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21
City of Pleasanton
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CITY CLERK
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2014
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081914
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21
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8/25/2015 4:39:43 PM
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8/12/2014 2:29:00 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
8/19/2014
DESTRUCT DATE
15Y
DOCUMENT NO
21
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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 4.03 or Sections 2.01-2.02, City shall not (a) <br /> impose any conditions of approval or other requirements upon any Subsequent Approvals that <br /> conflict with any Project Approvals or that could prevent or materially increase the cost of <br /> development of the Project pursuant to the Project Approvals; or (b) require any further <br /> legislative level entitlements to enable Developer to build out the Project on the Project Site. <br /> Article V. Miscellaneous. <br /> Section 5.01 Amendment to Project Approvals. <br /> (a) Administrative Project Amendments. Upon the written request of Developer for an <br /> amendment or modification to a Project Approval or Subsequent Approval, the Director <br /> of Community Development or his/her designee shall determine (i) whether the requested <br /> amendment or modification is minor when considered in light of the Project as a whole; <br /> and (ii) whether the requested amendment or modification is substantially consistent with <br /> this Agreement and Applicable Law. If the Director of Community Development or <br /> his/her designee finds that the proposed amendment or modification is minor, <br /> substantially consistent with this Agreement and Applicable Law, and will result in no <br /> new significant impacts not addressed and mitigated in the ISIMND, the amendment shall <br /> be determined to be an "Administrative Project Amendment" and the Director of <br /> Community Development or his designee may, except to the extent otherwise required by <br /> law, approve the Administrative Project Amendment without notice and public hearing. <br /> Without limiting the generality of the foregoing, lot line adjustments, minor alterations in <br /> vehicle circulation patterns or vehicle access points, changes in trail alignments, <br /> substitutions of comparable landscaping for any landscaping shown on any final <br /> development 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 Project <br /> Site diagram or Project Site legal description shall be treated as Administrative Project <br /> 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 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 Agreement which does <br /> not substantially affect (i) the Term of this Agreement, (ii) permitted uses of the Project <br /> Site, (iii) provisions for the reservation or dedication of land, (iv) conditions, terms, <br />
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