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ATTACHMENT 2 CITY OF PLEASANTON MEASURE D Development Agreement for the Oak Grove project D Shall the Development Plan for YES between the property owners and the City) are linked. the Oak Grove property be Ordinance No. 1962 provides that if Ordinance No. 1961 approved? NO is set aside by referendum, then Ordinance No. 1962 shall be of no force or effect. Measure D is before the voters based upon City Coun- CITY ATTORNEY'S IMPARTIAL ANALYSIS OF cil action to place it on the ballot after the City's receipt of MEASURE D a qualified referendum petition. Measure D allows Pleasanton voters to decide whether If voters approve Measure D, the Oak Grove develop to adopt or reject a development plan for the Oak Grove ment plan will go into effect. property. This development plan, approved by the City If voters defeat Measure D, the Oak Grove develop Council through its adoption of Ordinance No. 1961, ment plan will be of no force and effect. would create 51 lots for custom homes on a 562 acre site at Dated: February 26, 2010 the end of Hearst Drive, subject to conditions of approval. s /JONATHAN LOWELL, City Attorney The environmental impacts that would result from City of Pleasanton development of this project were analyzed in an Environ- mental Impact Report (EIR) certified by the City Council. The EIR considered project alternatives, described mitiga- tion measures to eliminate or reduce most of the environ- mental impacts of the project, and adopted a statement of overriding considerations for what could not be mitigated. These are set forth in Exhibit A of Ordinance No. 1961. Ordinance No. 1961 establishes Planned Unit Devel- opment (PUD) zoning that governs this site and subjects development there to conditions of approval (set forth in Exhibit B of Ordinance No. 1961) regarding site design regulations, grading requirements, air quality restrictions, protection of special status species, hazard abatement, dis- closure requirements, construction limits, design guide- lines, development standards, engineering requirements, tree preservation and mitigation, fire safety, geotechnical requirements, water quality protection, open space dedica- tion, payment of school impact fees, traffic mitigation (including the payment of traffic related fees), as well as other building permit requirements. The conditions require the property owners to dedicate 496 acres of the site as permanent open space and to construct a regional trail and related improvements within the open space area. The Oak Grove development plan addresses the cre- ation of lots, and regulates house size and height; it does not approve the design of any particular home. Issues relating to design, siting, and construction of each home would be addressed in the future through the project's design review process. This process consists of City plan- ning staff review, subject to appeal by any interested party, Planning Commissioner or City Council member to be considered at a public hearing before the Planning Com- mission or City Council. The plans submitted to the City by the property own- ers' representatives, PUD zoning, EIR mitigation mea- sures, and conditions of approval imposed by the City, collectively make up the development plan for the Oak Grove property approved by the City Council by its adop- tion of Ordinance No. 1961. By their own terms, Ordinance Nos. 1961 (regarding the Oak Grove development plan) and 1962 (approving a PLMD -1