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2_Exhibits A, B & D
City of Pleasanton
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11-10
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2_Exhibits A, B & D
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11/3/2021 3:41:00 PM
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11/3/2021 3:40:25 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
11/10/2021
DESTRUCT DATE
15Y
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\BOARDS AND COMMISSIONS\PLANNING\AGENDA PACKETS\2020 - PRESENT\2021\11-10
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Alameda County. <br /> E. The City and Developer desire to extend the term of the Agreement, First <br /> Amendment, Second Amendment, and Third Amendment thereto. In order to strengthen the <br /> planning process, encourage private participation in comprehensive planning, secure the <br /> orderly development of the shopping center expansion and provide greater opportunities for <br /> traffic management and cohesive, attractive site design and improvements and related <br /> economic benefits to the City, the City has determined that this Fourth Amendment is an <br /> appropriate supplement to the Agreement and First, Second, and Third Amendments thereto. <br /> F. The Agreement, First Amendment, Second Amendment, Third <br /> Amendment, and this Fourth Amendment originally permitted an expansion of 380,000 <br /> square feet, which was reduced to 362,790 square feet due to construction of P. F. Chang's <br /> and the Cheesecake Factory. The remaining 362,790 square feet of expansion area is <br /> inclusive of the 79,269 square feet of expansion for which design review approval was <br /> granted by Planning Commission Resolution 2019-10 for the Stoneridge Mall Commercial <br /> Replacement and Expansion Project. The permitted remaining expansion was covered by <br /> the mitigated negative declaration adopted in connection with the original Development <br /> Agreement, as well as considered as part of the EIR for the Pleasanton 2005-2025 General <br /> Plan certified in July 2009, and the SEIR for the Housing Element Update and Climate <br /> Action Plan General Plan Amendments certified in January 2012, and addressed in the <br /> Addendum for the Stoneridge Mall Commercial Replacement and Expansion Project dated <br /> April 16, 2019. The Fourth Amendment is consistent with the General Plan, and there are no <br /> impacts peculiar to the parcel or unstudied impacts relevant to this Fourth Amendment. <br /> G. On November 10, 2021, after conducting a duly noticed public hearing, <br /> the City Planning Commission recommended the City Council approve this Fourth <br /> Amendment, based on the following findings and determinations: this Fourth Amendment <br /> is consistent with the objectives, policies, general land uses and programs specified in the <br /> City's General Plan; is compatible with the uses authorized in and the regulations prescribed <br /> for the land use district (C-R (Regional Commercial)) in which the Property is located; is in <br /> conformity with public convenience, general welfare and good land use practices; will not <br /> be detrimental to the health, safety and general welfare of the City or the region surrounding <br /> the City; will not adversely affect the orderly development of property or the preservation of <br /> property values within the City; and will promote and encourage the development of the <br /> Project by providing a greater degree of certainty with respect thereto. <br /> H. Thereafter, on December 21, 2021, the City Council held a duly noticed <br /> public hearing on this Fourth Amendment and made the same findings and determinations as <br /> the Planning Commission. On that same date, the City Council introduced Ordinance No. <br /> XXXX. On XXXX XX, XXXX, the City Council approved this Fourth Amendment by <br /> adopting Ordinance No. XXXX. <br /> NOW, THEREFORE, pursuant to the authority contained in California <br /> Government Code Sections 65864-65869.5, and in consideration of the mutual covenants <br /> and promises of the parties herein contained, the parties agree as follows: <br /> 2 <br />