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much uncertainty and confusion as to how to implement the law. In addition, it has undemut efforts by local government to be proactive in offering incentives, waivers and reduced development requirements for affordable housing, and has penalized communities which had increased residential densities in order to facilitate development of affordable housing. SB 435 (Hollingsworth), again sponsored by CAR and CRLAF, compounds the flaws of the earlier measure by: 1) Requiring local governments to provide a fourth concession when the developer uses less than 50 percent of the density bonus; 2) Removing the existing requirement for a developer to demonstrate that a requested waiver or reduction in development standards is necessary to make the units economically feasible; 3) Deleting some key language in the law which city attorneys were using as a defense against the law's applicability to local inclusionary zoning programs. SB 435 is scheduled for a vote on June 15th, 2005, in the Assembly Housing Committee. DISCUSSION SB 435 further reduces the ability of local governments to plan for the infrastructure needs and evaluate and mitigate the impacts of residential development, while doing nothing to facilitate the development of affordable housing. Staff is recommending the City Council authorize the Mayor to write to Pleasanton's State Assembly members in opposition to SB 435. RECOMMENDATION Authorize the Mayor to write to Pleasanton's State Assembly members in opposition to SB 435 Respectfully Submitted, ~ on, Director Nelson Fialho Planning and Community Development City Manager Attachments: 1. Draft letter 2. SB 435, As amended in Senate April 13, 2005 X:XJaniceS~housing\density bonus\CCSR 060705.doc SR 05:155 Page 2 of 2