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The applicant requests afive-year extension of the Development Agreements from <br />December 31, 2008 to December 31, 2013. The previous Agreements, understandings, <br />and intentions would remain in force as described within the previously approved <br />documents, which are available for review at the City Clerk's office. <br />DISCUSSION <br />A development agreement is a commitment between the City and a developer to <br />proceed with a specific development in accordance with the terms of an agreement that <br />describes what process additional applications may undergo in accordance with the <br />laws in existence at the time of the agreement. In effect, the City agrees not to change <br />its planning or zoning laws applicable to the development for a specified period of time. <br />Therefore, future land use decisions are not based on current planning and zoning law; <br />rather, they are based on the laws in existence at the time an agreement is executed. <br />The developer gains assurances, through execution of a development agreement, of <br />the continuity of regulations that are in force at the time, prior to a commitment of a <br />substantial investment for project improvements. <br />Hacienda Business Park landowners have spent several million dollars for on- and <br />off-site improvements. The properties requesting the extension of the Development <br />Agreements wish to be afforded an additional five years to December 31, 2013 in order <br />to be provided adequate time to process entitlement applications and obtain building <br />permits for these sites. Development is tied to market demand. Additionally, Hacienda <br />Business Park development has been awaiting the outcome of the General Plan Update <br />process. There are already traffic capacity determinations and sewer capacity purchase <br />agreements in place for the project sites. <br />Planning Commission <br />On September 26, 2007, the Planning Commission reviewed the proposed project. By <br />a 5 to 0 vote, the Planning Commission recommended approval of the project, and <br />forwarded the project to the City Council for action. <br />Public Notice and Comment <br />Notice was mailed to all property owners and tenants within Hacienda Business Park. <br />As of the date of the preparation of this report, staff received one request for clarification <br />regarding the scope of the project. <br />ENVIRONMENTAL ASSESSMENT <br />This project is not defined as a project by the California Environmental Quality Act <br />(CEQA), Section 15060 and 15378; therefore, no environmental document <br />accompanies this report. <br />Page 3 of 4 <br />