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1331 N. California Blvd. <br />Suite 600 <br />Walnut Creek, CA 94596 <br />T 925 935 9400 <br />F 925 933 4126 <br />www.msrlegal.com <br />Bryan W. Wenter <br />Direct Dial: 925 941 3268 <br />bryan.wenter@msrlegal.com <br />Offices: Walnut Creek / San Francisco / Newport Beach <br />December 14, 2022 <br />VIA E-MAIL <br />Planning Commission <br />City of Pleasanton <br />c/o Megan Campbell, Associate Planner <br />mcampbell@cityofpleasantonca.gov <br />200 Old Bernal Avenue <br />Pleasanton, CA 94566 <br />Re: Proposed Modifications to Draft 2023-2031 (6th Cycle) Housing <br />Element Update and Proposed Rezoning Sites and Draft Objective <br />Design Standards (ODS) Agenda Items 3 and 4____________________ <br />Dear Honorable Planning Commissioners: <br />This firm represents Seefried Properties (“Seefried”), the developer acting on behalf <br />of the owner of the 53-acre “Kiewit Site” at 3300 Busch Road in the City. Seefried is <br />working with a sophisticated development team to design a housing project that <br />would deliver several hundred single-family, multi-family, and ADU units, affordable <br />to a range of household income levels, that would assist the City in making <br />significant progress in meeting its state RHNA obligations1 (“Kiewit Project”). As a <br />major stakeholder in the City’s 6th Cycle Housing Element Update (“Draft HEU”), <br />Seefried is closely monitoring the City’s efforts to timely adopt a substantially <br />compliant HEU. <br />We appreciate staff’s hard work responding to the Department of Housing and <br />Community Development’s (“HCD”) November 14, 2022, letter on the August 16, <br />2022 Draft HEU. However, after review of proposed modifications to the Draft HEU, <br />the proposed Objective Design Standards (“ODS”), and proposed changes to the <br />Inclusionary Zoning Ordinance (“IZO”), we are concerned that substantial <br />components of these documents are inconsistent with the mandatory requirements <br />of state housing law. In the spirit of working collaboratively with the City to adopt a <br />substantially compliant HEU, we discuss some of our concerns briefly below. <br />1 The Kiewit Project would also include an assortment of potential amenities, improvements, <br />and infrastructure for the benefit of the contemplated development and broader Pleasanton <br />community. <br />EXHIBIT D