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the deadline indicated in the MOU for approval was August 31, 2007, which was not able to occur, and he has confirmed approval tonight by the Council would not invalid it. Councilmember McGovern questioned if Granite would reduce the odor of the plant once relocated. Mr. Roush said Granite will have the opportunity to install odor-reducing mitigation measures either now or once relocated. She questioned if environmental review would be required once relocation takes place, and Mr. Roush said the County has taken the position that no CEQA review was required with the relocation. Mary Roberts said the plant makes rubberized asphalt at 4:00 a.m., the odor is horrible and she felt the 40 new homeowners would most likely be complaining. The Mayor closed public comment. Motion: It was M/S by McGovernlThorne to approve and authorize the City Manager to execute a Memorandum of Understanding between the County of Alameda, City of Pleasanton, CEMEX and Granite Construction Co. concerning the relocation of the asphalt plant operated by Granite to another site on the CEMEX property. Ayes: Cook-Kallio, McGovern, Sullivan, Thorne, Mayor Hosterman Noes: None Absent: None 17. Public Hearing: PUD-33, James Tong/Charter Properties, Jennifer Lin, Frederic Lin, and Kevin Lin -Consideration of: (1) the Final Environmental Impact Report for the Oak Grove development; (2) an application for a PUD development plan for the Oak Grove development to subdivide an approximately 562-acre site into 51 custom home sites and to designate the remaining area for permanent open space; and (3) the Development Agreement to vest the entitlements covered by this application. The property is located at 1400 Hearst Drive, near the present terminus of Hearst Drive on the southerly sides of the Vintage Hills and the Grey Eagle Estates developments and is zoned PUD - RDR/OS (Planned Unit Development -Rural Density ResidentiaVOpen Space) District Planning Director Iserson provided a description of the property and its location, said 66 acres of the 562 acres would be developed with homes and streets and a total of 77 acres would be graded. In addition, 496 acres of permanent open space would be dedicated to the City with a conservation easement to retain the open space in perpetuity. He presented the site's context to the surrounding area, said the original proposal was for 98 lots, an EIR was prepared, staff worked with neighbors and the developer on a number of issues which included traffic, visibility, treatment of open space, fire emergency access, and sizes of houses and the EIR includes many mitigation measures which are included as conditions of approval. The Planning Commission held two public meetings in June 2007 and determined the EIR was not adequate mainly because of visual analysis, did not recommend certification of the EIR and did not take action on the PUD, which effectively denied the project. The applicant has appealed the decision, staff has continued to work with the applicant and neighbors on issues identified, the project was reviewed by the Trails Ad Hoc Committee and the Parks and Recreation Commission who looked at ownership of the open space and trail plan and recommended approval of that portion of the project. The Housing Commission also reviewed the Housing agreement associated with the development and City Council Minutes 8 September 4, 2007