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"CEQA Guidelines"); and City's local guidelines promulgated thereunder (hereinafter <br />collectively referred to as "CEQA"). On October 2. , 2007 pursuant to CEQA <br />a~-i~ <br />" " ,the City Council certified a final environmental <br />impact report covering the Project (the "EIR"). As required by CEQA, the City adopted <br />written findings and a mitigation monitoring program (the "Mitigation, Monitoring and <br />Implementation Planlzregr-~") prior to approving the Project Approvals. <br />2. PUD Development Plan. On November ~ , 2007, the City <br />adopted Ordinance No. 1961 approvi~ed a Planned Unit Development ("PUD") <br />Development Plan pursuant to Chapter 18.68 of the City of Pleasanton Municipal Code <br />covering the entire Project Site. <br />The approvals and development policies described in this Recital F aze <br />collectively referred to herein as the "Project Approvals." <br />G. City has determined that the Project presents certain public benefits and <br />opportunities which aze advanced by City and Developer entering into this Agreement. <br />This Agreement will, among other things, (1) reduce uncertainties in planning and <br />provide for the orderly development of the Project; (2) mitigate many significant <br />environmental impacts; (3) provide public infrastructure; (4) strengthen the City's <br />economic base with a variety of short term construction jobs; (5) provide for and generate <br />substantial revenues for the City in the form of one time and annual fees and exactions <br />and other fiscal benefits; (6) provide a variety of needed housing, including funds in <br />furtherance of affordable housing opportunities; (7) result in the voluntary donation or <br />funding of critical citywide facilities and other infrastructure improvements; (8) require <br />the dedication of four hundred ninety-seven (497) acres as permanent open space; and <br />(9) otherwise achieve the goals and purposes for which the Development Agreement <br />Statute was enacted. <br />H. In exchange for the benefits to City described in the preceding Recital, <br />together with the other public benefits that will result from the development of the <br />Project, Developer will receive by this Agreement assurance that it may proceed with the <br />Project in accordance with the "Applicable Law" (defined below), and therefore desires <br />to enter into this Agreement. <br />I. The City Council, after conducting a duly noticed public hearing, has found <br />that this Agreement is consistent with the General Plan and the City's Zoning Code and <br />has conducted all necessary proceedings in accordance with the City's rules and <br />regulations for the approval of this Agreement. <br /> <br />tl~i~-Agree~e~-Following City Council certification of the EIR and PUD Development <br />Plan, the City Council at a duly noticed public hearing introduced Ordinance No. <br />f 19621, approving and authorizing the execution of this Agreement, and then on <br />November 6, -2007 adopted Ordinance No 196f 21~}. <br />54393\84008v3 <br />