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<br /> <br /> <br /> <br />P24-0334, Pleasanton Municipal Code Amendments Planning Commission, September 11, 2024 <br />Exhibit A, PMC Amendments, Page 7 <br /> <br /> <br /> <br />impact without rendering the housing development unaffordable to low- and moderate- <br />income households. For the purpose of this subsection, “specific, adverse impact” means a <br />significant, quantifiable, direct and unavoidable impact, based on objective, identified, <br />written public health or safety standards, policies, or conditions as they existed on the date <br />that the application for the housing development was deemed complete as defined in <br />Government Code Section 65589.5. <br />D. The decision-making body shall grant the waiver of development standards requested by the <br />applicant unless it makes a written finding, based upon substantial evidence, of any of the <br />following: <br />1. The proposed waiver would be contrary to state or federal law; or <br />2. The proposed waiver would have an adverse impact on any real property listed in the <br />California Register of Historic Resources; or <br />3. The proposed waiver would have a specific, adverse impact upon the public health or <br />safety, and there is no feasible method to satisfactorily mitigate or avoid the specific <br />adverse impact without rendering the housing development unaffordable to low- and <br />moderate-income households. For the purpose of this subsection, “specific, adverse <br />impact” means a significant, quantifiable, direct and unavoidable impact, based on <br />objective, identified, written public health or safety standards, policies, or conditions as <br />they existed on the date that the application for the housing development was deemed <br />complete as defined in Government Code Section 65589.5. <br />E. If a child care center complies with the requirements of Government Code Section 65915(h), the <br />decision-making body may deny a density bonus or incentive that is based on the provision of <br />child care facilities only if it makes a written finding, based on substantial evidence, that the city <br />already has adequate child care facilities. <br />F. A request for minor modification of an approved density bonus may be granted by the Director of <br />Community Development, or their designee, if the modification substantially complies with the <br />original density bonus housing plan and conditions of approval. Other modifications to the density <br />bonus housing plan shall be processed in the same manner as the original plan. <br /> <br />17.38.050 Affordability requirements. <br />A. Affordable rental units provided by a housing development to meet state density bonus law <br />requirements shall be subject to an affordable housing agreement recorded against the housing <br />development for at least a 55-year term or as required by PMC 17.44, commencing upon the <br />issuance of certificates of occupancy. The form of the affordable housing agreement shall be <br />approved by the city attorney. <br />Docusign Envelope ID: 88F9D41F-89FB-4400-B0AF-42A9BB94F8D7