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zoning law, but rather will be based on the laws as they were in existence at the time the development agreement was executed. In exchange, the City gets certain benefits and concessions that it might not be able to require through conditions of approval. II. PROJECT DESCRIPTION A full project description for the 168-unit apartment development is provided in the attached Planning Commission staff report of May 8, 2013 (Exhibit B). Subsequent to the Planning Commission's review, staff added some Conditions of Approval to meet the City's Climate Action Plan objectives. In addition, at its May 21 meeting, the City Council made two amendments to the Conditions of Approval: eliminating a duplicate COA (COA #39, related to implementing a program for reclaimed water) which also was shown as COA #53; and, changing condition #49 to require the installation of two electric vehicle charging stations. The Conditions of Approval which will be considered by the City Council on June 18 are included as Exhibit C. At the May 21 meeting, the City Council also agreed to consider a subsequent development agreement. The draft Development Agreement (Exhibit A) includes sections regarding the vested right to develop, permitted uses, and applicable law which refer back to the project approval. Other sections cover moratorium, initiatives and conflicting enactments, the life of project approvals, development timing and compliance with State and federal law. The draft Development Agreement also lays out the Developer's Obligations as they relate to development impact fees, traffic mitigation measures, the below-market rate units, school fees, processing fees and permit fees, and park fees. City Obligations are covered in sections on protection of vested rights, availability of public services, developers right to rebuild, and processing subsequent approvals. The term of the draft Development Agreement is ten years. III. ANALYSIS State law requires that the Planning Commission find the draft Development Agreement is consistent with the City's General Plan. Land Use The subject parcel has a General Plan Land Use Designation of "Mixed Use/Business Park" which permits land uses such as office, retail, hotel and other commercial uses, community facilities, research and development, and residential. The residential use is consistent with this land use designation. The Mixed Use/Business Park land use designation requires residential projects to have densities of at least 20 dwelling units per acre with higher densities (30 units per acre or more) encouraged in locations proximate to BART stations and other areas near transit'. In addition, Program 11.1 of the Housing Element indicates that sites designated Mixed Use shall be developed at a minimum density of 30 units per acre. The proposed density of 30 dwelling units per acre is consistent with the General Plan. Below are some of the General Plan Goals, Programs, and Policies that the project is consistent with or would promote: The project is located I mile from the East Dublin/Pleasanton BART station,adjacent to bus stops,and connecting to a trail system(to be expanded in the future). P13-1944, Development Agreement June 12, 2013 Page 2 of 5