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8 ORDINANCE NO. 2035 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING THE APPLICATION OF BRE PROPERTIES, INC., FOR PUD (PLANNED UNIT DEVELOPMENT) DEVELOPMENT PLAN APPROVAL TO CONSTRUCT A MIXED-USE HIGH-DENSITY RESIDENTIAL/COMMERCIAL DEVELOPMENT CONTAINING 251 RESIDENTIAL UNITS, 4 LIVE/WORK UNITS, AND APPROXIMATELY 5,700 SQUARE FEET OF RETAIL SPACE AT THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF OWENS DRIVE AND WILLOW ROAD, AS FILED UNDER CASE NO. PUD-85-08-12D WHEREAS, BRE Properties, Inc. has applied for Planned Unit Development (PUD) plan approval to construct a mixed-use high-density residential/commercial development containing 251 residential units, 4 live/work units, and approximately 5,700 square feet of retail space at the property located at the southeast corner of Owens Drive and Willow Road; and WHEREAS, based on the Initial Environmental Study, a Mitigated Negative Declaration was adopted by the City Council on April 17, 2012; and WHEREAS, at its meeting of April 17, 2012, the City Council received the Planning Commission's recommendations for approval of the PUD development plan; and WHEREAS, a duly noticed public hearing was held on April 17, 2012; and WHEREAS, the City Council finds that the PUD development plan is consistent with the General Plan, and the purposes of the PUD ordinance; and that the exceptions from the Hacienda TOD Standards and Design Guidelines are approved because they preserve more open space and live/work building depth and otherwise meet the intent of the Guidelines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Case No. PUD-85-08-12D, the application of BRE Properties, Inc. for Planned Unit Development (PUD) development plan approval to construct a mixed-use high- density residential/commercial development containing 251 residential units, 4 live/work units, and approximately 5,700 square feet of retail space at the property located at the southeast corner of Owens Drive and Willow Road, subject to the conditions of approval shown on Exhibit A-1, attached hereto and incorporated herein by this reference is hereby approved SECTION 2. A summary of this ordinance shall be published once within 15 days after its adoption in the "Valley Times", a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for 15 days in the City Clerk's office within 15 days after its adoption. SECTION 3. This ordinance shall be effective thirty (30) days after its passage and adoption.