment,” and the Community Development <br />Director or his or her designee may approve the Administrative Amendment, without public <br />notice or a public hearing. Without limiting the generality of the foregoing, lot line adjustments, <br />minor alterations in vehicle circulation patterns or vehicle access points, variations in the design <br />(including, but not limited to, architectural details, materials, and signage) or location of <br />structures that do not substantially alter the design concepts of the Project, substitution of <br />comparable landscaping for any landscaping shown on any development plan or landscape plan, <br />variations in the location or installation of utilities and other infrastructure connections and <br />facilities that do not substantially alter design concepts of the Project, and minor adjustments to <br />the Property legal description shall be deemed to be minor amendments or modifications. Any <br />request of Developer for an amendment or modification to a Project Approval that is determined <br />not to be an Administrative Amendment as set forth above shall be subject to review, <br />consideration and action pursuant to the Applicable Rules and this Agreement. <br />6.7. City Approvals of Amendments and Other Actions. The City shall maintain the <br />authority to approve amendments pursuant to this Article 6 and to otherwise implement this <br />Development Agreement through the City Manager (or designee). The City Manager (or <br />designee) shall have the authority to enter into amendments of this Development Agreement on <br />behalf of the City, to make and execute further agreements, make approvals, issue <br />interpretations, and/or waive provisions hereof, so long as such actions do not materially or
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