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BACKGROUND On October 17, 2006, City Council adopted Ordinance 1942, approving the rezoning of an approximately 30-acre hillside parcel located at 3459 Old Foothill Road from an agriculture district to a PUD-LDR district on eight acres, and to PUD-OS/AG district on the remaining 22 acres. At the same meeting, City Council approved the application of Charles Austin and Scott Austin for a PUD development plan to subdivide eight acres into lots for eight custom homes, and to deed the remaining 22 acres for permanent open space. On May 23, 2007, the City's Planning Commission adopted Resolution No. PC-2007-25 approving Vesting Tentative Tract Map 7813, consistent with City Council's approval of the PUDs for the property. Subsequently, the tentative map was extended administratively by the City and benefitted from extensions allowed by State of California legislation that extended map entitlements due to the Great Recession. Nearing the expiration of the Tentative Map, and with no other simple extensions possible, the property owners approached the City to seek a development agreement whereby the map would be extended for ten years in return for 22 acres of open space being immediately deeded to the City. On December 8, 2014, a 22-acre parcel was transferred to the City of Pleasanton and recorded with the Alameda County Clerk- Recorder's Office as Instrument Number 2014-299746. On February 10, 2017, the Planning Manager approved an application for a Planned Unit Development (PUD) Minor Modification to PUD-58 to: (1) eliminate the previously approved design guidelines and approve the applicant's newly proposed home designs; (2) modify the development's approved street configuration; and (3) amend the previously approved grading plan to reflect the revised Army Corp of Engineers' preliminary jurisdictional determination map. The PUD Minor Modification became effective after the appeal period of 20 calendar days on March 3, 2017. DISCUSSION The Final Map and Public Improvement Plans for the approximately eight-acre subdivision are now complete. The approximately 22 acres were transferred to the City for the purpose of open space for public use. The conditions of approval for the project require the developer to maintain landscaping in the buffered area surrounding the project both for aesthetic and fire break purposes. The project must also include a bio-retention area as required by the Regional Water Quality Control Board. These facilities were shown on the plans during the approval process, and the facilities have been designed for construction within the improvement plans. However, when the land was transferred to the City in 2014 it included the land intended for these facilities. For this reason, staff recommends approval of the Easement and Maintenance Agreement which, at project completion, will allow the Homeowners Association (or its contractors) to enter the land for maintenance purposes. Kingbird Court, the street serving the development, will be public and the Final Map dedicates the street to the City of Pleasanton. Water, sewer, and other utilities necessary for the development will be constructed within the street. Page 2 of 3