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070253\14264881v7 6 the Housing Element Update.12 The Housing Element Law sets a high bar for meeting this requirement, requiring the city or county to presume existing uses on nonvacant sites would impede additional residential development unless it makes findings based on substantial evidence that the existing use is likely to be discontinued during the planning period.13 The suite of sites recommended by City planning staff and the Planning Commission could make it difficult for the City to comply with these legal requirements. Nonvacant sites account for over 95 percent of the very low- and low-income unit potential within the recommended suite of sites, making it all-but-certain the City will be required to adopt findings overcoming the legally required presumption that existing uses on those sites constitute an impediment to residential development.14 For roughly 45 percent of those nonvacant sites targeted for lower income units, the property owner has expressed no interest in residential development.15 In the absence of an interested property owner, it could be very difficult for the City to overcome the legally required presumption that existing uses on those nonvacant sites would impede residential development. Further compounding matters, the City will also need to meet a substantial portion of its moderate- and above-moderate income RHNA on high-density sites, meaning that many of the sites recommended for very low- and low-income units cannot be presumed fully available for lower income housing development. This could further shrink the already small pool of nonvacant sites capable of satisfying the City’s lower income RHNA. As reflected in the City’s Preliminary Sites Inventory, our development proposal for the Steelwave Site includes construction of 240 units of affordable housing. Our land is vacant, and we have sought to develop it for residential uses for several years. By providing 240 units of lower income housing on a vacant site with demonstrated owner interest in residential development, the Steelwave Site would reduce the City’s reliance on nonvacant sites to meet its lower income RHNA. Given the high bar set by the Housing Element Law, and the overwhelming prevalence of nonvacant sites among those under consideration, the City should take action to reduce the risk of failing to meet its lower income RHNA by including the Steelwave Site in the Inventory. In closing, we hope you will see the housing development opportunities the Steelwave Site holds for the City. We ask that you give us the chance to help you realize those 12 Government Code § 65583.2(g)(2). 13 Id. 14 Id. 15 City of Pleasanton Housing Element Update 6th Cycle (2023-2031): Preliminary Sites Inventory (December 8, 2021) (see scoring summary table).