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DRAFT Commissioner Pearce moved to find that the conditions described in CEQA Guidelines Section 15162 have not occurred as described in the addendum to the SEIR and that the previously prepared SEIR, including the adopted CEQA findings and Statement of Overriding Considerations, and the Addendum to the SEIR are adequate to serve as the environmental document for this project and satisfy all the requirements of CEQA; that the proposed PUD Development Plan and Development Agreement are consistent with the General Plan; and that the exceptions to the Housing Site Development Standards and Design Guidelines as listed in the staff report are appropriate; to make the PUD findings for the proposed Development Plan as listed in the staff report; and to recommend approval to the City Council of Case PUD-85-08-01D-04M , Major Modification and Development Plan, subject to Conditions of Approval listed in Exhibit A of the staff report, and of Case P13-0030, a Development Agreement for the project, with the following modifications: PUD Maior Modification and Development Plan: 1. Add the phrase "or as otherwise approved by the Director of Community Development" to Condition No. 40 regarding stockpiling of dirt; Condition No. 55 regarding developing and implementing a program for reclaimed water, grey water, and/or rainwater harvesting systems; and Condition No. 88 regarding incorporating Universal Design into the apartment units. 2. Modify Condition No. 64 to indicate that Energy Star appliances shall be used if available. 3. Modify Condition No. 71 to require each retail tenant space to be sub-metered. 4. Replace Condition No. 93 with the agreement being crafted between the applicant and the Pleasanton Unified School District regarding payment of school impact and supplemental mitigation fees. 5. Modify Condition No. 100 to indicate that reclaimed gray water, rain water, etc., shall be used when available. Development Agreement: 1. Section 3.05.School Fees shall be replaced by the above-mentioned agreement between the applicant and the Pleasanton Unified School District. 2. Revise the applicable section of the Development Agreement if it is determined that the applicant is eligible for the NPID rate for the traffic fee. Commissioner Narum seconded the motion. Regarding the solar matter and Title 24 requirements, Commissioner Narum inquired if the Commission would let the applicant go ahead with the 100 points. Commissioner Pearce indicated that she would like to leave it as is for row and that she would be willing to have a larger policy conversation if the Commission desires, but in the future and not with regard to this application. DRAFT EXCERPT: PLANNING COMMISSION MINUTES, 3/27/2013 Page 21 of 22