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• <br /> 7 <br /> 2.2. Any modifications to building design, either during the permitting phase or the <br /> physical project construction phase, shall be grounds to halt the project with a"Stop Work <br /> Order." Any modifications not authorized as provided herein shall be deemed to constitute a <br /> breach of this agreement. Requests for modification to this Development Agreement deemed <br /> major modifications shall be carried out under the same process that led to its formation, i.e. <br /> Planning Commission recommendation followed by a hearing before the City Council to <br /> determine if Council wishes to approve the requested modification. Major modifications <br /> include, but are not limited to, significant changes to elevation drawings, appearance of exterior <br /> details and implied materials, removal of under-structure parking (parking stall count will be <br /> based on parking requirements), reduction of environmental protection and storm water <br /> abatement facilities below the minimum required by Code and change to or reduction of other <br /> architectural details not mentioned here but depicted in the attachments. Modifications the City <br /> deems"minor" may be submitted to the Planning Director for consideration and administrative <br /> approval. A change in building step-back and /or roof design (but not pitch), reduction in the <br /> depth of balconies and splitting required open space between the front and rear of the building <br /> (1,100 square foot total required) would be considered minor modifications. <br /> 2.3. Design Standards - Determination. For City review purposes the Historic <br /> Overlay standards shall apply, in conjunction with images depicted herein. The Multi Family <br /> Design Standards shall not apply. Any conflict regarding standards and conditions found herein <br /> shall be resolved by the Planning Director. <br /> 2.4. Violation— Enforcement. In the event of any action to enforce this Agreement by <br /> the City, or on account of any default or breach of this Agreement by RAL , RAL shall be <br /> responsible for the City's costs and attorneys fees. The venue for such action shall be in <br /> 3 <br /> 38 <br />