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advantages to the developer and the local agency by entering into a development agreement. Entitlements Often a Development Agreement will lock in certain standards and preclude the City, for example, from making changes to the standards or procedures that would conflict with the project approvals or that would limit or control the phasing of sequencing of the project; that is the case here. Fees, however, that are applied citywide to all substantially similar projects may be applied to this project unless those fees -the in lieu park dedication fees, for example -are expressly waived by the Agreement reflecting the applicant's dedication of open space land to the City. Note that the Development Agreement for Oak Grove reflects the entitlement set forth by the PUD development plan and conditions of approval. However, the Development Agreement does not copy these conditions word-for-word. The Development Agreement also incorporates, where applicable, the mitigation measures of the Environmental Impact Report. Hence, a development agreement cannot be used to change the development after the overall entitlement process is completed. Review During the term of the Development Agreement, City staff will conduct a periodic review and audit of the development to determine the developer's good faith compliance with the terms of the Agreement. The Planning Director reports to the City Council whether there is/is not such compliance. The Planning Director's determination can be appealed to the City Council. If the City Council determines that the project is not in compliance, then the Development agreement may be modified or terminated. If terminated, the City may elect to open the review process and, based upon findings, effect changes to the development's entitlements. Therefore, for the developer to "enjoy" the benefits and protections provided by the development agreement, the developer must comply in good faith with the Agreement. Modification As with any City approval, the development agreement can be modified upon request by the applicant and the administration of due process. Due process here would include, but not necessarily be limited to, a request to modify the PUD development plan in some manner and a determination that the request is covered by the Oak Grove EIR. If not covered by the EIR, new environmental review would be required. VII. ADDITIONAL COMMISSION COMMENTS Housing Commission The Pleasanton Housing Commission heard the applicant's proposal at its public hearing held on January 18, 2007. The public hearing minutes are attached as Exhibit I-1. The Housing Commission voted to require that the 20 affordable units be produced within five years starting from approval of the final subdivision map and that the developer provide the City with an annual progress report. PUD-33 Page 55 of 59 June 13, 2007