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<br />6.38 <br />Page 2 <br /> <br />Precise Plan Area from the existing General Commercial "CG" Zoning District to the <br />. Planned Community "P" Zoning District; and <br /> <br />WHEREAS, on ,2007 the City Council adopted a resolution approving <br />the Peninsula Park Precise Plan (the "Precise Plan"); and <br /> <br />WHEREAS, on , 2007, the City Council introduced an ordinance to <br />enter into a development agreement with R.C. Peninsula Park, LLC for the development <br />of the Peninsula Park Development Project subject to adding a recital with respect to <br />the use of union labor on the private portions of the project and clarifying language <br />being provided to Section 8 of the agreement; and <br /> <br />WHEREAS, on , 2008, recital 15 was added to the Development <br />Agreement as follows: <br />"Developer intends to build the Project using union workers pursuant to an <br />agreement acceptable to both Developer and the Building Trades Council of San Mateo <br />County, and City hereby agrees not to interfere in the negotiation of any such <br />agreement unless and to the extent such agreement relates to the construction of Public <br />Property Improvements (as defined in Section 4.2 below)." <br />And, <br /> <br />WHEREAS, on , 2008, clarifying language was added to Section 8 <br />Adiustment if Comoeting Projects are Subject to Lesser Affordable Housina <br />ReQuirements of the Affordable Housing Plan to read in its entirety as follows: <br />"The City acknowledges that Developer's obligation to finance affordable housing <br />pursuant to this Affordable Housing Plan has been negotiated as a voluntary <br />contribution on Developer's part. City agrees that if at any time prior to the eighth ("8th>>) <br />anniversary of the issuance of the first certificate of occupancy for the residential portion <br />of the Project, City requires other developments (i) to make an in-lieu affordable housing <br />contribution of less than $10,000 per market-rate home; or (ii) to pay less than $10,000 <br />per Affordable Home; or (iii) to provide Affordable Homes fewer in number than 15% of <br />the market rate homes in the development; or (iv) to provide on-site Affordable Homes <br />fewer in number than 5% of the market-rate homes in the development, then <br />Developer's obligations under this Affordable Housing Plan shall be reduced to be <br />equivalent to such lesser requirements. This provision shall not apply to residential <br />developments of fewer than twenty (20) homes or to residential developments for which <br />a compfete application for a Precise Plan is being processed by the City as of January <br />1, 2008, or for which a complete design review application such as an Architectural <br />Permit, Planned Development Permit, and/or Planned Community Permit has been filed <br />with the City prior to the Effective Date of the Agreement." <br /> <br />NOW, THEREFORE the Council of the City of Redwood City does ordain as <br />follows: <br /> <br />SECTION 1. FINDINGS. The City Council finds that the provisions of the <br />Development Agreement by and between the City and the Developer for the <br /> <br />Atty/OrdlOrd.296 <br />010708 <br /> <br />2 <br />