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WHEREAS, on November 19, 2019, the City Council conducted a duly noticed <br />public hearing to consider the EIR, Development Agreement No. 2018-01, General <br />Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and <br />Environmental Impact Report for the Project, at which hearing members of the public <br />were afforded an opportunity to comment upon Development Agreement No. 2018-01; <br />and <br />WHEREAS, entering into this Development Agreement would provide the City <br />with extraordinary and significant benefits that are of regional significance, relate to <br />existing deficiencies in public facilities, require the owner of 2525 North Main Street to <br />contribute a greater percentage of benefits than would otherwise be required, and <br />represent benefits which would not otherwise be required as part of the development <br />process; and <br />WHEREAS, the Project and the use that the Developer proposes in connection <br />with the Property have been extensively reviewed and considered by the City, and such <br />proposed development and use have been found to accommodate the City's <br />recommendations and suggestions in order to protect the public's interest to enhance <br />the desirability of such proposed development and use. The terms and conditions of <br />this Development Agreement have been found to be fair, just and reasonable, and the <br />City has concluded that the pursuit of the Project will serve the interests of the City; and <br />WHEREAS, the City Council has determined that by entering into the <br />Development Agreement: (i) the City will promote orderly growth and quality <br />development on the Property in accordance with the goals and policies set forth in the <br />General Plan; and, (ii) significant benefits will be created for City residents and the <br />public generally from increased employment, housing, the installation of security fencing <br />under the Broadway overpass and 1-5 freeway overpass for neighborhood safety, and, <br />parks and/or park improvements; and <br />WHEREAS, Environmental Impact Report No. 2018-01 (State Clearinghouse <br />No. 2018021031) for the proposed Project was circulated between August 7, 2018 <br />and October 4, 2018; and <br />WHEREAS, the Environmental Impact Report analyzed the impacts related to <br />the proposed amendment to the zoning map and adoption of Specific Development <br />No. 93; and <br />WHEREAS, the City and Developer have reached mutual agreement and <br />desire to voluntarily enter into the Development Agreement to facilitate development <br />of the Project subject to the conditions and requirements set forth therein; and <br />WHEREAS, the terms and conditions of the Development Agreement have <br />undergone review by the City Council at a publicly noticed hearing and have been <br />found to be fair, just, and reasonable, and consistent with the General Plan; and <br />Ordinance NS-2979 <br />Page 4 of 10 <br />#19168v1 <br />11 A-6 <br />