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