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by the Housing Commission. He added that this is the specific purview of the Housing Commission, who makes its recommendation to the City Council, who makes the final decision. Mr. Dolan stated that the term "undermining" is difficult, as the City and developers are in a new environment relative to inclusionary housing in that there is currently a court case that basically made most inclusionary housing laws, and the City is trying to use the standards that were previously applied but without the teeth of law behind them. He noted that as in all projects, the City has negotiated terms with the individual developers; and in this particular case, they have been difficult negotiations, and the Housing Commission has not been happy with all the proposals, but they accepted it, voted for it unanimously, and considered it to be one of the better negotiated solutions. He stated that while the City has not achieved 100 - percent compliance with previous inclusionary housing requirements, this is considered by the Housing Commission and staff to be a very reasonable solution in that regard, and staff would not recommend that the Planning Commission hold up the project to have the Housing Commission and staff renegotiate the agreement. Acting Chair Olson thanked Mr. Dolan for the clarification. Commissioner O'Connor inquired if the dollar amount that the developer was paying for each of the 97 single - family homes was in lieu of some percentage going to lower- income housing units. Mr. Dolan replied that everything was up for negotiation because, theoretically, the former IZO requirements are not available for the rental units, but the developer is offering low- income rental units to get the discount in terms of the fee on the single - family units. Commissioner O'Connor inquired if those dollars would then be targeted for a certain fund or if there was no recommendation yet as to where the $519,532 would go. Mr. Dolan replied that he does not think there is anything specified but that the funds typically go into the Lower- Income Housing Fund that is then available to assist other projects with their affordability requirements or anything that the City sponsors. Commissioner Ritter stated that he goes to the Safeway site a couple of times a week and that the developer did a great job with that development there; however, he was concerned about the project entry into the Safeway parking lot and noted that the flow of traffic through there over the past year has gotten worse. He indicated that he was looking at the traffic plan and it shows that during the peak hours, there are some 360 cars coming in and 400 exiting through the Koll Center Parkway and Bernal Avenue traffic light, and there is always a queue right there. He noted that he is aware it is a lot better with a lot lower traffic count than what the office complex would have been going into that shopping center. PLANNING COMMISSION MINUTES, August 14, 2013 Page 7 of 17