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D. Developer wishes to extend the length of time its development approvals for PUD <br /> Development Plan (PUD-58) and Vesting Tentative Tract Map (PTR-7813) (hereinafter referred <br /> to as the"Project or Project Approvals") are valid. <br /> E. A condition of approval of PUD-58 requires Developer to offer a 35' strip of land <br /> along the southern property line to the Jorgensen Lane homeowners, as more particularly shown <br /> as Parcels A, B, C and Don the Site Plan Vesting Tentative Tract Map 7813, Sheet 1 of 6, dated <br /> April 2007. <br /> F. Proximate and prior to the issuance of the first building permit for construction on <br /> any of the eight lots to be developed on Developer's property, Developer shall create four <br /> separate parcels by way of a lot line adjustment. The parcels, each 35' deep, shall be as more <br /> particularly shown as Parcels A, B, C and D on the Site Plan Vesting Tentative Tract Map 7813, <br /> Sheet 1 of 6, dated April 2007. The Developer shall deed the parcels to the four adjacent <br /> property owners to the south of the Project, as more particularly provided herein, and consistent <br /> with the conditions of approval adopted as part of PUD-58. <br /> G. City wishes to coordinate Developer's grant of open space to the City with the <br /> recent purchase of an adjoining parcel of 231.57 acres by the East Bay Regional Park District <br /> (hereinafter "EBRPD") in order that the public may utilize the City open space to access the <br /> EBRPD new park land. And, the parties agree that City is in a better position to determine the <br /> timing and necessary improvements for such public access while the 22 acres of open space <br /> dedicated to City by Developer are within City's control. <br /> H. General Plan Amendment (PGPA-11) was approved by the City Council on <br /> October 17, 2006, to change the land use designation for the approximately 22 acres of land to be <br /> granted to the City from Rural Density Residential to Open Space/Agriculture and Grazing. The <br /> City encourages the implementation of General Plan goals and policies, including Policy 7 <br /> within the Open Space and Conservation Element to preserve and expand open-space <br /> opportunities, including open-space access to the public. The City supports the expansion of the <br /> EBRPD's Pleasanton Ridge in areas designated as Open Space. <br /> I. A Mitigated Negative Declaration regarding this project was approved by the City <br /> Council on October 17, 2006. Environmental review for the custom lots is anticipated to be <br /> accomplished on a lot by lot basis. Environmental review relating to public access to the EBRPD <br /> parcel is to be addressed by EBRPD. <br /> J. Following review and recommendation by the City Planning Commission and <br /> after a duly noticed public hearing, the City Council, by Ordinance , determined that this <br /> Agreement was consistent with the City's General Plan and approved this Agreement. <br /> The prior approvals described in these Recitals are collectively referred to herein as the <br /> "Project" or the "Project Approvals" and apply only to the property at 3459 Old Foothill Road. <br /> In exchange for the benefits to City described in these recitals, including but not limited to <br /> assurance that a residential project consistent with the PUD Development Plan approval referred <br /> to above, public access easement, dedication of open space to the City, and Design Guidelines <br /> ® can proceed together with the other public benefits that will result from the development of the <br />