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Per State law, the City is required to grant the incentive or concession proposed by the developer unless it finds that it is not required in order to achieve the required affordable housing costs or rents, or would cause a public health or safety problem, cause an environmental problem, harm historical property, or would be contrary to state or federal law. The Planning Commission staff report provided as Attachment 3 includes more detailed information about incentives and concessions. In addition to the incentives and concessions described above, should a developer identify other development standards that financially preclude the construction of a housing development, with the density bonus and incentives or concessions allowed, the developer may request, and is eligible for, a waiver or modification of the standards upon submittal of a financial report substantiating the need. Other provisions In addition to the density bonus and incentive /concession requirements summarized above, pursuant to the law, the density bonus ordinance also allows the following benefits: Parking ratios: The law allows for reduced parking ratios. • Land donation: A housing developer who donates land to the City for development of very low income housing is eligible for additional density bonus, not to exceed the maximum of 35 percent. • Child care facilities: A developer of affordable housing who includes child care facilities is also entitled to a bonus of additional square feet or an additional incentive • Condo conversion: A condo conversion project that includes the provision of low or moderate income units is eligible for a density bonus or incentive. Lastly, the ordinance provides specific standards for affordability and development standards for the target units. It includes requirements for application submittal and review, including findings, and mandates a density bonus housing agreement with specific provisions. PUBLIC COMMENT No public comments have been received on this proposed code amendment. ENVIRONMENTAL ASSESSMENT The adoption of the 2012 Housing Element was part of the project which was described in the Supplemental Environmental Impact Report certified by the City Council on January 4, 2012. The proposed amendment to the Pleasanton Municipal Code shown in Exhibit A of Attachment 1 constitutes implementation of Program 9.6 of the Housing Element and is therefore consistent with the Housing Element project as described and Page 4 of 5