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Ordinance No. <br />Page 5 of 6 <br />development of the shopping center expansion and provide greater opportunities for traffic <br />management and cohesive, attractive site design and improvements and related economic benefits <br />to the City, the City has determined that this Fourth Amendment is an appropriate supplement to <br />the Agreement and First, Second, and Third Amendments thereto. <br />F. The Agreement, First Amendment, Second Amendment, Third Amendment, <br />and this Fourth Amendment originally permitted an expansion of 380,000 square feet, which was <br />reduced to 362,790 square feet due to construction of P. F. Chang's and the Cheesecake Factory. <br />The remaining 362,790 square feet of expansion area is inclusive of the 79,269 square feet of <br />expansion for which design review approval was granted by Planning Commission Resolution <br />2019-10 for the Stoneridge Mall Commercial Replacement and Expansion Project. The permitted <br />remaining expansion was covered by the mitigated negative declaration adopted in connection <br />with the original Development Agreement, as well as considered as part of the EIR for the <br />Pleasanton 2005-2025 General Plan certified in July 2009, and the SEIR for the Housing Element <br />Update and Climate Action Plan General Plan Amendments certified in January 2012, and <br />addressed in the Addendum for the Stoneridge Mall Commercial Replacement and Expansion <br />Project dated April 16, 2019. The Fourth Amendment is consistent with the General Plan, and <br />there are no 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, the City <br />Planning Commission recommended the City Council approve this Fourth Amendment, based on <br />the following findings and determinations: this Fourth Amendment is consistent with the <br />objectives, policies, general land uses and programs specified in the City's General Plan; is <br />compatible with the uses authorized in and the regulations prescribed for the land use district (C- <br />R (Regional Commercial)) in which the Property is located; is in conformity with public <br />convenience, general welfare and good land use practices; will not be detrimental to the health, <br />safety and general welfare of the City or the region surrounding the City; will not adversely affect <br />the orderly development of property or the preservation of property values within the City; and <br />will promote and encourage the development of the Project by providing a greater degree of <br />certainty with respect thereto. <br />H. Thereafter, on December 21, 2021, the City Council held a duly noticed public <br />hearing on this Fourth Amendment and made the same findings and determinations as the Planning <br />Commission. On that same date, the City Council introduced Ordinance No. XXXX. On XXYOX <br />XX, XXXX, the City Council approved this Fourth Amendment by adopting Ordinance No. <br />XXXX. <br />NOW, THEREFORE, pursuant to the authority contained in California Government <br />Code Sections 65864-65869.5, and in consideration of the mutual covenants and promises of the <br />parties herein contained, the parties agree as follows: <br />Section 2.2 is hereby amended and restated as follows: <br />2.2 Term. The term of this Agreement and Developer's rights and <br />obligations hereunder shall terminate on December 31, 2023. <br />2. Except as expressly modified by this Fourth Amendment, the City and <br />Developer hereby ratify and confirm the terms and conditions of the Agreement and <br />First, Second, and Third Amendments, which are fully incorporated herein by reference <br />