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be constructed at a height which would be unacceptable to the City, the Developer and Ponderosa. Ponderosa's consultant worked with Jetter to determine an alternative site plan and Net design which would enable the Developer to proceed with a viable phased project. 3. The result of the design and negotiations between the Developer, Ponderosa, ACF and Jetter is the proposal for a two - phased project. Phase One will consist of a 16 -lot subdivision to be protected by the Net which will range in height from 40 to 50 feet and will protect Phase One from golf balls. Phase Two of the project will consist of a 3 -lot subdivision which will be developable upon the earlier of the date the Jetters cease Range operations or when the Jetter lease with ACF expires, which is anticipated to occur on or about August 15, 2034. 4. The Developer, Ponderosa and Jetter have reached a separate agreement whereby the Jetters agree to support the approval of the Application, the forbearance of any legal action against Jetter by the Developer, the construction and maintenance of the Net on the ACF property and Project Site and the disclosure of the Range and related issues to Ponderosa's future home buyers. D. City has undertaken several actions to meet its obligations to review the Ponderosa application and to approve residential uses on the Project Site. These include, without limitation, the following: 1. CEOA Compliance. A Supplemental Environmental Impact Report (SEIR) was prepared for the Housing Element update in 2011. The Project Site was part of that Housing Element update. The Application is substantially consistent with the 2011 Housing Element update, which was analyzed in the SEIR. No new information or changed circumstances have occurred that would require supplemental environmental review, pursuant to California Environmental Quality Act (CEQA) Guidelines § 15162. 2. Planned Unit Development. Following review and recommendation by the City Planning Commission and after a duly noticed public hearing, the City Council, by Ordinance approved a Planned Unit Development ( "PUD ") development plan for the Project Site (the "PUD Development Plan "), which rezoned the Project Site to allow for the 19- lot subdivision in two phases. 3. Growth Management Agreement. Following review and approval of the PUD Development Plan by the City Council, by Resolution No. _ determined that it is in the best interests of the City to approve a Growth Management Agreement covering the Project Site. 4. Affordable Housing Agreement. Following review and recommendation of the Housing Commission and after a duly noticed public hearing, the City Council approves Ponderosa's application to utilize eight (8) Inclusionary Zoning Credits that it owns from the previously approved Ironwood Development (Approved under PUD -18 Ordinance No. 1866 and Affordable Housing Agreement dated August 6, 2003, as amended) in order to meet the Inclusionary Zoning requirements for the proposed subdivision. 2of10