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ATTACHMENT 5 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PLEASANTON AND GREENBRIAR HOMES COMMUNITIES WHEREAS, Government Code §§65865 through 65869.5, authorize a city to enter into binding development agreements with persons having legal interests in real property for the development of such property; and WHEREAS, Greenbriar Homes Communities has applied to the City for a development agreement concerning its Planned Unit Development (PUD) Rezoning and Development Plan application for a low-density residential development filed under Case PUD-25 (the "Project"); and WHEREAS, after public notice on June 24, 2015 and August 26, 2015, the Planning Commission held public hearings and recommended approval of the Project and related Development Agreement; and WHEREAS, at its meeting of October 20, 2015, the City Council reviewed the agenda report from the Assistant City Manager and Director of Community Development, together with a copy of the staff report of the Planning Commission on this matter; and WHEREAS, on October 20, 2015, a noticed public hearing was held by the City Council, at which time the applicant and members of the public were offered an opportunity to present evidence regarding the Project and Development Agreement; and WHEREAS, the Development Agreement is for the Project for which the City Council certified the Final Environmental Impact Report as adequate to serve as the environmental documentation for this Project and satisfy all the requirements of CEQA, and adopted CEQA Findings and the Mitigation Monitoring and Reporting Program; and WHEREAS, the City Council finds that the proposed Project and Development Agreement are consistent with the City's General Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOESHEREBY ORDAIN AS FOLLOWS: SECTION 1. Approves the Development Agreement between the City of Pleasanton and Greenbriar Homes Communities, the general form and terms of which is attached as Exhibit A and incorporated herein by this reference, and authorizes the City Manager and City Attorney to make minor changes to the Development Agreement to reflect the Project as approved prior to the City Manager executing the Development Agreement. SECTION 2. A summary of this ordinance shall be published once within fifteen (15) days after its adoption in the "Valley Times," a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for fifteen (15) days in the City Clerk's Office within fifteen (15) days of its adoption.