SR 06:076 - Laserfiche WebLink

the Inclusionary Zoning Ordinance which was scheduled to take place as part of the General Plan review process. This review occurred on June 23, 2004 as part of a joint meeting between the City Council and the Planning Commission, and as an outcome of that review, the Council adopted a resolution establishing guidelines (Attachment 3) for reviewing requests for IUC's, The City Council reviewed Ponderosa's request for IUC's on November 2,2004 and approved an Amendment #1 to the Affordable Housing Agreement granting 51 mc's and establishing affordability requirements for the development on the 23-acre site optioned to the Pleasanton Unified School District (PUSD), Upon receiving the Amendment #1, Ponderosa informed the City that it disagreed with staff's interpretation of City Council action and requested changes to the Amendment. Staff reviewed the matter and met with the developer on a number of occasions but was unable to resolve the differences. At the request of the City Manager, the City Attorney reviewed all available material, including a review of the City Council meeting videotape. Although the City Attorney found some inconsistencies between the discussion at the City Council meeting and the City Council staff report, he determined that Amendment # I was reflective of City Council action and the information in the City Staff report, Staff again met with the developer who requested the matter be forwarded to the City Council. As a result, this matter is before the Council for action. DISCUSSION As indicated in the attached November 2, 2004 staff report (Attachment 5) and City Council minutes (Attachment 4), there were numerous options presented and discussed regarding the granting of mc's for this project. However, after some lengthy discussion, the City Council took action approving the use ofIUC's and based on that action, staff modified the Amendment # I (Attachment I) that was included with the November 2 staff report to reflect City Council action. Ponderosa maintains that some of these amendments are not reflective of Council action and/or inconsistent with its request for mc's, The terms of this Amendment about which there is no disagreement are as follows: . IUC's can be used only by Ponderosa Homes, or a subsidiary owned by a majority of Ponderosa or exclusively by its Chairman, Kile Morgan, Jr" and cannot otherwise be transferred, . IUC's may be used on the 23-acre Busch site currently under option with the Pleasanton Unified School District (PDSD). With City Council approval, the mc's could be used on another site, . IUC's would be applied in accordance with the following ratios: >- If used on a multi-family development: I IDC for each affordable unit required, >- Ifused for a condo/townhome: 1,5 IDC's for each affordable unit required. SR:06:076 Page 3