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DEVELOPMENT AGREEMENT BY AND BETWEEN <br /> THE CITY OF PLEASANTON AND <br /> IRBY RANCH, LLC <br /> This DEVELOPMENT AGREEMENT ("Agreement") is made by and between the City of <br /> Pleasanton (`City"), a municipal corporation, and Irby Ranch, LLC, a California limited liability <br /> corporation("Developer"). City and Developer each may sometimes be referred to herein as a <br /> "Party" and collectively as the "Parties." <br /> RECITALS <br /> A. The Legislature enacted Government Code Section 65864 et seq. ("Development <br /> Agreement Statute")to strengthen the public planning process, encourage private participation <br /> in comprehensive, long-range planning, and reduce the economic costs of development. It <br /> authorizes a city to enter into a binding agreement with any person having a legal or equitable <br /> interest in real property regarding the development of that property. <br /> B. Developer has a legal or equitable interest in certain real property located in the <br /> City of Pleasanton, County of Alameda, California, consisting of approximately 15 acres at 3988 <br /> First Street, 3780 Stanley Boulevard, and 3878 Stanley Boulevard, as more particularly <br /> described in Exhibit A-1 attached hereto, and as diagrammed in Exhibit A-2 attached hereto <br /> ('Property"). <br /> C. Developer intends to develop 87 single-family homes, as well as provide a 1.64 <br /> acre portion of the Property and $1,000,000 towards an affordable housing community for <br /> individuals with special needs, on the Property ("Project"). <br /> D. On February 7, 2017 , following review and recommendation by the City of <br /> Pleasanton Planning Commission and after a duly noticed public hearing, the City Council of <br /> City took the following actions (collectively, the"Project Approvals"): <br /> 1. In support of the following actions, and in compliance with the applicable <br /> provisions of the California Environmental Quality Act("CEQA"), found: (1)that the <br /> previously prepared Supplemental Environmental Impact Report(SEIR), for the Pleasanton <br /> Housing Element and Climate Action Plan General Plan Amendment, including the adopted <br /> CEQA Findings and Statement of Overriding Considerations in City Council Resolution 12-492, <br /> and the City prepared Addendum to the SEIR for the Project are adequate to serve as the <br /> environmental documentation for this project and satisfy all the requirements of CEQA, and (2) <br /> that the conditions described in California Environmental Quality Act (CEQA) Guidelines <br /> Section 15162 have not occurred. <br /> 2. By Resolution No. 17-913, approved a General Plan Amendment and <br /> Downtown Specific Plan Amendment changing the General Plan land use designation of the <br /> Property from Retail/Highway/Service Commercial, Business and Professional Office to High <br /> Density Residential and the Downtown Specific Plan land use designation from Downtown <br /> Commercial to High Density Residential. (the"General Plan and Specific Plan Amendment"). <br /> 2 <br />