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<br />In addition, the City Council has expressed an interest in including "affordable by design" units <br />which are smaller units, less than 1,500 square feet, that are made available at the lower end of <br />the housing price scale without imposing resale/deed restrictions. In response, the Agreement <br />does include five of these units. Further, in response to concerns raised by the Housing <br />Commission, the Agreement does contain provisions that address "no flip" and preference <br />criteria in an attempt to make these units available to households rather than investors. The "no <br />flip" provisions require the units to be owner occupied for a period of one year, However, the <br />Agreement also includes "Hardship Execptions" that allow the owners of these units to sell the <br />units within the one year timeframe to address matters related to divorce, job change, and <br />change of household due to death of an owner or dependent. Limited preference criteria is also <br />included requiring the "affordable by design" units to be sold first to households where at least <br />one household member has resided in the City of Pleasanton for at least two years prior to <br />execution of a purchase agreement; and second to households where at least one household <br />member has worked in the City of Pleasanton for at least two years prior to the execution of a <br />purchase agreement. <br /> <br />Because these units do not contain resale/deed restrIctIons, the opportunities for imposing <br />restrictions for the "affordable by design" units are limited; however, the terms of the <br />Agreement adequately address concerns raised initially by the Housing Commission, As a <br />result of these restrictions, the Agreement requires the developer to use "commercially <br />reasonable efforts" to carry out these requirements, As a result, in the event the developer is <br />unable to identify households meeting the preference or owner occupation requirements, the <br />units can be sold without these restrictions. These conditions will not be applied to future <br />purchasers of the "affordable by design" units. <br /> <br />In addition to the terms of the Affordable Housing Agreement and in response to concerns <br />expressed by the Housing Commission, staff did have discussions with the developer regarding <br />project density. Essentially, the developer must balance the interests of the neighborhood, the <br />Planning staff, Planning Commission and the City Council when determining acceptable density. <br />While there have been discussions in the past regarding the potential for higher density on this <br />site, up to 125 units, those plans were not evaluated by the neighborhood or the City Council. As <br />a result, the Council approved the development with the 45 units presented to the Housing <br />Commission. <br /> <br />Finally, while not part of the Agreement, SilverStone has agreed to provide literature regarding <br />the City's down payment assistance program to all to prospective buyers of all of the project <br />units with the intent that this may provide needed assistance to families seeking to purchase <br />units. <br /> <br />SR 06:078 <br />