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10 ORDINANCE NO. 2037 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING AN AMENDMENT TO THE PHASE I AND PHASE II DEVELOPMENT AGREEMENTS BETWEEN THE CITY OF PLEASANTON AND PRUDENTIAL INSURANCE COMPANY OF AMERICA TO: (A) EXTEND THE TERM OF THE DEVELOPMENT AGREEMENT TO FIVE YEARS FROM THE DATE OF APPROVAL OF THE TWO DEVELOPMENT PLANS FILED UNDER CASE NOS PUD-85-08-12D AND PUD-81-30-86D; AND (B) INCORPORATE APPROVAL OF THE DEVELOPMENT STANDARDS AND DESIGN GUIDELINES OF THE HACIENDA TRANSIT ORIENTED DEVELOPMENT (TOD) STANDARDS AND GUIDELINES (P11-0856) 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, December 6, 1983, the City of Pleasanton adopted Ordinance No. 1113 approving a development agreement between the City of Pleasanton and Prudential Insurance Company of America and between the City of Pleasanton and Callahan-Pentz regarding the planned buildout of Hacienda Business Park, which includes the subject properties; and WHEREAS, in 2011, BRE Properties, Inc. applied to the City for an amendment to the still valid Hacienda Business Park development agreement that would extend for five (5) years the term of the agreement from the date of approval of the two Development Plans filed under Case Nos. PUD-85-08-12D and PUD-81-30-86D; and (b) incorporate approval of the development standards and design guidelines of the Hacienda Transit Oriented Development (TOD) Standards and Guidelines filed under Case No. P11-0856; and WHEREAS, after public notice, on March 14, 2012, the Planning Commission held a hearing and recommended approval of the amendments to the Hacienda Business Park Development Agreement; and WHEREAS, at its meeting of April 17, 2012, 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 April 17, 2012, 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 amendments to the Hacienda Business Park development agreement; and WHEREAS, the extension of the Hacienda Business Park Development Agreement is for the two Development Plans filed under Case Nos. PUD-85-08-12D and PUD-81-30-86D, for which a negative declaration has been prepared and adopted by the City Council on April 3, 2012; and WHEREAS, the City Council finds that the amendments to the Hacienda Business Park Development Agreement are consistent with the City's General Plan.