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Inst 2011 Agmt Wm Mathews Inc
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Inst 2011 Agmt Wm Mathews Inc
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12/13/2011 9:18:06 AM
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12/13/2011 9:17:43 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Recorded Document Type
Development Agreement
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G. City has determined that by entering into this Development Agreement: (1) City <br /> will ensure the productive use of property and foster orderly growth and quality development in <br /> City; (2) development will proceed in accordance with the goals and policies set forth in the City <br /> of San Leandro General Plan (the "General Plan ") and will implement City's stated General Plan <br /> policies; (3) City will receive substantially increased property tax revenues; and (4) City will <br /> benefit from increased housing and employment opportunities for residents of City created by the <br /> Project. <br /> H. Developer has applied for, and City has granted, the Project Approvals (as defined <br /> in Section 1.4) in order to protect the interests of its citizens in the quality of their community and <br /> environment. As part of the Project Approvals, City has undertaken, pursuant to the California <br /> Environmental Quality Act (Public Resources Code Section 21000 et seq., hereinafter "CEQA "), <br /> the required analysis of the environmental effects that would be caused by the Project and has <br /> determined those feasible mitigation measures which will eliminate, or reduce to an acceptable <br /> level, the adverse environmental impacts of the Project. The environmental effects of the <br /> proposed development of the Property were originally analyzed by the Mitigated Negative <br /> Declaration (as defined in Section 1.4.1) adopted by City on November 21, 2011 in connection <br /> with the Project. City has also adopted a mitigation monitoring and reporting program (the <br /> "MMRP ") to ensure that those mitigation measures incorporated as part of, or imposed on, the <br /> Project are enforced and completed. Those mitigation measures for which Developer is <br /> responsible are incorporated into, and required by, the Project Approvals. <br /> 1. In addition to the Project Approvals, the Project may require various additional <br /> land use and construction approvals, termed Subsequent Approvals (as defined in Section 1.4.7), <br /> in connection with development of the Project. <br /> J. City has given the required notice of its intention to adopt this Development <br /> Agreement and has conducted public hearings thereon pursuant to Government Code <br /> Section 65867. As required by Government Code Section 65867.5, City has found that the <br /> provisions of this Development Agreement and its purposes are consistent with the goals, <br /> policies, standards and land use designations specified in City's General Plan. <br /> K. On October 20, 2011, the City of San Leandro Planning Commission ( "Planning <br /> Commission "), the initial hearing body for purposes of development agreement review, <br /> recommended approval of this Development Agreement pursuant to Resolution No. 201 1- 001PC. <br /> On December 5, 2011, the City of San Leandro City Council ( "City Council ") adopted its <br /> Ordinance No. 2011-013 approving this Development Agreement and authorizing its execution. <br /> L. For the reasons recited herein, City and Developer have determined that the <br /> Project is a development for which this Development Agreement is appropriate. This <br /> Development Agreement will eliminate uncertainty regarding Project Approvals (including the <br /> Subsequent Approvals), thereby encouraging planning for, investment in and commitment to use <br /> and development of the Property. Continued use and development of the Property will in turn <br /> provide substantial housing, employment, and property tax benefits, and contribute to the <br /> provision of needed infrastructure for area growth, thereby achieving the goals and purposes for <br /> which the Development Agreement Legislation was enacted. <br /> 2 <br />
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