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Director of Community Development or his/her designee shall determine (i) <br /> whether the requested amendment or modification is minor when considered in <br /> light of the Project as a whole; and (ii) whether the requested amendment or <br /> modification is substantially consistent with this Agreement and Applicable Law. <br /> If the Director of Community Development or his/her designee finds that the <br /> proposed amendment or modification is minor, substantially consistent with this <br /> Agreement and Applicable Law, and will result in no new significant impacts not <br /> addressed and mitigated in the Housing Element EIR and Addendum thereto, the <br /> amendment shall be determined to be an "Administrative Project Amendment" <br /> and the Director of Community Development or his designee may, except to the <br /> extent otherwise required by law, approve the Administrative Project Amendment <br /> without notice and public hearing. Without limiting the generality of the <br /> foregoing, lot line adjustments, minor increases or reductions in the density which <br /> do not affect the number of required affordable units as described in Section 3.04 <br /> above, minor increases or decreases in the intensity, scale or scope of the Project, <br /> minor alterations in vehicle circulation patterns or vehicle access points, changes <br /> in trail alignments, substitutions of comparable landscaping for any landscaping <br /> shown on any final development plan or landscape plan, variations in the location <br /> 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 <br /> connections or facilities that do not substantially alter the design concepts of the <br /> Project, and minor adjustments to the Project Site diagram or Project Site legal <br /> description shall be treated as Administrative Project Amendments. <br /> (b) Other Project Amendments. Any request of Developer for an amendment or <br /> modification to a Project Approval or Subsequent Approval which does not <br /> satisfy the requirements for an Administrative Project Amendment shall be <br /> subject to the review, consideration and action by City pursuant to the Applicable <br /> 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 Agreement <br /> which does not substantially affect (i) the Term of this Agreement, (ii) permitted <br /> uses of the Project Site, (iii) provisions for the reservation or dedication of land, <br /> (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 <br /> height or size of proposed buildings, or (vi) monetary contributions by Developer, <br /> shall not, except to the extent otherwise required by law, require notice or public <br /> hearing before the parties may execute an amendment hereto. Such amendment <br /> may be approved by the Community Development Director who shall make the <br /> determination in the context of the overall Project. <br /> (b) Amendment Exemptions. No amendment of a Project Approval or Subsequent <br /> Approval shall require an amendment to this Agreement. Instead, any such <br /> -9- <br />