ORD 1792 - Laserfiche WebLink

This Development Agreement (hereafter "Agreement") is made and entered into in the City of Pleasanton on this day of , 1999, by and among the CITY OF PLEASANTON, a Municipal Corporation (hereafter "City"), and NEW CITIES DEVELOPMENT GROUP, a California general partnership ("Developer"). City and Developer may be referred to singularly as a "Party," or jointly as the "Parties." RECITALS A. California law, including Government Code Section 65864 et seq., authorizes the City to enter into a development agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property. This Agreement is intended to function as a development agreement. B. In 1992, City approved the North Sycamore Specific Plan (herein the "NSSP") for the 135-acre North Sycamore Specific Planning Area (herein the "NSPA") comprising both incorporated and then (and in some cases, presently) unincorporated lands. On ., 199_, the City Council also certified the Final Environmental Impact Report (SCH # ) for the NSSP (herein the "NSSP-EIR"), and adopted mitigation measures in connection therewith and a statement of findings of fact and overriding considerations. C. On , 199_, by Resolution No. , the City Council requested LAFCO to initiate proceedings for the annexation of the Property to the City. Also on ., 199_, pursuant to Section 65859 of the California Government Code, the City prezoned the Subject Property consistent with the NSSP as Planned Unit Development for Assessor Parcel Numbers and -__, by Ordinance No. introduced by the City Council on , 199_ and adopted on , 199_. These prezoning designations for the Subject Property become effective as zoning designations upon the annexation of the Property to the City on ,199_. D. The Developer intends to develop a 48-1ot Planned Unit Development denoted PUD- 97-12 (herein the "Project") which represents approximately 34.7 acres within the NSPA and encompasses Assessor Parcel Numbers and ~ (the "Subject Property"), as shown in Exhibit "A". The Developer designed the Project so that it would be consistent with the NSSP. The consistency relationship between the NSSP and Project is documented in the City Council Staff Report of AP-99-3 (Appeal of Case PUD-97-12) dated as of July 6, 1999, and is incorporated by reference. E. On ,199_, the City Council, by Resolution No. ., approved a Negative Declaration relating to the Concept Development Plan/Planned Unit Development Plan for the Project and by Resolution No. adopted the Concept Development Plan/Planned Unit Development Plan for Project, including a total of up to 48 dwelling units. -1- 10/21/99