CITY COUNCIL REGULAR MEETING AGENDA PACKET

Ordinance No. Page 18 of 32 P24-0505, Pleasanton Municipal Code Amendments City Council, November 17, 2024 Exhibit A, PMC Amendments, Page 18 1. The off-site inclusionary units must not result in a significant concentration of inclusionary units in any one particular neighborhood or tend to cause residential segregation. 2.The off-site location is suitable for the proposed affordable housing, and the off-site inclusionary units shall conform to the requirements of all applicable city ordinances and standards, and the provisions of this chapter. 2. The occupancy and rents of the off-site inclusionary units shall be governed by the terms of a deed restriction, and if applicable, a declaration of covenants, conditions and restrictions similar to that used for the on-site inclusionary units. 3. The affordable housing agreement shall stipulate the terms by whichof the off-site inclusionary units will be built. Construction of the off-site affordable units shall occur concurrently with construction of the market-rate units in the residential project, unless otherwise approved by the city council. If the construction does not take place at the same time as construction of the market-rate unitsproject development, the agreement shall require the units to be produced constructed within a specified time frame, but in no event longer than fivetwo years after the first building permit is issued for the market-rate project. A cash deposit, or bond or other financial security may be required by the city, refundable upon construction, as assurance that the units will be built. 5.Off-site construction of affordable units does not qualify the residential project for a density bonus or other regulatory incentives allowed by Government Code Section 65915 unless the off-site development includes the dedication of land conforming to the provisions of Section 65915(g). No off-site alternative may be approved by the city if a density bonus or other regulatory incentive is requested for the site on which the affordable housing is to be built. Any off-site alternative must comply with the density, intensity and other development standards that are permitted under the zone for the site. E.Land Dedication. Upon approval by the city council An, an applicant may dedicate land to the city or a qualifiedlocal nonprofit housing developer in place of actual construction of inclusionary units upon approval of the city council. The intent of allowing a land dedication option is to provide the city or a local nonprofit housing developer the free land needed to make an inclusionary unit development feasible, thus furthering the intent of this chapter. The following criteria shall be met for any dedication of land: 1.The dedicated land must be appropriately zoned, buildable, free of toxic substances, and contaminated soils, or geologic or other physical constraints that make it unsuitable for residential development. 2.The developable area of the site isand large enough to accommodate the number of inclusionary units required for the project. The city's acceptance of land dedication shall require that the lots be fully improved, with infrastructure, adjacent utilities, grading, and fees paid. 3. The land is appraised by the city at a value equal to or greater than the in-lieu-fee in place at time of the market-rate project application, multiplied by the number of required inclusionary units that would be satisfied by construction of units on the land to be Page 67 of 658