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P22-1089, PUD-147 and Tract 8522, Merritt Planning Commission 3 of 33 Density Residential) and HOZ (Housing Opportunity Zone) Districts, which requires conformance with the City’s certified 2023 Housing Element, but not the City’s adopted Objective Design Standards (ODS) since the application was submitted prior to their adoption. The environmental review documentation, consideration for annexation, the PUD development plan, Vesting Tentative Map, Development Agreement to vest entitlements, and the Affordable Housing Agreement are now before the Planning Commission for consideration of a recommendation to the City Council. BACKGROUND General Plan and Zoning The subject site has a General Plan Land Use designation of LDR and HESO and is pre-zoned PUD-LDR and HOZ Districts. Residential uses are defined and identified as appropriate uses under each of these land use designations and classifications. Housing Element and State Density Bonus Law (SDBL) The City’s adopted 2023 Housing Element (Appendix B) identifies the proposed project site as Area 22, which allows up to two residential dwelling units per acre, plus 20 percent density bonus under the provisions of State Density Bonus Law for Senior Housing, for a total maximum number of 112 residential units (93 base units and 19 Below Market Rate (BMR) units). Development Agreement (DA) State law authorizes cities to enter into binding development agreements with any person having a legal or equitable interest in real property for the development of the property. A development agreement is a commitment between the City and a property owne r or developer to proceed with a specific development in accordance with the terms of an agreement that describes what land use and related processes shall apply to the application. The developer gains certainty, through the development agreement and prior to a commitment of a substantial investment for project improvements. In exchange, the City gets certain benefits and concessions or amenities it may not be able to require through conditions of approval. Annexation and the Local Agency Formation Commission (LAFCO) The Cortese-Knox Act, adopted by the State legislature in 2000, provides the framework for proposed city and special district annexations, incorporations/formations, consolidations, and other changes of organization. This law establishes a LAFCO in each county, empowering it to review, approve, or deny proposals for boundary changes and incorporations/formations for cities, counties, and special districts. LAFCOs are composed of elected officials from the relevant county and local cities, and a member of the general public. The State delegates each LAFCO the power to review and approve with or without amendment, wholly, partially, or conditionally, or disapprove proposed annexations, reorganizations, and incorporations, consistent with written policies, procedures, and guidelines adopted by the commission. In granting these powers, the State has occupied the field of annexation law to the exclusion of local governments. The Alameda County LAFCO board includes representatives from the County Board of Supervisors, and currently, from the Cities of Pleasanton, Dublin, and Livermore, as well as members at large.