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