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Ordinance No. 2285 <br />Page 2 of 3 <br />meeting, the City Council reviewed written and oral staff reports, conducted a public hearing on <br />the Project and took testimony, and received into the record all pertinent documents related to <br />the Project (collectively, the "Record Evidence"). The City Council's determination is based on the <br />Record Evidence, which is incorporated into this Ordinance by reference. <br />SECTION 3. Findings for approval of the Pre -Annexation and Development Agreement <br />With respect to the Pre -Annexation and Development Agreement for Case Nos. P22-1089, PUD - <br />147, Tract 8522, and P24-0378, the City Council makes the following findings: <br />Based on the negotiated terms specified within the Pre -Annexation and Development Agreement, <br />the City Council finds the City would receive at least equitable financial and other public benefits <br />over the initial term of the agreement, compared to the value of terms that are to the benefit of <br />the developer. In particular, but not limited to, the City would secure additional multimodal <br />improvements along Foothill Boulevard and within the Project in the form of a trail extension, <br />would receive a direct financial contribution in the amount of $1 Million to support the provision of <br />needed public safety improvements and equipment. Notably, and again not limited to, the City <br />would receive full payment of Capital Facilities and Transportation Impact Fees, without any fee <br />credits for proposed public improvements, to help offset the demands created on City facilities by <br />the incremental addition of new residents to the City. Finally, on-site affordable units is a positive <br />benefit of the Project. <br />SECTION 4. Findings for Consistency with the General Plan. The City Council finds the <br />agreement would be consistent with the General Plan and support a number of its policy goals <br />around Land Use, Housing, and Sustainability, including the Property's Land Use Designation of <br />Low Density Residential (LDR) and Housing Element Sites Overlay (HESO) permits residential <br />uses; thus, the Project would be consistent with the General Plan Land Use Designation. <br />SECTION 5. The City Council has considered the findings made in Planning <br />Commission Resolution No. PC -2024-14, and hereby adopts the same findings by this reference, <br />and based upon the City Council's own independent review and considerations, the City Council <br />Approves the Pre -Annexation and Development Agreement with Foothill Boulevard Holding <br />Company, LLC, a copy of which is attached hereto as Exhibit A and incorporated herein by this <br />reference, and hereby authorizes the City Manager to execute the Pre -Annexation and <br />Development Agreement in substantial conformance with the form attached in Exhibit A, subject <br />to minor amendments and approval by the City Manager and City Attorney. <br />SECTION 6. Severability. In case any provision in this Agreement shall be invalid, illegal <br />or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in <br />any way be affected or impaired thereby and such provision shall be ineffective only to the extent <br />of such invalidity, illegality or unenforceability. <br />SECTION 7. A summary of this ordinance shall be published once within fifteen (15) days <br />after its adoption in "The Valley Times," a newspaper of general circulation published in the City <br />of Pleasanton, and the complete ordinance shall be posted for fifteen (15) days in the City Clerk's <br />office within fifteen (15) days after its adoption. <br />SECTION 8. This ordinance shall be effective thirty (30) days after its passage <br />and adoption. <br />{Vote and signatures to follow on next page) <br />