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• Open space -park and trails; • Development Agreement/Conditions of Approval Issues; and, • Liability and indemnification of the Grey Eagle neighborhood. The item was continued to the June 27th meeting agenda. As a result of the June 27, 2007 hearing, the Planning Commission voted 3-2-0 (Commissioners Narum and Pierce in opposition) to not recommend certifying the Final EIR ,citing the above issues and the following: • The fact that the EVA through Grey Eagle Estates is unresolved; • Use of the 28-mm. lens for the visual analyses; • The lack of specific house designs analyzed in the visual analyses; and, • Lack of consideration of alternate fire-access routes including an EVA to Red Feather Court or through the Berlogar property. As a result of this action, the Planning Commission was unable to make a recommendation on the PUD development plan and the Development Agreement, effectively denying both. Note that three Planning Commissioners -Narum, Olsen, and Pierce -stated their support of the visual analyses in the Final EIR using the 28-mm. lens. On July 7, 2007, the applicant appealed the Planning Commission's actions.. V. DEVELOPMENT APPLICATION The Oak Grove development application includes four parts: the Final Environmental Impact Report, the PUD Development Plan, the Housing Agreement, and the Development Agreement. A brief discussion of these aspects of the proposal follows. Final Environmental Impact Report As to the Final EIR, the City Council should determine whether the Final EIR complies with CEQA standards for legal adequacy: whether the EIR has reasonably and fairly evaluated and disclosed environmental impacts, has identified mitigation measures, and has adequately addressed comments made on the Draft EIR. The findings and determinations must be supported by substantial evidence in the record. PUD Development Plan The PUD development plan includes the site design, grading plan, and design guidelines for the 51-lot plan now proposed. In staff's opinion, relative to the original 98- lot plan, the 51-lot plan provides an enhanced site layout that reduces environmental impacts identified in the Draft EIR, creates an improved lotting pattern, and creates an overall environmentally preferred plan. The PUD development plan incorporates by condition the mitigation measures identified in the Final EIR and the tree reforestation plan in the landscape design guidelines. The Council is being asked to determine whether the PUD findings can be made and whether the project should be approved. Housing Agreement The Housing Agreement memorializes the developer's commitment to provide affordable housing conforming to the City's Inclusionary Zoning Ordinance. The Page 9 of 27