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11 <br />with EMC [PDDR] 19.29.060.A and EMC [PDDR] <br />19.29.060.B.1. <br />6. Modification of Development <br />Agreement <br />A minor modification is a modification as described <br />in EMC [PDDR] 15.03.200.C.1.c. The Planning <br />Director will review and decide upon minor <br />modifications. <br /> <br />A modification not minor under EMC [PDDR] <br />15.03.200.C.1.c requires City Council approval after <br />City Council public hearing. Unless otherwise <br />required by state law, such a modification does not <br />require a recommendation from the Hearing <br />Examiner or the Planning Commission or any action <br />or hearing by the Hearing Examiner or the Planning <br />Commission, regardless of anything in EMC [PDDR] <br />15.03.200 to the contrary. <br /> <br />Changes to Section 4.C (Mitigation Agreement) or <br />Section 4.D (Impact Fees) are examples of <br />modifications that are not minor modifications. <br />C. Modifications Examples. In each type of modification in the table above, the following <br />are ordinarily examples of modifications that may be approved by the Planning Director: <br />(1) minor boundary line adjustments of rights-of-way/property lines; <br />(2) subdivision of lots without changes to buildings; <br />(3) minor repositioning of proposed buildings within the same parcel or minor <br />repositioning of common open space within the same parcel; and <br />(4) reductions of anticipated footprint of a building or a building’s unit count. <br />D. Opportunity for Guidance. The Planning Director or designee will provide an early <br />opportunity for guidance regarding whether a project proposal would require a <br />modification, and whether that modification can be approved by the Planning Director, <br />so long as EHA identifies the proposed modifications and requests such guidance on those <br />identified modifications. That opportunity shall include meetings for guidance requested <br />by applicant and pre-application meetings between the applicant and relevant City staff, <br />and such meetings will be followed by meeting notes drafted by the EHA for review and <br />approval by City staff that will become part of the application file and follow the <br />application through the review process. <br />E. Section Controlling. This Section 6 controls any contrary provision in chapter 19.29 EMC <br />[PDDR] or successor chapter or EMC [PDDR] 15.03.200 or successor section.