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ATTACHMENT 4 ORDINANCE NO. AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PLEASANTON AND PONDEROSA HOMES II, INC. FOR: (A) THE FOLLOWING APPLICATIONS AT AN APPROXIMATELY 9-ACRE PARCEL: 1) AN AMENDMENT TO THE GENERAL PLAN LAND USE DESIGNATION FROM PUBLIC AND INSTITUTIONAL TO MEDIUM DENSITY RESIDENTIAL; 2) REZONING FROM R- 1-6,500 (ONE-FAMILY RESIDENTIAL) TO PUD-MDR (PLANNED UNIT DEVELOPMENT — MEDIUM DENSITY RESIDENTIAL) DISTRICT; 3) PUD DEVELOPMENT PLAN APPROVAL TO DEMOLISH THE EXISTING RELIGIOUS BUILDING AND RELATED IMPROVEMENTS AND CONSTRUCT 36 SINGLE-FAMILY HOMES, A PRIVATE CLUBHOUSE WITH A PARKING LOT, AND RELATED SITE IMPROVEMENTS; 4) A DEVELOPMENT AGREEMENT TO VEST THE ENTITLEMENTS OF THE PROJECT; AND 5) VESTING TENTATIVE SUBDIVISION MAP APPROVAL TO SUBDIVIDE THE 9-ACRE PARCEL INTO 36 RESIDENTIAL PARCELS AND FOUR COMMON AREA PARCELS; AND (B) A USE AGREEMENT • FOR THE PRIVATE CLUBHOUSE. WHEREAS, Government Code Sections 65865 through 65869.5 authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property; and WHEREAS, after public notice, on April 12, 2017, the Planning Commission held a hearing and recommended approval, by a 3-2 vote, of Ponderosa's applications; and WHEREAS, at its meeting of May 2, 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 May 2, 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 Development Plans filed under Case Nos. P16-1386, PUD-113, and TRACT 8259, for which a negative declaration has been prepared and adopted by the City Council on May 2, 2017; and WHEREAS, the City Council finds that the 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. Approves the Development Agreement, a draft copy of which is attached hereto and incorporated herein by reference, the final form of which is to be approved by the City Attorney.