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