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Inst 2014153467
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Inst 2014153467
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8/6/2014 9:31:36 AM
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8/6/2014 9:31:33 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/21/2014
Recorded Document Type
Development Agreement
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PERM
Document Relationships
Ord 2014-002
(Approved by)
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\City Clerk\City Council\Ordinances\2014
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Agreement,to inject a sufficient degree of certainty in the land use regulatory process to justify <br /> the substantial financial investment associated with development of the Project. As a result of the <br /> execution of this Development Agreement, both Parties can be assured that the Project can <br /> proceed without disruption caused by a change in City planning and development policies and <br /> requirements,which assurance will thereby reduce the actual or perceived risk of planning, <br /> financing and proceeding with construction of the Project. <br /> H. City is desirous of advancing the socioeconomic interests of City and its residents <br /> by attracting advanced technology companies to the San Leandro fiber loop, attracting companies <br /> that can create significant employment that will benefit from access to and create ridership for <br /> BART and Alameda Contra Costa Transit;promoting pedestrian and bicycle access to downtown <br /> San Leandro;promoting the productive use of property and encouraging quality development and <br /> economic growth,thereby enhancing employment opportunities, including but not limited to <br /> high-skilled technology and related professional employment, for residents and expanding City's <br /> property tax base. <br /> I. 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 <br /> Plan policies; (3) City will receive substantially increased property tax revenues; (4) City will <br /> benefit from increased employment and housing opportunities for residents of City that are <br /> created by the Project; and(5)the Project will contribute to the revitalization of Downtown <br /> San Leandro. <br /> J. Developer has applied for, and City has granted,the Project Approvals (as defined <br /> in Section 1.7) in order to protect the interests of its citizens in the quality of their community and <br /> environment. <br /> K. City has undertaken,pursuant to the California Environmental Quality Act <br /> (Public Resources Code Section 21000 et seq., hereinafter"CEQA"),the required analysis of the <br /> environmental effects that would be caused by the Project and has determined those feasible <br /> mitigation measures which will eliminate, or reduce to an acceptable level,the adverse <br /> environmental impacts of the Project. The environmental effects of the proposed development of <br /> the Property were analyzed by the Final Environmental Impact Report(the "2007 FEIR") <br /> certified by City on September 4, 2007 in connection with the TOD Strategy. City has also <br /> adopted a mitigation monitoring and reporting program (the "MMRP")to ensure that those <br /> mitigation measures incorporated as part of, or imposed on, the Project are enforced and <br /> completed. Those mitigation measures for which Developer is responsible are incorporated into, <br /> and required by,the Project Approvals. <br /> L. 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 1.7.6), <br /> in connection with development of the Project. <br /> M. 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 /> 2 <br />
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