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ATTACHMENT 5 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING THE APPLICATION OF SHAC LAS POSITAS APARTMENTS LLC FOR THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT, AS FILED UNDER CASE NO. P15-0169 WHEREAS, SHAG Las Positas Apartments, LLC and the City have entered into a Development Agreement dated August 14, 2014 and recorded on December 9, 2014, as Instrument No. 2014301257, Official Records of Alameda County (the "Agreement"); and WHEREAS, when approved, the Agreement contemplated a Project consisting of a 177 unit apartment project; and WHEREAS, SHAG desires to modify the Project to now encompass a 94 unit condominium project rather than the 177 unit apartment project; and WHEREAS, in conjunction with this modification of the Project, SHAC is seeking amendment an amendment to the Agreement; and WHEREAS, after public notice, on May 13, 2015, the Planning Commission held a hearing, adopted Resolution PC-2015-12, and recommended the approval of the First Amendment to the Development Agreement for SHAC Las Positas Apartments LLC; and WHEREAS, at its meeting of June 16, 2015 the City Council reviewed the staff report form the Director of Community Development, Planning Commission recommendation, and held a public hearing at which time the applicant and members of the public were offered an opportunity to present evidence regarding the First Amendment of the Development Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council finds that the conditions described in California Environmental Quality Act (CEQA) Guidelines Section 15162 have not occurred and finds that the previously prepared Supplemental Environmental Impact Report (SEIR), including the adopted CEQA Findings and Statement of Overriding Considerations in City Council Resolution 12-492, and the Addendum to the SEIR for the Project and SHAG Las Positas Apartments, LLC (SummerHill Home) Las Positas Townhome Condominiums — CEQA Addendum Substantial Conformity memo are adequate to serve as the environmental documentation for the modification to the Project and this First Amendment to the Development Agreement and satisfy all the requirements of CEQA. Section 2. The City Council finds that the proposed First Amendment to the Development Agreement is consistent with the City's General Plan for the reasons set forth in the staff report.