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ORDINANCE NO. 1961 <br />AN ORDINANCE APPROVING THE APPLICATION OF JAMES TONG, <br />CHARTER PROPERTIES (OAK GROVE DEVELOPMENT), FOR PUD <br />DEVELOPMENT PLAN APPROVAL, AS FILED UNDER CASE PUD-33 <br />WHEREAS, James Tong, Charter Properties, has applied for Planned Unit <br />Development (PUD) development plan approval to create 51 custom home sites and to <br />designate the remaining area for permanent open space, on a 562-acre site located at <br />1400 Hearst Drive, near the present terminus of Hearst Drive, to the south of the <br />Vintage Hills and the Grey Eagle Estates, and to the east of Kottinger Ranch; and <br />WHEREAS, zoning for the property is PUD-RDR/OS (Planned Unit Development <br />- Rural Density Residential/Open Space) District; and <br />WHEREAS, an Environmental Impact Report was prepared for this project, and a <br />resolution certifying the Environmental Impact Report as complete and adequate in <br />compliance with the California Environmental Quality Act was adopted on October 2, <br />2007; and <br />WHEREAS, the Environmental Impact Report disclosed several possible <br />significant adverse impacts, most of which could be mitigated, but two adverse impacts <br />which were considered significant and unavoidable; and <br />WHEREAS, the City Council received the Planning Commission's decision to <br />decline certification of the Environmental Impact Report and its comments on the <br />project; and <br />WHEREAS, City staff has recommended that the benefits of the project -social, <br />economic, and environmentaVland use -outweigh the few significant adverse <br />environmental impacts, thereby justifying approval of the project; and <br />WHEREAS, duly noticed public hearings were held on September 4, 2007 and <br />October 2, 2007; and <br />WHEREAS, the City Council finds that this PUD development plan is consistent <br />with the General Plan land use designation of the site, the General Plan policies of the <br />City of Pleasanton, and the purposes of the PUD ordinance. <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON <br />DOES HEREBY ORDAIN AS FOLLOWS: <br />SECTION 1. The City Council makes the following findings: <br />1. That all significant adverse effects enumerated in the Environmental <br />Impact Report which can feasibly be avoided have been eliminated or <br />