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06 ORDINANCE NO. 2012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AMENDING THE ZONING OF THREE SITES IN HACIENDA BUSINESS PARK, AS FILED UNDER CASE PRZ -57 WHEREAS, by its Ordinance No. 1998, the City of Pleasanton has rezoned three sites in Hacienda Business Park from Planned Unit Development Industrial /Commercial Office (PUD- I /C -O) District to Planned Unit Development Mixed Use (PUD -MU) District. WHEREAS, the sites are: (1) The W.P. Carey site at the southeast corner of Owens Drive and Willow Road (Assessor's Parcel No. 941-2778-013-00 and part of APN 941 - 2778 - 012 -00); (2) The BRE site at the north corner of Hacienda Drive and Gibraltar Drive (APN 941 - 2778- 011 -00); and (3) The Roche Molecular Systems site, south of Gibraltar Drive between Willow Road and Hacienda Drive (a portion of APN 941 - 2761 - 003 -00); and WHEREAS, said rezoning was the subject of litigation filed against the City of Pleasanton, Urban Habitat et at v The City of Pleasanton, Alameda Supreme Court Case No. RG06- 293831; and, WHEREAS, the parties entered into a Settlement Agreement dated August 17, 2010; and, WHEREAS, the terms of the Settlement Agreement involve deletion of Section 5 of Ordinance No. 1998; and, WHEREAS, the City Council intends that by adopting this ordinance, development applications consistent with the Settlement Agreement may now be submitted; and, WHEREAS, based on the Initial Environmental Study, a Negative Declaration was adopted by the City Council on October 20, 2009, and further environmental analysis is not warranted; and WHEREAS, at its meeting of October 5, 2010, the City Council received the Planning Commission's positive recommendation for the amendment; and WHEREAS, a duly noticed public hearing was held on October 5, 2010; and WHEREAS, after review of the materials presented, the City Council determined that the proposed amendment of the zoning of the three sites is appropriate; and, WHEREAS, the City Council finds that the amendment to the zoning of the three sites is consistent with the General Plan adopted on July 21, 2009. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 5 of Ordinance No. 1998 is hereby deleted. All other provisions of Ordinance No. 1998 relating to rezoning for the three sites in Hacienda Business Park from Planned Unit Development — Industrial /Commercial -Office (PUD- I /C -O) District to Planned Unit Development — Mixed Use (PUD -MU) District shall remain in full force and effect. The three sites are: (1) The W.P. Carey site (Hacienda Site 7G), at the southeast corner of Owens Drive