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Chapter 17.40 LOWER-INCOME HOUSING FEES Page 2 of 4 B. The city council may adjust the fee in consideration of on-site programs promoting lower-income housing such as the dedication of land suitable for lower-income housing. (Ord. 1488 § 1 (part), 1990) 17.40 040 Exemptions._ A. The following are exempt from the lower-income housing fee: 1. All units within a residential development project when the project has a minimum of 15 percent lower-income housing units; 2. Those lower-income housing units in a residential development project with less than 15 percent lower-income housing units; 3. Moderate-income housing units in residential development projects; 4. Second units as that term is used in Section 56852.2 of the Government Code; 5. Reconstruction or other new development on a site when such reconstruction replaces an equal number of square feet of floor area,as defined in the Uniform Building Code,when the use is similar, and when such reconstruction occurs within two years from the time the previous structure on the site was demolished; 6. Churches. B. The project developer shall enter into a regulatory agreement with the city in order for a project to qualify for an exemption by the inclusion of lower-income or moderate-income housing units. (Ord. 1488 § 1 (part), 1990) 17.40.050 Reduction of fee—Commercial,office or industrial project. A. The city council may reduce the required fee for a commercial,office or industrial development project when the project developer can demonstrate(1) that the proposed use will generate substantially fewer workers than the uses which have established the fee; and(2)that the building design is unable to house another use without substantial renovation. Examples of such uses are public utility facilities, exclusive storage buildings,etc. B. In the event such buildings are renovated to house another use,the fee then applicable shall be due at that time. (Ord. 1488 § 1 (part), 1990) 17.40.060 Commercial,office or industrial projects—Construction of lower-income housing. Commercial,office or industrial development projects may construct lower-income housing to fulfill the requirements of this chapter in accordance with this section. A. Lower-income housing proposed to offset the requirements of this chapter must be proposed in conjunction with the commercial,office or industrial development project which would give rise to the fee and must be approved by the city council in offsetting otherwise required lower-income housing fees. B. For lower-income housing constructed on lands designated for other than residential development in the general plan as of the effective date of the ordinance codified in this chapter,the project developer shall be given a credit, for purposes of offsetting the lower-income housing fee otherwise required,in an amount established by separate city council resolution and which credit amount shall be set forth in the city's fees and charges appendix. C. For lower-income housing constructed on lands designated for residential development in the general plan as of the effective date of the ordinance codified in this chapter, for each lower-income housing unit http://gcode.us/codes/pleasanton/view.php?topic=17-17_40&showAll=1&frames=on 10/9/2013