ORD 2309 - Laserfiche WebLink

8. In compliance with the California Environmental Quality Act(CEQA) and the CEQA Guidelines, City has prepared an Addendum to the Project EIR prepared and certified by the County for the Project. 9. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the State of California enacted California Government Code §§ 65864, et seq. (the "Development Agreement Statute"), which authorizes City to enter into an agreement with any person having a legal or equitable interest in real property regarding the development of such property. City has determined that by entering into this Development Agreement: a. City is receiving assurances of a quality development of the Project in accordance with the goals and policies set forth in the City of Pleasanton's General Plan as it exists on the "Effective Date" (defined below); b. City will benefit and the public interest will be served from the annexation of this planned residential development into the City in order to more effectively provide municipal services to the Project's residents; contribute to local property taxes; and support new transportation and utilities infrastructure to serve the Project; c. It will reduce uncertainties in planning and provide for the orderly development of the Project Site; d. As detailed more fully herein, development of the Project Site will provide the City with the following public benefits: i. Design and construction of an approximately 0.7-acre private park with an overlying public access easement in the Project Site. ii. Design and installation of a public trail connection consistent with the Trails Master Plan along "Street A", as well as from "Street D" to Mohr Avenue at the lrongate Drive intersection, within the same easement area as the public utility corridor, subject to approval by the Zone 7 Water Agency ("Zone T'). iii. In addition to required Project frontage improvements, design and installation of a six-foot wide sidewalk, as well as curb and gutter and roadway paving, on the north side of Busch Road extending from the westerly boundary of the project site to the westerly boundary of the City Operations Services Center/Public Works facility. iv. Based on the increased infrastructure demand created by the Project, in combination with demand from other unrelated developments, Developer shall be responsible for its fair share costs of certain off-site water and sewer improvements as set forth in detail in Section 3.2(f) of this Agreement. As Developer will be funding and constructing such off-site water and sewer improvements and such improvements also provide a benefit to third parties, Developer shall receive fee credits and reimbursement from City, as well as directly from the benefitting properties through reimbursement agreements for their proportional benefit, for the oversizing of such off-site water and sewer improvements, all as detailed more fully herein. v. If value-engineered engineering solutions are found that reduce the overall costs and are acceptable to City, then the Project's fair share will be recalculated utilizing the same methodology, but with the lower total improvement costs. In addition to required transportation development fees as specified below, payment of a monetary contribution to City 3