Laserfiche WebLink
cohesive, attractive site design and improvements and related economic benefits to the City, <br />the City has determined that this Third Amendment is an appropriate supplement to the <br />Agreement and First and Second Amendments thereto. <br />E. For the original Development Agreement, the City adopted a mitigated <br />negative declaration. The remaining 362,790 square foot expansion of the Project as <br />permitted by the Agreement, First Amendment, Second Amendment, and this Amendment, <br />was covered by that original mitigated negative declaration, as well as considered as part of <br />the EIR for the Pleasanton 2005-2025 General Plan certified in July 2009, and the SEIR for <br />the Housing Element Update and Climate Action Plan General Plan Amendments certified <br />in January 2012. <br />F. On November 8, 2017, after conducting a duly noticed public hearing, the <br />City Planning Commission recommended that the City Council approve this Third <br />Amendment, based on the following findings and determinations: that this Third <br />Amendment is consistent with the objectives, policies, general land uses and programs <br />specified in the City's General Plan; is compatible with the uses authorized in and the <br />regulations prescribed for the land use district (C-R (Regional Commercial)) in which the <br />Property is located; is in conformity with public convenience, general welfare and good land <br />use practices; will not be detrimental to the health, safety and general welfare of the City or <br />the region surrounding the City; will not adversely affect the orderly development of <br />property or the preservation of property values within the City; and will promote and <br />encourage the development of the Project by providing a greater degree of certainty with <br />respect thereto. <br />Thereafter, on December 19, 2017, the City Council held a duly noticed public <br />hearing on this Third Amendment and made the same findings and <br />determinations as the Planning Commission. On that same date, the City Council <br />made a decision to approve this Third Amendment by introducing Ordinance <br />No. 2173. On August 21, 2018, the City Council adopted Ordinance No. 2173. <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 />Section 2.2 is hereby amended and restated as follows: <br />2.2 Term. The term of this Agreement and Developer's rights <br />and obligations hereunder shall terminate on December 31, 2022. <br />2. Except as expressly modified by this Third Amendment, the City <br />and Developer hereby ratify and confirm the terms and conditions of the <br />Agreement and First and Second Amendment, which are fully incorporated <br />herein by reference and shall continue in full force and effect. <br />3. This Third Amendment may be executed in multiple counterparts, <br />all of which taken together shall constitute one and the same instrument. This <br />