ORD 2143 - Laserfiche WebLink

which are necessary or desirable for the Project. The Subsequent Approvals may include, without limitation,the following: amendments of the Project Approvals, lot line adjustments and/or subdivision maps (to create the three lot tract map for the Project), improvement agreements, grading permits,building permits, sewer and water connection permits, and certificates of occupancy. The Subsequent Approvals shall be deemed tools to implement those final policy decisions reflected by the Project Approvals and shall be issued by City so long as they comply with this Agreement and Applicable Law and are not inconsistent with the Project Approvals. The City shall not require any further legislative level entitlements to enable Developer to build out the Project. Article V Miscellaneous. Section 5.01. Amendment to this Agreement. a. Administrative Project Amendments. Upon the written request of Developer for an amendment or modification to a Project Approval or Subsequent Approval,the Director of Community Development or his/her designee shall determine: (i)whether the requested amendment or modification is minor when considered in light of the Project as a whole; and (ii)whether the requested amendment or modification is substantially consistent with this Agreement and Applicable Law. If the Director of Community Development or his/her designee finds that the proposed amendment or modification is minor, substantially consistent with this Agreement and Applicable Law, the amendment shall be determined to be an"Administrative Project Amendment" and the Director of Community Development or his/her designee may, except to the extent otherwise required by law, approve the Administrative Project Amendment without notice and public hearing b. Other Project Amendments. Any request of Developer for an amendment or modification to a Project Approval or Subsequent Approval which does not satisfy the requirements for an Administrative Project Amendment shall be subject to the review, consideration and action by City pursuant to the Applicable Law and this Agreement. Section 5.02. Amendment of Agreement. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the parties hereto or their successors in interest, as follows: a. Administrative Agreement Amendments. Any amendment to this Agreement which does not substantially affect: (i)the Term of this Agreement, (ii) permitted uses of the Project Site, (iii)provisions for the reservation or dedication of land, (iv) conditions, terms, restrictions or requirements for subsequent discretionary actions, (v) the density or intensity of use of the Project Site or the maximum height or size of proposed buildings; or(vi) monetary contributions by Developer, shall not, except to the extent otherwise required by law, require notice or public hearing before the parties may execute an amendment hereto. Such amendment may be approved by the Community Development Director or his or her designee who shall make the determination in the context of the overall Project. 6 of 10