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[~ ORDINANCE NO. 1961 AN ORDINANCE APPROVING THE APPLICATION OF JAMES TONG, CHARTER PROPERTIES (OAK GROVE DEVELOPMENT), FOR PUD DEVELOPMENT PLAN APPROVAL, AS FILED UNDER CASE PUD-33 WHEREAS, James Tong, Charter Properties, has applied for Planned Unit Development (PUD) development plan approval to create 51 custom home sites and to designate the remaining area for permanent open space, on a 562-acre site located at 1400 Hearst Drive, near the present terminus of Hearst Drive, to the south of the Vintage Hills and the Grey Eagle Estates, and to the east of Kottinger Ranch; and WHEREAS, zoning for the property is PUD-RDR/OS (Planned Unit Development - Rural Density Residential/Open Space) District; and WHEREAS, an Environmental Impact Report was prepared for this project, and a resolution certifying the Environmental Impact Report as complete and adequate in compliance with the California Environmental Quality Act was adopted on October 2, 2007; and WHEREAS, the Environmental Impact Report disclosed several possible significant adverse impacts, most of which could be mitigated, but two adverse impacts which were considered significant and unavoidable; and WHEREAS, the City Council received the Planning Commission's decision to decline certification of the Environmental Impact Report and its comments on the project; and WHEREAS, City staff has recommended that the benefits of the project -social, economic, and environmental/land use -outweigh the few significant adverse environmental impacts, thereby justifying approval of the project; and WHEREAS, duly noticed public hearings were held on September 4, 2007 and October 2, 2007; and WHEREAS, the City Council finds that this PUD development plan is consistent with the General Plan land use designation of the site, the General Plan policies of the City of Pleasanton, and the purposes of the PUD ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council makes the following findings: 1. That all significant adverse effects enumerated in the Environmental Impact Report which can feasibly be avoided have been eliminated or