ORD 2307 - Laserfiche WebLink

a. Housing Element Update. The Project Site was identified as a candidate housing site (Area 1) in the City’s 6th cycle Housing Element (2023-2031) and was subsequently prezoned as part of the Housing Element implementation; and b. Annexation, General Plan Amendment, Rezoning, PUD development plans, Vesting Tentative Map, and Development Agreement. Following review and recommendation by the City Planning Commission and after a duly noticed public hearing and to further implement certain of the goals, policies and programs of the Housing Element, the City Council approved the P18-0078 (Annexation), P18-0080 (General Plan Amendment), P18-0081 (Rezoning), PUD-130 (Development Plan), and Tract Map 8569 for the Project as more particularly described in DA Exhibit B attached hereto (the “Development Plan”). 8. Affordable Fee. Following review and recommendation of the Planning Commission and after a duly noticed public hearing, the City Council, by Ordinance No. _____, approved Developer’s payment of affordable housing fees, in accordance with Pleasanton Municipal Code Section 17.44.060, to meet the Inclusionary Zoning Ordinance (IZO) requirements rather than constructing on-site affording housing units. 9. Development Agreement. The City has given the required notice of its intention to adopt this Agreement and has conducted public hearings thereon per Government Code § 65867. The City has reviewed and evaluated this Agreement in accordance with the Development Agreement Statute and has found that the provisions of this Agreement and its purposes are consistent with the Development Agreement Statute. Following review and recommendation by the City Planning Commission and after a duly noticed public hearing, the City Council, by Ordinance No. ______, determined that this Agreement was consistent with the City’s General Plan, including applicable goals, policies, programs, and land used designations, and approved this Agreement. 10. In exchange for the benefits to City described in Recital 5(c) and Section 3.2 of this Agreement, together with the other public benefits that will result from the development of the Project Site, Developer will receive by this Agreement assurance that it may proceed with the Project in accordance with the Project Approvals and “Applicable Law” (defined below), and therefore desires to enter into this Agreement. 11. It is intended that the City will annex the Project Site and the Oak Hills Congregation of the Jehovah’s Witness Church located at 10971 Dublin Canyon Road (APN 941-2700-1) in Alameda County adjacent to the Project Site pending annexation, and will have issued or shall concurrently with this Agreement issue the Project Approvals relating to the development of the Project Site which are conditioned upon completion of annexation. NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Developer agree as follows: AGREEMENT ARTICLE A Pre-Annexation Obligations and Commitments Section A.1 Annexation of Project Site. After the Effective Date of this Agreement (defined in Section 1.2 below), and consistent with the covenants, terms and conditions of this Agreement, City and Developer will initiate proceedings under the CKH Act for