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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 waiver or modification only if it makes a written finding, based upon substantial evidence, of any of the following: a. The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete. b. The waiver or modification would have an adverse impact on any real property that is listed in the California Register of Historical Resources. c. The waiver or modification would be contrary to state or federal law. 6. If a density bonus and an incentive or concession is based on the provision of child care facilities, the approval body may deny the bonus or concession if it finds, based on substantial evidence, that the city already has adequate child care facilities. 17.38.130 Density Bonus Housing Agreement A. For all housing projects receiving a density bonus under this chapter a density bonus housing agreement shall be entered into by the city and the project owner. The density bonus housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this chapter and shall be recorded as a deed restriction on any parcel on which the target units will be constructed. B. The approval and /or recordation of this agreement shall take place prior to final map approval or, where a map is not being processed, prior to the issuance of a building permit for any structure in the housing development. The agreement shall run with the land and be binding on all future owners and successors. C. The density bonus housing agreement shall include but not be limited to the following: 1. The total number of units approved for the housing development, the number, location, and level of affordability of target units, and the number of density bonus units. Page 16 of 18