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07
City of Pleasanton
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5/1/2013 4:42:53 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/7/2013
DESTRUCT DATE
15Y
DOCUMENT NO
07
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Community Development or his/her designee finds that the proposed amendment or <br /> modification is minor, substantially consistent with this Agreement and Applicable Law, <br /> and will result in no new significant impacts not addressed and mitigated in the Housing <br /> Element EIR and Addendum thereto, the amendment shall be determined to be an <br /> "Administrative Project Amendment" and the Director of Community Development or his <br /> designee may, except to the extent otherwise required by law, approve the <br /> Administrative Project Amendment without notice and public hearing. Without limiting <br /> the generality of the foregoing, lot line adjustments, minor increases or reductions in the <br /> density which do not affect the number of required affordable units as described in <br /> Section 3.04 above, minor increases or decreases in the intensity, scale or scope of the <br /> Project, minor alterations in vehicle circulation patterns or vehicle access points, <br /> changes in trail alignments, substitutions of comparable landscaping for any landscaping <br /> shown on any final development plan or landscape plan, variations in the location of <br /> structures that do not substantially alter the design concepts of the Project, variations in <br /> the location or installation of utilities and other infrastructure connections or facilities that <br /> do not substantially alter the design concepts of the Project, and minor adjustments to <br /> the Project Site diagram or Project Site legal description shall be treated as <br /> Administrative Project Amendments. <br /> (b) Other Project Amendments. Any request of Developer for an amendment <br /> or modification to a Project Approval or Subsequent Approval which does not satisfy the <br /> requirements for an Administrative Project Amendment shall be subject to the review, <br /> consideration and action by City pursuant to the Applicable Law and this Agreement. <br /> Section 5.02.Amendment of Agreement. This Agreement may be amended from time to time, <br /> in whole or in part, by mutual written consent of the parties hereto or their successors in interest, <br /> as follows: <br /> (a) Administrative Agreement Amendments. Any amendment to this <br /> Agreement which does not substantially affect (i) the Term of this Agreement, (ii) <br /> permitted uses of the Project Site, (iii) provisions for the reservation or dedication of <br /> land, (iv) conditions, terms, restrictions or requirements for subsequent discretionary <br /> actions, (v) the density or intensity of use of the Project Site or the maximum height or <br /> size of proposed buildings, or (vi) monetary contributions by Developer, shall not, except <br /> to the extent otherwise required by law, require notice or public hearing before the <br /> parties may execute an amendment hereto. Such amendment may be approved by the <br /> Community Development Director who shall make the determination in the context of the <br /> overall Project. <br /> (b) Amendment Exemptions. No amendment of a Project Approval or <br /> Subsequent Approval shall require an amendment to this Agreement. Instead, any such <br /> amendment automatically shall be deemed to be incorporated into the Project and <br /> vested under this Agreement. <br /> (c) Scope of Amendment. An amendment to this Agreement may properly <br /> address new impacts, if any, resulting from the proposed amendment and shall not <br /> serve as an opportunity for City to revisit vested rights unrelated to such amendment. <br /> Section 5.03.Cooperation in Event of Legal Challenge. In the event of an administrative, legal <br /> or equitable action or other proceeding instituted by any person not a party to this Agreement <br /> challenging the validity of this Agreement or any Project Approval or Subsequent Approval, the <br /> 8 <br />
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