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minor reductions in the density, intensity, scale, or scope of the Project, minor alterations in vehicle
<br />circulation patterns or vehicle access points, changes in trail alignments, variations in the location
<br />of structures that do not substantially alter the design concepts of the Project, substitution of
<br />comparable landscaping for any landscaping shown on any development plan or landscape plan,
<br />variations in the location or installation of utilities and other infrastructure connections and
<br />facilities that do not substantially alter design concepts of the Project, and minor adjustments to a
<br />subdivision map or the Property legal description shall be deemed to be minor amendments or
<br />modifications. Any request of Developer for an amendment or modification to a Project Approval
<br />that is determined not to be an Administrative Amendment as set forth above shall be subject to
<br />review, consideration, and action pursuant to the Applicable Law and this Agreement.
<br />Section 9.8 CEQA/Mitigation Measures. The City has prepared and certified the EIR,
<br />which evaluates the environmental effects of full development, operation and use of the Project,
<br />and has imposed all feasible mitigation measures to reduce the significant environmental effects
<br />of the Project. The Parties understand that the EIR is intended to be used not only in connection
<br />with the Existing Approvals, but also, to the extent legally permitted, in connection with necessary
<br />Subsequent Approvals. However, the Parties acknowledge that certain Subsequent Approvals may
<br />legally require additional analysis under CEQA. For example, a change in the Project could
<br />require additional analysis under CEQA if the triggering conditions identified in CEQA Guidelines
<br />section 15162 are met. In the event supplemental or additional CEQA review is required for a
<br />Subsequent Approval, City shall limit such supplemental or additional CEQA review to the scope
<br />of analysis mandated by CEQA in light of the scope of City's discretion to be exercised in
<br />connection with the Subsequent Approvals. Developer acknowledges that, if the City determines
<br />based upon supplemental or additional CEQA review that the Project will result in new significant
<br />effects or substantially increase the severity of effects that were identified in the FIR, City may
<br />require additional feasible mitigation measures necessary to mitigate such impacts, provided
<br />however (except as otherwise expressly provided herein) such additional mitigation measures shall
<br />not prevent development of the Project for the uses set forth in the Existing Approvals. Developer
<br />shall comply with the mitigation measures in the MMRP, which reflect the mutually agreed-upon
<br />timing of specified improvements and Developer's pro rata share of funding, where applicable. In
<br />the event further mitigation measures are identified by such additional environmental review, City
<br />may require, and Developer shall comply with, all feasible mitigation measures necessary to
<br />substantially lessen new or substantially more severe significant environmental impacts of the
<br />Project, which were not foreseen at the time of execution of this Agreement.
<br />ARTICLE 10. COOPERATION AND IMPLEMENTATION
<br />Section 10.1 Subsequent Approvals. Certain subsequent land use approvals,
<br />entitlements, and permits other than the Existing Approvals, will be necessary or desirable for
<br />implementation of the Project ("Subsequent Approvals"). The Subsequent Approvals may
<br />include, without limitation, the following: amendments of the Existing Approvals, grading
<br />permits, building permits, sewer and water connection permits, certificates of occupancy, lot line
<br />adjustments, site plans, development plans, land use plans, building plans and specifications,
<br />parcel maps and/or subdivision maps, design review, demolition permits, improvements
<br />agreements, encroachment permits and any amendments to, or repealing of, any of the foregoing.
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<br />ATTV/AGR/2018.094/STRADA DEVELOPMENT AGREEMENT
<br />REV: 07-27-18 VR
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