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Figure 3: Austin Dedication ANALYSIS The current PUD and Vesting Tentative Tract Map will expire on June 8, 2016, and the applicant would like to extend their entitlements beyond that current expiration date. Under current conditions of approval, the property owner is not required to grant the open space within the project to the City until their final map is recorded. The City wishes to coordinate the Developer's granting of open space to the City at this time with the recent purchase of an adjoining parcel of 231.57 acres by the EBRPD in order that the public may utilize the City open space to access EBRPD's new park land. With a Development Agreement, the development rights and responsibilities described in the original approvals (Exhibits B and C) as amended by this Development Agreement (Exhibit A), would remain in effect during this extended ten year period. An additional five year extension option has also been included within the Development Agreement if mutually agreed to in writing by all parties. Access to the newly acquired EBRPD land was previously anticipated and included within the City's Parks and Trails Master Plan which shows a park staging area near the northernmost corner of the Austin property. PUD-58 was reviewed by the Trails Ad Hoc Committee and by the Parks and Recreation Commission at the time the project was originally approved and de- termined unanimously that the Alviso Adobe parking area would function as a park staging ar- ea and, therefore, no staging area would need to be located on the Austin property (to be granted to the City). Staff believes that there have been no changes regarding access and cir- culation for the new trail and that the transfer of the property to the City at this time allows the City greater ability to explore all options in the future. No other changes to the approved planned unit development and tentative tract map are being proposed as part of this Development Agreement therefore the underlying planned unit development and tentative tract map remain consistent with the current General Plan. Because of the current challenging economic climate, staff supports the request to vest the entitlement and recommends that the Planning Commission provide a positive recommendation to the City Council. PUBLIC NOTICE Notice was mailed to all property owners and residents within a 1,000-foot radius of the project site. Staff has provided the location and noticing maps as Exhibit D for the Commission's reference. The public notice was also published in The Valley Times. At the time this report was prepared, staff has not received any comments or concerns. ENVIRONMENTAL ASSESSMENT The environmental effects of the project were reviewed at the PUD stage and a Mitigated Negative Declaration was adopted pursuant to California Environmental Quality Act (CEQA). Case No. P14-0704 Planning Commission Page 5 of 6