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5 ORDINANCE NO. 2143 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING A DEVELOPMENT AGREEMENT WITH PONDEROSA HOMES II, INC., AS FILED UNDER CASE NO. PUD-99 WHEREAS, Government Code §§65865- 65869.5, authorize a city to enter into binding development agreements with persons having legal interests in real property for the development of such property; and WHEREAS, Ponderosa Homes II, Inc., has applied to the City for a development agreement concerning its PUD development plan application for nineteen (19) new single-family homes in a phased residential development filed under Case No. PUD-99 (the "Project"); and WHEREAS, at its meeting of April 19, 2016, the City Council reviewed the staff report form the Director of Community Development and held a public hearing at which time the applicant and members of the public were offered an opportunity to present evidence regarding the Development Agreement; and WHEREAS, the development agreement is for the Project, for which the City Council found (1) that a Supplemental Environmental Impact Report (SEIR) was prepared for the Housing Element update in 2011 and the project site was part of Housing Element update in 2011 and the proposed development is substantially consistent with the 2011 Housing Element update, which was analyzed in the SEIR, and (2) that no new information or changed circumstances have occurred that would require supplemental environmental review, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15162; and WHEREAS, the City Council finds that the proposed development agreement is consistent with the City's General Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Approves the Development Agreement between the City of Pleasanton and Ponderosa Homes II, Inc., attached hereto as Exhibit A and incorporated herein by the reference, and authorizes the City Manager and City Attorney to make minor changes to the Development Agreement to reflect the Project, as approved, prior to the City Manager executing the Development Agreement. Section 2. A summary of this ordinance shall be published once within fifteen days after its adoption in "The "Valley Times", a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for fifteen it he City Clerk's office within fifteen days of it adoption.