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EXHIBIT A <br />Proposed Code Amendment <br />Adding a New Chapter 17.38 (Density Bonus) to Title 17 of the Pleasanton <br />Municipal Code <br />3. Before approving an application for a density bonus, incentive or <br />concession, or waiver or modification of a development standard, the <br />approval body shall make the following findings: <br />a. If an incentive or concession is requested, that the incentive or <br />concession results in necessary, identifiable, financially sufficient, <br />and actual cost reductions that could not be achieved without the <br />incentive or concession. <br />b. If a waiver or modification of a development standard is <br />requested, that the waiver or modification is necessary to make <br />the housing units economically feasible at the densities permitted <br />and with any eligible concessions or incentives. <br />c. If the density bonus is based all or in part on donation of land, the <br />project meets the criteria in Section 17.38.080(B) . <br />d. If the density bonus, incentive, or concession is based all or in <br />part on the inclusion of a child care facility, the project meets the <br />findings included in Section 17.38.090(B) . <br />4. If a request for an incentive or concession is otherwise consistent with <br />this chapter, the approval body may deny an incentive or concession if <br />it makes a written finding, based upon substantial evidence, of any of <br />the following: <br />a. The concession or incentive is not required to provide for <br />affordable rents or affordable ownership costs. <br />b. The concession or incentive would have a specific adverse impact <br />upon public health or safety or the physical environment or on any <br />real property that is listed in the California Register of Historical <br />Resources, and there is no feasible method to satisfactorily <br />mitigate or avoid the specific adverse impact without rendering <br />the development unaffordable to low and moderate income <br />households. For the purpose of this subsection, "specific adverse <br />impact" means a significant, quantifiable, direct, and unavoidable <br />impact, based on objective, identified, written public health or <br />safety standards, policies, or conditions as they existed on the <br />date that the application was deemed complete. <br />c. The concession or incentive would be contrary to state or federal <br />law. <br />5. If a request for a waiver or modification of a development standard is <br />otherwise consistent with this chapter, the approval body may deny the <br />Page 15 of 18 <br />