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Chapter 17.44 INCLUSIONARY ZONING Page 5 of 8 in the project shall be eligible for a waiver of the lower income housing fee. For single family residential projects which meet the affordability threshold with moderate income units, or multiple family residential projects which do not meet the affordability threshold, only the inclusionary units shall be eligible for a waiver of the lower income housing fee except as otherwise approved by the city council. To assure affordability over the life of the unit, the affordable housing agreement shall be recorded with the property deed or other method approved by the city attorney. In the event an inclusionary unit is affordable by design the affordable housing agreement shall stipulate the method for assuring that the units retain their affordability as the housing market changes. The community development director may waive the requirement for an affordable housing agreement for projects approved prior to the effective hereof and /or for projects that have their affordable housing requirements included in a development agreement or other city document. (Ord. 2000 1, 2009; Ord. 1818 1, 2000) 17.44.070 Incentives to encourage on -site construction of inclusionary units. The city shall consider making available to the applicant incentives to increase the feasibility of residential projects to provide inclusionary units. Incentives or financial assistance will be offered only to the extent resources for this purpose are available and approved for such use by the city council or city manager, as defined below, and to the extent that the project. with the use of incentives or financial assistance, assists in achieving the city's housing goals. However, nothing in this chapter establishes, directly or through implication, a right of an applicant to receive any assistance or incentive from the city. Any incentives provided by the city shall be set out in the affordable housing agreement pursuant to Section 17.44.060 of this chapter. The granting of the additional incentives shall require demonstration of exceptional circumstances that necessitate assistance from the city, as well as documentation of how such incentives increase the feasibility of providing affordable housing. The following incentives may be approved for applicants who construct inclusionary units on -site: A. Fee Waiver or Deferral. The city council, by resolution, may waive or defer payment of city development impact fees and /or building permit fees applicable to the inclusionary units or the project of which they are a part. Fee waivers shall meet the criteria included in the city's adopted policy for evaluating waivers of city fees for affordable housing projects. The affordable housing agreement shall include the terms of the fee waiver. B. Design Modifications. The granting of design modifications relative to the inclusionary requirement shall require the approval of the city council and shall meet all applicable zoning requirements of the city of Pleasanton. Modifications to typical design standards may include the following: Reduced setbacks; Reduction in infrastructure requirements; Reduced open space requirements; Reduced landscaping requirements; Reduced interior or exterior amenities; Reduction in parking requirements; Height restriction waivers. C. Second Mortgages. The city may utilize available lower income housing funds for the purpose of providing second mortgages to prospective unit owners or to subsidize the cost of a unit to establish an affordable rent or an affordable sales price. Terms of the second mortgage or subsidy shall be stated in the affordable housing agreement. The utilization of these incentives shall not be the sole source of providing http: /gcode.us/ codes /pleasanton/view.php? topic =17- 17_44 &showAll =1 &frames =on 4/5/2010