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<br /> <br /> <br /> <br />P24-0334, Pleasanton Municipal Code Amendments Planning Commission, September 11, 2024 <br />Exhibit A, PMC Amendments, Page 22 <br /> <br /> <br /> <br />waiver or modification, may be appealed to the planning commission and from the planning commission <br />to the city council. <br /> 2. In accordance with state law, neither the granting of a concession, incentive, waiver, or <br />modification, nor the granting of a density bonus shall be interpreted, in and of itself, to require a general <br />plan amendment, zoning change, variance, or other discretionary approval. <br /> 3. Before approving an application for a density bonus, incentive or concession, or waiver or <br />modification of a development standard, the approval body shall make the following findings: <br /> a. If an incentive or concession is requested, that the incentive or concession results in <br />necessary, identifiable, financially sufficient, and actual cost reductions that could not be achieved <br />without the incentive or concession. <br /> b. If a waiver or modification of a development standard is requested, that the waiver <br />or modification is necessary to make the housing units economically feasible at the densities permitted <br />and with any eligible concessions or incentives. <br /> c. If the density bonus is based all or in part on donation of land, the project meets the <br />criteria in Section 17.38.080(B). <br /> d. If the density bonus, incentive, or concession is based all or in part on the inclusion <br />of a child care facility, the project meets the findings included in Section 17.38.090(B). <br /> 4. If a request for an incentive or concession is otherwise consistent with this chapter, the <br />approval body may deny an incentive or concession if it makes a written finding, based upon substantial <br />evidence, of any of the following: <br /> a. The concession or incentive is not required to provide for affordable rents or <br />affordable ownership costs. <br /> b. The concession or incentive would have a specific adverse impact upon public <br />health or safety or the physical environment or on any real property that is listed in the California Register <br />of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific <br />adverse impact without rendering the development unaffordable to low and moderate income households. <br />For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and <br />unavoidable impact, based on objective, identified, written public health or safety standards, policies, or <br />conditions as they existed on the date that the application was deemed complete. <br /> c. The concession or incentive would be contrary to state or federal law. <br /> 5. If a request for a waiver or modification of a development standard is otherwise consistent <br />with this chapter, the approval body may deny the waiver or modification only if it makes a written <br />finding, based upon substantial evidence, of any of the following: