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The Civic Square Apartment development is designated by the Land Use Element of the Pleasanton General for High Density Residential 8 du /ac) land uses, and is zoned PUD HDR (Planned Unit Development High Density Residential) District. The properties surrounding the Civic Square Apartments include the Pleasanton City Hall campus to the east across Bernal Avenue, the vacant Niles Canyon Transportation Corridor (former Southern Pacific Railroad right -of -way) to the south, the Ridge View Commons senior apartments to the west, and the Pleasanton Middle School campus to the north across Case Avenue. Public street access to the Civic Square Apartment development is provided by three driveways from Bernal Avenue and three driveways from Case Avenue. The Case Avenue driveways provide complete left- /right -turn ingress /egress. The Bernal Avenue driveways, because of the existing median island in Bernal Avenue, only provide right turn ingress/ egress. Internal access to the units and carports and parking areas for vehicles and pedestrians is provided by a system of private streets and sidewalks. PROJECT DESCRIPTION The proposed project will include three new, four -unit buildings replacing an existing tennis court in the amenity /recreation area and a landscape /parking area facing Bernal Avenue; a new administration /office; and a new fitness center building and weight room. The free standing solar pool heating panels for the pool /spa will be replaced with new panels placed on two of the proposed apartment buildings. The existing sports court, swimming pool and spa will remain, and the tot lot/play area will be relocated. For additional project information please refer to the March 25, 2009 Planning Commission staff report provided as Attachment 6 and selected project photographs provided as Attachment 9. DISCUSSION Housing Commission Chapter 17.44, Inclusionary Zoning, of the Pleasanton Municipal Code states that: ".....15 percent of the total number of units of all new multiple- family residential projects containing 15 or more units... shall be affordable to very-low- and low income households. (This) requirement shall apply to both ownership and rental projects." Although the proposal for 12 new units is not subject to the City's Inclusionary Zoning Ordinance, to assist the City in meeting its housing goals, Braddock and Logan proposes to designate ten units within the complex for moderate income households (120 percent of AMI) and two units for low- income households (80 percent of AMI). The draft Affordable Housing Agreement is provided as Exhibit C in Attachment 3. Because affordable units are not required for this proposal, staff made a number of changes to the standard terms in the proposed agreement. The most significant change is that the recommended term of the agreement is 30 years rather than perpetuity. The recommended agreement conforms to the general requirements of the City's Inclusionary Zoning Ordinance. Page 3 of 6