ORD 2230 - Laserfiche WebLink

Ordinance No.2230 Page 4 of 5 E. The City and Developer desire to extend the term of the Agreement, First Amendment, Second Amendment, and Third Amendment thereto. In order to strengthen the planning process, encourage private participation in comprehensive planning, secure the orderly development of the shopping center expansion and provide greater opportunities for traffic management and cohesive, attractive site design and improvements and related economic benefits to the City, the City has determined that this Fourth Amendment is an appropriate supplement to the Agreement and First, Second, and Third Amendments thereto. F. The Agreement, First Amendment, Second Amendment, Third Amendment, and this Fourth Amendment originally permitted an expansion of 380,000 square feet, which was reduced to 362,790 square feet due to construction of P. F. Chang's and the Cheesecake Factory. The remaining 362,790 square feet of expansion area is inclusive of the 79,269 square feet of expansion for which design review approval was granted by Planning Commission Resolution 2019-10 for the Stoneridge Mall Commercial Replacement and Expansion Project. The permitted remaining expansion was covered by the mitigated negative declaration adopted in connection with the original Development Agreement, as well as considered as part of the EIR for the Pleasanton 2005-2025 General Plan certified in July 2009, and the SEIR for the Housing Element Update and Climate Action Plan General Plan Amendments certified in January 2012, and addressed in the Addendum for the Stoneridge Mall Commercial Replacement and Expansion Project dated April 16, 2019. The Fourth Amendment is consistent with the General Plan, and there are no impacts peculiar to the parcel or unstudied impacts relevant to this Fourth Amendment. G. On November 10, 2021, after conducting a duly noticed public hearing, the City Planning Commission recommended the City Council approve this Fourth Amendment, based on the following findings and determinations: this Fourth Amendment is consistent with the objectives, policies, general land uses and programs specified in the City's General Plan; is compatible with the uses authorized in and the regulations prescribed for the land use district (C- R (Regional Commercial)) in which the Property is located; is in conformity with public convenience, general welfare and good land use practices; will not be detrimental to the health, safety and general welfare of the City or the region surrounding the City; will not adversely affect the orderly development of property or the preservation of property values within the City; and will promote and encourage the development of the Project by providing a greater degree of certainty with respect thereto. H. Thereafter, on December 21, 2021, the City Council held a duly noticed public hearing on this Fourth Amendment and made the same findings and determinations as the Planning Commission. On that same date, the City Council introduced the Ordinance. On January 4, 2022, the City Council approved this Fourth Amendment by adopting Ordinance 2230. NOW, THEREFORE, pursuant to the authority contained in California Government Code Sections 65864-65869.5, and in consideration of the mutual covenants and promises of the parties herein contained, the parties agree as follows: 1. Section 2.2 is hereby amended and restated as follows: 2.2 Term. The term of this Agreement and Developer's rights and obligations hereunder shall terminate on December 31, 2023.