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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 IRBY RANCH LLC. WHEREAS, Government Code §§65865-65869 5 authorizes a city to enter into binding development agreements with persons having legal interests in real property for the development of such property, and WHEREAS, and Irby Ranch, LLC, a California limited liability corporation (the "Developer"), has applied to the City for a development agreement concerning its General Plan Amendment, Specific Plan Amendment, Rezoning, Planned Unit Development (PUD) Development Plan, Vesting Tentative Map, Development Agreement, Affordable Housing Agreement, and Growth Management Agreement filed under Case Nos PUD-110, P15-0245, P15-0246, P15-0405, and Vesting Tentative Map 8245 (the "Project"), and WHEREAS, after public notice, on August 10, 2016, the Planning Commission held a hearing and recommended approval of the Development Agreement, and WHEREAS, at its meeting of February 7, 2017, the City Council reviewed the staff report from the Director of Community Development together with a copy of the staff report to the Planning Commission on this matter, and WHEREAS, on February 7, 2017, a duly-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 development agreement, and WHEREAS, the development agreement is for the Project for which the City Council determined that the conditions described in California Environmental Quality Act (CEQA) Guidelines Section 15162 have not occurred for the proposed Development Plan and found that the previously prepared Supplemental Environmental Impact Report (SEIR), including the adopted CEQA Findings and Statement of Overriding Considerations in City Council Resolution 12-492 for the Housing Element update and Climate Action Plan Amendment and Rezonings, and the Addendum to the SEIR are adequate to serve as the environmental documentation for this Project and satisfy all the requirements of CEQA, and WHEREAS, the City Council finds that the proposed development agreement is consistent with the City's General Plan NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1 It approves the Development Agreement between the City of Pleasanton and the Developer, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference, and authorizes the City Manager to sign the Development Agreement in generally the form as shown in the attached Exhibit A, subject to minor modifications approved by the City Manager and City Attorney