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13 <br />ORDINANCE NO. 2124 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON <br />APPROVING THE APPLICATION OF SHAC LAS POSITAS APARTMENTS <br />LLC FOR THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT, <br />AS FILED UNDER CASE NO. P15 -0169 <br />WHEREAS, SHAC Las Positas Apartments LLC and the City have entered into a <br />Development Agreement dated August 14, 2014 and recorded on December 9, 2014, as <br />Instrument No. 2014301257, Official Records of Alameda County (the "Agreement "); and <br />WHEREAS, when approved, the Agreement contemplated a Project consisting of <br />a 177 unit apartment project; and <br />WHEREAS, SHAG desires to modify the Project to now encompass a 94 unit <br />condominium project rather than the 177 unit apartment project; and <br />WHEREAS, in conjunction with this modification of the Project, SHAC is seeking <br />amendment an amendment to the Agreement; and <br />WHEREAS, after public notice, on May 13, 2015, the Planning Commission held <br />a hearing, adopted Resolution PC- 2015 -12, and recommended the approval of the First <br />Amendment to the Development Agreement for SHAC Las Positas Apartments LLC; and <br />WHEREAS, at its meeting of June 16, 2015 the City Council reviewed the staff <br />report form the Director of Community Development, Planning Commission <br />recommendation, and held a public hearing at which time the applicant and members of <br />the public were offered an opportunity to present evidence regarding the First <br />Amendment of the Development Agreement. <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON <br />DOES HEREBY ORDAIN AS FOLLOWS: <br />SECTION 1. The City Council finds that the conditions described in California <br />Environmental Quality Act (CEQA) Guidelines Section 15162 have not occurred and <br />finds that the previously prepared Supplemental Environmental Impact Report (SEIR), <br />including the adopted CEQA Findings and Statement of Overriding Considerations in <br />City Council Resolution 12 -492, and the Addendum to the SEIR for the Project and <br />SHAC Las Positas Apartments LLC (SummerHill Home) Las Positas Townhome <br />Condominiums — CEQA Addendum Substantial Conformity memo are adequate to serve <br />as the environmental documentation for the modification to the Project and this First <br />Amendment to the Development Agreement and satisfy all the requirements of CEQA. <br />SECTION 2. The City Council finds that the proposed First Amendment to the <br />Development Agreement is consistent with the City's General Plan for the reasons set <br />forth in the staff report. <br />SECTION 3. The City Council approves the First Amendment to the <br />Development Agreement between the City of Pleasanton and SHAG Las Positas <br />Apartments LLC, a copy of which is attached hereto as Exhibit A and incorporated <br />herein aby the this reference, and authorizes the City Manager to execute the above - <br />referenced First Amendment when approved as to form by the City Attomey and directs <br />