Reso25-02 0024 PC Reso 901 El Camino Real

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ATTY/RESO.0024/PC RESO 901 EL CAMINO REV: 04-11-25 VR Page 19 of 20 equipment for a R&D, Lab use from neighboring views and reducing the visual impact of the equipment which is typically taller than mechanical equipment for a commercial office. In addition, the elevator overrun height is also necessary for use of the elevator to reach the roof area which houses the equipment as well as providing an additional outdoor open space amenity for the office with R&D, Lab uses building. Section 11.Development Agreement. Pursuant to Government Code section 65867.5, the Planning Commission finds based on facts and evidence in the record that: a. The provisions of the Development Agreement are consistent with the General Plan and any applicable specific plan. The Development Agreement provides for the development of the Project as a mixed-use office with R&D, Lab uses with ancillary improvements, which use is consistent with the General Plan and Downtown Precise Plan, as recommended to be amended. The proposed land uses are permitted at this location and the building will fit within the allowable building envelope. The Development Agreement will result in the provision of public benefits including, but not limited to, certain ancillary improvements such as new bike lanes, wider sidewalks, construction, maintenance, and furnishing of a Teen Center/Multi- Purpose community space, the construction and maintenance of a public open space plaza, construction and maintenance of the new daylighted creek, and a new SamTrans bus stop shelter. These uses are consistent with the General Plan for the reasons noted above, including Policy BE-11.6 that emphasizes pedestrian orientation in site and building design, promoting a walkable environment with active street frontages, well-scaled buildings, and usable site spaces, and also to provide public open spaces for public enjoyment, and include outdoor seating or other amenities that extend interior uses to the sidewalk. The Project is also consistent with Policy BC-3.1 which encourages incorporating flexible design characteristics into the renovation of existing and development of new parks and community facilities while incorporating education with recreation opportunities. Further, the Development Agreement provides for the donation of land at 920 Shasta Street and 122 Buckeye Street for the construction of 99 affordable housing units plus one caretaker’s unit. This donation and subsequent affordable housing development is consistent with General Plan policy H-2.1 that supports the development of affordable housing, and Policy Program H2- 4, which discusses the Affordable Housing Ordinance and allowances for land dedication. The Development Agreement also provides that the Applicant and the Affordable Housing Partner will enter into a Partial Assignment and Assumption Agreement of the Development Agreement, in which the applicant will assign all of its rights, title, and obligations under the Development Agreement, as it relates to the Affordable Housing Project, to the Affordable Housing Partner. The Development Agreement also provides that the City