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The Subsequent Approvals shall be deemed tools to implement those final policy decisions <br /> reflected by the Project Approvals and shall be issued by City so long as they comply with this <br /> Agreement and Applicable Law and are not inconsistent with the Project Approvals. Without <br /> limiting the preceding provisions of this Section 4.4 or Sections 2.1-2.2, City shall not(a) impose <br /> any conditions of approval or other requirements upon any Subsequent Approvals that conflict <br /> with any Project Approvals or that could prevent or materially increase the cost of development <br /> of the Project pursuant to the Project Approvals; or (b) require any further legislative level <br /> entitlements to enable Developer to build out the Project on the Project Site. <br /> ARTICLE 5 <br /> Miscellaneous <br /> Section 5.1 Amendment to Project Approvals or Subsequent Approvals <br /> (a) Administrative Project Amendments. Upon the written request of <br /> Developer for an amendment or modification to a Project Approval or Subsequent <br /> Approval, the Director of Community Development or his/her designee shall determine <br /> (i) whether the requested amendment or modification is minor when considered in light <br /> of the Project as a whole; and (ii) whether the requested amendment or modification is <br /> substantially consistent with this Agreement and Applicable Law. If the Director of <br /> 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 <br /> his 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 3.4 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, minor <br /> variations in color, changes in trail alignments, substitutions of comparable landscaping <br /> for any landscaping shown on any final development plan or landscape plan, variations in <br /> the location of structures that do not substantially alter the design concepts of the Project, <br /> variations in the location or installation of utilities and other infrastructure connections or <br /> facilities that do not substantially alter the design concepts of the Project, and minor <br /> adjustments to 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 5.2 Amendment of Agreement <br /> 65453\4242646v3 8 <br />