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The Core Development Standards establish the number, type and location of affordable units to be included on the three sites. In general, these terms are consistent with the City's Inclusionary Zoning Ordinance (IZO) and mandate that 15 or 130 units which ever is more, be made available at rents affordable to households at the very low income level and that these units be dispersed throughout the development. In addition to affordability standards, the Core Development Standards establish that project density will be at a minimum of 30 units per acre resulting in a total of approximately 870 units on the three sites. While consistent with the City's inclusionary zoning ordinance, execution of the Settlement Agreement will restrict the Council's ability to accept or require affordability and /or project density that is less than provided for in the Tentative Agreement. While the Core Development Standards are consistent with the IZO, and will be presented to the Task Force for its information, they must be approved as included in the Tentative Agreement. The City has no discretion in this regard. The Task Force will, however, continue to have a significant role and discretion in determining project design guidelines and other development standards (referred to in the Tentative Agreement as "non core development standards which include the amount of retail space, project design (including building height, massing and materials), and amenities such as open space, parking, etc. Following the Task Force's recommendation regarding the project's design guidelines and non -core development standards, the City Council will adopt PUD ordinances setting forth the overall elements for projects, including all appropriate environmental review, at these locations. Upon receipt of a development application for any of the three sites, the City Council will use its discretion to adopt conditions relative to the interpretation of the PUD ordinances' non core development standards, but will not have discretion to deny an application for a housing development that meets the PUD ordinance core development standards. Update to the Housing Element The Tentative Agreement stipulates that within one year of the settlement agreement date, the City will submit to HCD its updated Housing Element and complete any rezonings required to meet the current RHNA. An update of the City's Housing Update was already part of the Community Development Department's work plan. The Tentative Agreement does not impact the overall Housing Element process nor does it require specific language for goals and programs that will be included in the document. It does, however, require that the process, as determined by the City Council, will include: (1) a discussion with non profit affordable housing developers; (2) identification of affordable housing sites that would be most competitive for award of Lower Income Housing Tax Credits; (3) the adoption of goals and programs promoting affordable housing for families and special needs housing; and (4) the inclusion of one or more programs, as determined by the City Council, to attract non profit affordable housing development for families for the identified affordable housing sites. (These items are outlined in Attachment A to the Tentative Agreement.) Similar to the Hacienda rezonings, retaining local control of planning matters was critical to the Council's focus in the discussion related to the Housing Element, and the Tentative Agreement addresses the Council's interest. Moreover, staff believes this approach will be mandated by HCD in its review of the City's Housing Element update. Page 6 of 9