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<br />09/27/2010 <br /> <br />ORIGINAL <br /> <br />ORDINANCE NO. 2359 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDWOOD <br />CITY APPROVING FIRST AMENDMENT TO THE DEVELOPMENT <br />AGREEMENT BY AND BETWEEN THE CITY OF REDWOOD CITY AND <br />R.C. PENINSULA PARK, LLC FOR THE DEVELOPMENT OF THE <br />PENINSULA PARK DEVELOPMENT PROJECT <br /> <br />WHEREAS, R.C. Peninsula Park, LLC, a Delaware limited liability company (the <br />"Developer") is the owner of certain real property located within the City (the "Property"); <br />and <br /> <br />WHEREAS, Pursuant to California Government Code Section 65864, et seq., <br />the City and the Developer entered into that certain Development Agreement <br />concerning the development of the Property, dated as of February 13, 2008 ("the <br />Original Agreement") which was initially recorded in the Official Records of San Mateo <br />County on April 9, 2008 as Instrument No. 2008-039357 and was subsequently re- <br />recorded on July 28, 2008 as Instrument No. 2008-08768; and <br /> <br />WHEREAS, the Property is located within the area governed by the Peninsula <br />Park Precise Plan, adopted by the City on December 17,2007 by Resolution No. 14830 <br />(the "Precise Plan"); and <br /> <br />WHEREAS, the Precise Plan allows the Property to be developed with <br />improvements consisting of up to 796 residential units, 10,000 rentable square feet of <br />commercial retail space, and a hotel of up to 200 rooms, together with open space, <br />streets, walkways, waterfront esplanades and ancillary facilities (the "Original Project"); <br />and <br /> <br />WHEREAS, on July 8, 2003, the City Council certified an Environmental Impact <br />Report for the Marina Shores Village Project (the "EIR"). A notice of determination for <br />the EIR was filed on June 8, 2004. On December 17, 2007, the City Council approved <br />an Addendum to the EIR (the "EIR Addendum") reflecting modifications to the project as <br />it had been originally proposed and a Mitigation Monitoring Reporting Program and a <br />Statement of Overriding Considerations; and <br /> <br />WHEREAS, subsequent to the approval of the Original Agreement, the <br />Developer diligently pursued obtaining state and federal agency approvals and permits <br />necessary to implement the Original Project, but certain of such agencies indicated that <br />they would not issue permits that would allow development of the originally-planned 796 <br />residential units proposed in the Original Project; and <br /> <br />ATTY/ORD/ORD.337 <br />090910 <br /> <br />1 <br /> <br />#2359 <br />MUFF # 304 <br />