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COMMISSION RECOMMENDATIONS Planning Commission: At its public hearing held on June 27, 2007, the Planning Commission determined that the Final EIR was not adequate and therefore voted not to recommend certifying the Final EIR for the Oak Grove development . For this reason, the Planning Commission did not make a recommendation on the PUD development plan and the Development Agreement, effectively denying the project. Housing Commission: At its public hearing held on January 18, 2007, the Housing Commission recommended approval of the terms of a Housing Agreement to meet the City's Inclusionary Zoning Ordinance. Parks and Recreation Commission: At its public hearing held on January 11, 2007, the Parks and Recreation Commission, after meeting with the Trails Ad-Hoc Committee, recommended City ownership of the open space area and the construction of local/regional trails and a trail staging area. RECOMMENDATION Uphold the applicant's appeal of the Planning Commission's denial and make the following actions: 1. Find that the Final Environmental Impact Report (Final EIR) conforms to the California Environmental Quality Act (CEQA), make the Environmental Findings, including the Statement of Overriding Considerations, stated in Exhibit B-4, dated September 4, 2007, and adopt the resolutions approving the environmental findings and statement of overriding considerations and certifying the Final EIR; 2. Find that the proposed project conforms to the goals and policies of the Pleasanton General Plan and conforms to the purposes of the PUD Ordinance, and make the PUD Development Plan Findings 1 through 6 as stated in Exhibit C-1; 3. Introduce the ordinance approving the PUD development plan fora 51-lot custom home development including the dedication of 496 acres as open space in perpetuity, public trails and staging areas in the open space area, and miscellaneous public infrastructure including a water tank, drainage facilities, etc., shown on Exhibit A of Case PUD-33, dated "August 24, 2007"; 4. Find that the Housing Agreement conforms to the Inclusionary Zoning Ordinance and authorize the City Manager to sign the Agreement; and, 5. Find that the Development Agreement conforms to the Pleasanton General Plan and introduce the ordinance approving the Development Agreement. FINANCIAL STATEMENT The project developer will dedicate approximately 500 acres of land to the City (or to a Geologic Hazard Abatement District, the board of directors of which is the City Council) Page 2 of 27