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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 />