ORD 1792 - Laserfiche WebLink

hereto, and may be further clarified from time to time as necessary with future approval by City and Developer. No such operating memoranda shall constitute an amendment to this Agreement requiring public notice or hearing. The City Attomey shall be authorized to make the determination whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is of such a character to require an amendment hereto pursuant to Paragraph 8.2 The parties agree that modifications which would be categorized as exempt under the Califomia Environmental Quality Act CCEQA"), or which, after an initial study, the City determines do not require any further environmental review, or do not increase the use, density or intensity or use or the maximum height, bulk, size or architectural styles of proposed buildings may be effectuated through operating memoranda pursuant to this Section. The City Manager may execute any operating memoranda hereunder without City Council action. Landowner's consent to such operating memoranda shall not be required. 9. Term of Project Approvals. Pursuant to Califomia Government Code Section 66452.6(a), the term of any tentative map and the other Project Approvals shall automatically be extended for the term of this Agreement. 10. Annual Review. 10. 1 Review Date. The annual review date for this Agreement shall be on the first anniversary of the Effective Date, and each following anniversary. 10.2 Annual Review Process. The Director of Planning and Community Development for the City ("Director") shall initiate the annual review by giving to Developer at least thirty (30) days' written notice that the City intends to undertake such review. Developer shall provide evidence of good faith compliance with the terms and conditions of this Agreement to the Director within thirty (30) days following receipt of the Director's notice. The Director shall review the evidence submitted by Developer and shall, within thirty (30) days following receipt of Developer's evidence, make a recommendation to the City Council either (a) that the City Council find that Developer has demonstrated good faith compliance with the terms and conditions of this Agreement or (b)that the City Council find that Developer has not demonstrated good faith compliance with the terms and conditions of this Agreement, setting forth with specificity the basis on which the Director makes his recommendation of a finding of non-compliance. Developer shall provide additional evidence as and when reasonably determined necessary by the Director. 10.3 Consideration by City Council. The Director's recommendation shall be considered by the City Council at a regularly scheduled meeting following the Council's receipt of the Director's recommendation. The Developer shall be given full opportunity to present its evidence of good faith compliance with the terms of this Agreement. 10.4 Determination. If the City Council finds and determines that the Developer has complied in good faith with the terms and conditions of this Agreement during the period under review, the review for that period shall be concluded. If the City Council finds and determines, on -9 - 10/21/99