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ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PLEASANTON APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PLEASANTON AND PLEASANTON GATEWAY, L.L.C., AS FILED UNDER CASE PUD-96. WHEREAS, Government Code, Sections 65865 through 65869.5, authorize a city to enter into binding development agreements with persons having legal interests in real property for the development of such property; and WHEREAS, Pleasanton Gateway, L.L.C., has applied to the City for a development agreement concerning its PUD development plan application for a high- density residential and medium-density residential development filed under Case No. PUD-96 ("the Project"); and WHEREAS, after public notice, on August 14, 2013, the Planning Commission held a hearing and recommended approval of the Development Agreement; and WHEREAS, at its meeting of September 3, 2013, the City Council reviewed the staff report from the Director of Community Development together with a copy of the staff report to the Planning Commission on this matter; and WHEREAS, on September 3, 2013, a duly-noticed public hearing was held by the City Council, at which time the applicant and members of the public were offered an opportunity to present evidence regarding the development agreement; and WHEREAS, the development agreement is for the Project, for which the City Council determined that the conditions described in California Environmental Quality Act (CEQA) Guidelines Section 15162 have not occurred and found that the previously prepared Supplemental Environmental Impact Report (SEIR), including the adopted CEQA Findings and Statement of Overriding Considerations in City Council Resolution 12-492, and the Addendum to the SEIR for the project are adequate to serve as the environmental documentation for this project and satisfy all the requirements of CEQA; and WHEREAS, the City Council finds that the proposed development agreement is consistent with the City's General Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Approves the Development Agreement between the City of Pleasanton and Pleasanton Gateway, L.L.C., a copy of which is attached hereto as Exhibit C and incorporated herein by this reference, and authorizes the City Manager to sign the Development Agreement.