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1. BACKGROUND <br />On June 13, 2007 the Planning Commission heard presentations for the Oak Grove <br />Planned Unit Development from staff, the applicant's representative, the applicant's <br />consultants who defined the various elements of the proposed residential development <br />project, and members of the public. <br />The responsibility of the Planning Commission is to provide a recommendation to the <br />City Council with regard to certification of the Environmental Impact Report (EIR); the <br />proposed PUD development plan, which is the environmentally preferred 51-unit plan; <br />and the Development Agreement. All the agreements, text, and existing visuals were <br />provided to the Commissioners. <br />As to the Final EIR, the Planning Commission's charge is to recommend to the City <br />Council whether the Final EIR complies with the standards in CEQA for legal adequacy: <br />whether the EIR has reasonably and fairly evaluated and disclosed environmental <br />impacts, has identified mitigation measures, and has adequately addressed comments <br />made on the Draft EIR; and whether the proposed findings and determinations are <br />supported by substantial evidence in the record. <br />The PUD development plan primarily addresses the design, functionality, and <br />guidelines, both site and architectural, associated with the Planned Unit Development <br />showing how the reduced number of units from the originally proposed 98 units to <br />51 units has: (1) provided an enhanced site layout plan that reduced environmental <br />impacts as previously identified in the Draft EIR, (2) provided an improved lotting <br />pattern, and (3) created, overall, an environmentally preferred plan that staff supports. <br />The Commission's charge here is to recommend to the Council whether the PUD <br />findings can and should be made and whether the project, as proposed, should be <br />approved. <br />The Development Agreement is a contract that allows the developer and the City to <br />establish the rules and procedures that will govern the property's development. <br />Normally, in exchange for the rights that are established in the Development <br />Agreement, the developer agrees to construct certain improvements or provide certain <br />amenities, such as the 497 acres of open space, that the local agency could not <br />otherwise require the developer to provide. Exhibit A, which contains the elements of <br />the project, is referred to and contained within the document ensuring that it is <br />constructed as reviewed and approved by the decision-making bodies. As with the <br />PUD plan, the Commission's charge is to recommend to the Council whether the <br />Development Agreement should be approved. <br />PUD-33, Oak Grove Planned Unit Development Planning Commission <br />Page 2 <br />