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Density Bonus Law (AB 2280 <br />Assembly members Saldana and Caballero have introduced legislation to make <br />important changes in the density bonus law. Currently the density bonus law is complex <br />and ambiguous in its application. For example, in those communities that have an <br />inclusionary zoning ordinance, some developers have argued that they are entitled to a <br />density bonus simply because they provided affordable units under the inclusionary <br />zoning ordinance. SB 2280 will clarify the law by having it apply only in cities that do <br />not have an inclusionary zoning ordinance or where the developer agrees to provide <br />affordable units over and above the inclusionary zoning number. The bill applies only to <br />for profit developers and not to non profit affordable housing developers. Although this <br />issue has not been a concern in Pleasanton, the way the law is currently written could <br />be an issue in the future. This legislation is a positive step in clarifying the law and for <br />that reason staff is recommending the Council authorize the Mayor to send <br />correspondence in support of this bill. <br />Submitted by: <br />Michael Roush <br />City Attorney <br />Attachment <br />1. Fact sheet regarding SB 1625 <br />Approved <br />Nelson Fialho <br />City Manager <br />Page 3 of 3 <br />