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Exhibit C <br /> determine (i) whether the requested amendment or modification is minor when <br /> considered in light of the Project as a whole; and (ii) whether the requested <br /> amendment or modification is substantially consistent with this Agreement and <br /> Applicable Law. If the Director of Community Development or his/her designee <br /> finds that the proposed amendment or modification is minor, substantially <br /> consistent with this Agreement and Applicable Law, and will result in no new <br /> significant impacts not addressed and mitigated in the Housing Element EIR and <br /> Addendum thereto, the amendment shall be determined to be an "Administrative <br /> 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 <br /> limiting the generality of the foregoing, lot line adjustments, minor increases or <br /> reductions in the density which do not affect the number of required affordable <br /> units as described in Section 3.03 above, minor increases or decreases in the <br /> intensity, scale or scope of the Project, minor alterations in vehicle circulation <br /> patterns or vehicle access points, changes in trail alignments, substitutions of <br /> comparable landscaping for any landscaping shown on any final development <br /> plan or landscape plan, variations in the location of structures that do not <br /> substantially alter the design concepts of the Project, variations in the location or <br /> installation of utilities and other infrastructure connections or facilities that do not <br /> substantially alter the design concepts of the Project, and minor adjustments to the <br /> 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 <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 <br /> from time to time, in whole or in part, by mutual written consent of the parties hereto or their <br /> successors in interest, 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 <br /> of land, (iv) conditions, terms, restrictions or requirements for subsequent <br /> discretionary actions, (v) the density or intensity of use of the Project Site or the <br /> maximum height or size of proposed buildings, or (vi) monetary contributions by <br /> Developer, shall not, except to the extent otherwise required by law, require <br /> notice or public hearing before the parties may execute an amendment hereto. <br /> Such amendment may be approved by the Community Development Director who <br /> shall make the determination in the context of the 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 <br /> -11- <br />