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ORD 2134
City of Pleasanton
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ORD 2134
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6/30/2023 4:22:25 PM
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1/14/2016 4:04:07 PM
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CITY CLERK
CITY CLERK - TYPE
ORDINANCES
DOCUMENT DATE
1/5/2016
DESTRUCT DATE
PERMANENT
DOCUMENT NO
2134
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Ordinance
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Ordinance
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with CEQA, on the specific subject matter of the Subsequent Approval, and the City shall <br /> conduct such CEQA review as expeditiously as possible. <br /> ARTICLE 3 Developer Obligations <br /> Section 3.1 Obligations of Developer Generally. The parties acknowledge and <br /> agree that City's agreement to perform and abide by the covenants and obligations of City set <br /> forth in this Agreement is a material consideration for Developer's agreement to perform and <br /> abide by its long term covenants and obligations, as set forth herein. <br /> Section 3.2 City Development Fees and Exactions. Notwithstanding any <br /> provision herein to the contrary, Developer shall pay to City,in accordance with and subject to <br /> this Article 3, only those types and amounts of development impact fees and exactions, and other <br /> building permit and development-related fees, which are in effect as of the Effective Date. <br /> Included within attached DA Exhibit C is a complete list of the types and amounts of City <br /> development impact fees and exactions applicable to the Project(including those set forth below <br /> in this Article 3) (collectively, "City Impact Fees"), as well as a complete list of all other <br /> building permit and development-related fees applicable to the Project and collectible by City <br /> (for City's own account or on account of other agencies asset forth in Section 188) (all such <br /> other fees collectible by City for its own account are hereafter referred to collectively as <br /> "Other City Fees"). During the Tern,Developer shall pay only those periodic cost of living or <br /> similar indexed increases, decreases or adjustments in effect as of the Effective Date to City <br /> Impact Fees and Other City Fees. Developer may defer payment of City Impact Fees and Other <br /> City Fees until issuance of certificates of occupancy. An estimate off all City Impact Fees and <br /> Other City Fees is attached as DA Exhibit D. <br /> Section 3.3 Lower Income Housing Fee and Affordable Housing Contribution. <br /> Developer shall enter into an Affordable Housing Agreement (AHA) with the City that obligates <br /> Developer to pay the Lower Income Housing Fee in in amount of Eleven Thousand Two <br /> Hundred and Twenty Eight Dollars($11,228.00)for each housing unit included in the Project <br /> (which would result in a total$482,804.00 upon the issuance of the 43rd building permit for the <br /> Project). As consideration for the benefits of this Agreement, in addition to the Lower Income <br /> Housing Fee payment, Developer shall pay an affordable housing contribution in the amount of <br /> Twenty Three Thousand and One Hundred and One Dollars ($23,101.00) for each housing unit <br /> included in the Project(which would result in a total $993,344.00 upon the issuance of the 43rd <br /> building permit for the Project)(the "Affordable Housing Contribution"). The Lower Income <br /> Housing Fee shall be in-lieu of Developer providing affordable housing units on-site or off- <br /> site. The Affordable Housing Contribution shall provide additional support for affordable <br /> housing programs in the City in excess of that required by the Municipal Code Section <br /> 17.40.080.E. Consistent with Municipal Code Section 17.40.100, Lower Income Housing Fee <br /> and the Affordable Housing Contribution shall be paid at the time of issuance of a building <br /> permit for a residential unit. Notwithstanding Section 3.2 above, in no event shall the AHA <br /> permit adjustments to the Lower Income Housing Fee or Affordable Housing Contribution <br /> applicable to the Project through periodic cost of living or similar indexed increases. <br /> 6 <br />
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