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Ordinance No. Page 5 of 6 center, the City has determined that this Fifth Amendment is an appropriate supplement to the Agreement. G. The Agreement 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 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. In addition, the cumulative impacts of the development permitted under the Agreement and this Fifth Amendment, plus all development proposed under the City of Pleasanton’s 2023-2031 Housing Element, was studied in the Program Environmental Impact Report (SCH 2022040091) for that Housing Element certified by the City Council on January 26, 2023, by Resolution No. 23-1357. This Fifth Amendment merely extends the term of the previously approved Agreement by six months and is consistent with the General Plan, and there are no impacts peculiar to the parcel or unstudied impacts relevant to this Fifth Amendment. H. On November 8, 2023, after conducting a duly noticed public hearing, the City Planning Commission recommended the City Council approve this Fifth Amendment, based on the following findings and determinations: this Fifth 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. I. Thereafter, on December 5, 2023, the City Council held a duly noticed public hearing on this Fifth Amendment and made the same findings and determinations as the Planning Commission. On that same date, the City Council introduced the Ordinance. On December 19, 2023, the City Council approved this Fifth Amendment by adopting Ordinance No. 2249. 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 to amend the Agreement 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 July 1, 2024. 2. Sections 3.2(a) through 3.2(i) are hereby deleted and replaced with the following: 3.2. (a) Developer shall pay development impact fees, connection charges, building permit fees and processing fees in effect at the time Developer submits the applicable Project application for processing. 3.2 (b) - 3.2 (i) (not used). 3. Exhibits D through G are hereby deleted. 4. Section 3.5 is hereby deleted and replaced with the following: 3.5 (not used). Page 23 of 270