ORD 2218 - Laserfiche WebLink

or after completion) should it become necessary, including, but not limited to a natural disaster, changes in seismic requirements, commercially not feasible, functionally outdated, or technologically obsolete reasons. Any such renovation or rebuilding shall be subject to the square footage vested by this Agreement,and shall comply with the Project Approvals,the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA Article V. Miscellaneous. Section 5.01 Recitals. The Recitals set forth above, specifically Recitals A-J, are hereby fully incorporated into and made a part of this Agreement by reference. Section 5.02 Amendment to Project Approvals. (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, and will result in no new significant impacts not addressed and mitigated in the Initial Study/Mitigated Negative Declaration, the amendment shall be determined to be an "Administrative Project Amendment"and the Director of Community Development or his designee may, except to the extent otherwise required by law,approve the Administrative Project Amendment without notice and public hearing. Without limiting the generality of the foregoing, lot line adjustments, minor increases or decreases in the intensity, scale or scope of the Project, minor alterations in vehicle circulation patterns or vehicle access points, substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan, minor variations in the location of structures that do not substantially alter the design concepts of the Project, variations in the location or installation of utilities and other infrastructure connections or facilities that do not substantially alter the design concepts of the Project, and minor adjustments to the Project or Property legal description shall be treated as Administrative Project Amendments. (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 5.03 Processing Subsequent Approvals. "Subsequent Approvals" shall mean those certain other land use approvals,entitlements,and permits other than the Project Approvals,which are necessary or desirable for the development of the Project on the Property as, determined by Developer. The Subsequent Approvals may include, without limitation, the following: amendments of the Project Approvals, lot line adjustments and/or subdivision maps, improvement agreements,design review of Phase 2/3 buildings and site improvements,grading permits,building 4412928_2 -10 June 5 2021