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ATTACHMENT 3 <br /> THE CITY OF Planning Commission <br /> — <br /> Staff Report <br /> June 12, 2013 <br /> FLEASANTONe <br /> Item 5.c. <br /> SUBJECT: P13-1944 <br /> APPLICANT/ <br /> PROPERTY OWNER: St. Anton Partners <br /> PURPOSE: Application for a Development Agreement to vest entitlements of <br /> the project PUD-81-30-87D consisting of 168 apartment units and <br /> related site improvements. <br /> GENERAL PLAN: Mixed Use/Business Park. <br /> ZONING: Planned Unit Development— High Density Residential (PUD-HDR) <br /> LOCATION: 5729 West Las Positas Boulevard <br /> EXHIBITS: A. Draft Development Agreement <br /> B. Planning Commission Staff Report, May 8, 2013, without <br /> attachments <br /> C. Draft Conditions of Approval for PUD-81-30-87D to be <br /> considered by the City Council on June 18, 2013 <br /> I. BACKGROUND <br /> PUD-81-30-87D, a Planning Unit Development (PUD) development plan for a 168-unit <br /> apartment project and related site improvements was reviewed by the Planning Commission <br /> and recommended to the City Council on May 8, 2013. The City Council introduced an <br /> ordinance to approve the project on May 21, 2013, and has scheduled the second reading for <br /> the project on June 18, 2013. Just prior to the meeting, the applicant approached staff about <br /> entering into a development agreement in order to memorialize both the City's and the <br /> developer's rights and obligations regarding this project. The State legislature has enacted <br /> California Government Code sections 65864 et seq which authorizes the City to enter into an <br /> agreement with any person having a legal or equitable interest in real property regarding the <br /> development of such property. Further, this statute (Section 65867) requires a public hearing <br /> on the proposed Development Agreement shall be held by the Planning Commission and by <br /> the City Council. As noted in Section 65867.5, the Development Agreement shall be approved <br /> by ordinance and the provisions of the agreement shall be found to be consistent with the <br /> General Plan. <br /> In essence, a development agreement locks in the laws in existence at the time of entering into <br /> the agreement and the City agrees not to change its planning or zoning laws applicable to the <br /> specific development project for a specific period of time. Therefore, future land use decisions <br /> regarding such a development project will not be based on the then current planning and <br /> P13-1944, Development Agreement June 12, 2013 <br /> Page 1 of 5 <br />