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EXHIBIT A Proposed Code Amendment Adding a New Chapter 17.38 (Density Bonus) to Title 17 of the Pleasanton Municipal Code a. For all incentives or concessions that require a financial report (pro forma) pursuant to subsection C of Section 17.38.050, the pro forma shall state financial evidence demonstrating that such incentive or concession would result in necessary, identifiable, financially sufficient, and actual cost reductions that could not be achieved without the incentive or concession. b. For waivers and modification of development standards that require submittal of a financial report (pro forma) as provided in Section 17.38.060, the pro forma shall demonstrate that the waiver or modification is necessary to make the housing units economically feasible and that the development standards will have the effect of precluding the construction of a housing development at the densities or with the concessions or incentives permitted by this chapter. c. The cost of reviewing any required pro forma data submitted as a part of the application in support of a request for a incentive or concession, or waiver or modification of development standards, including but not limited to the cost to the city of hiring a consultant to review said pro forma, shall be borne by the applicant. 4. If an additional density bonus is requested for land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the criteria included in Section 17.38.080(B) can be met. 5. If a density bonus or concession is requested for a child care facility, the application shall show the location and square footage of the child care facilities and provide evidence that each of the criteria referenced in Section 17.38.090(B) can be made. B. Review and Findings. 1. An application for a density bonus, incentive or concession, or waiver or modification, pursuant to this chapter shall be considered by and acted upon by the approval body with authority to approve the housing development. Any decision regarding a density bonus, incentive, concession, or waiver or modification, may be appealed to the planning commission and from the planning commission to the city council. 2. In accordance with state law, neither the granting of a concession, incentive, waiver, or modification, nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval. Page 14 of 18