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(Ord. 1488 § 1, 1990; Ord. 2192 § 2, 2019; Ord. 2287, 12/3/2024) § 17.40.050. Reduction of fee—Commercial, office or industrial project. (Ord. 2287, 12/3/2024) § 17.40.060. Commercial, office or industrial projects—Construction of lower-income housing. Commercial, office or industrial development projects may construct lower-income housing to fulfill the requirements of this chapter in accordance with this section, and with the applicable provisions of Section 17.44.040. A. The following are exempt from the affordable housing fee: 1. All units within a residential development project when the project has a minimum of 15 percent deed-restricted lower-income housing units; 2. Those lower-income housing units in a residential development project with less than 15 percent deed-restricted lower-income housing units; 3. Deed-restricted moderate-income housing units in residential development projects; 4. Second units and accessory dwelling units and junior accessory dwelling units as those terms are used in Section 66313 of the Government Code and Chapter 18.106; 5. Reconstruction or other new development on a site when such reconstruction replaces an equal number of square feet of floor area, as defined in the Uniform Building Code, when the use is similar, and when such reconstruction occurs within two years from the time the previous structure on the site was demolished; 6. Facilities used exclusively for religious purposes as defined in California Revenue and Taxation Code Section 207. B. The project developer shall enter into a regulatory agreement with the city in order for a project to qualify for an exemption by the inclusion of lower-income or moderate-income housing units. A. The city council may reduce the required fee for a commercial, office or industrial development project when the project developer can demonstrate: (1) that the proposed use will generate substantially fewer workers than the uses which have established the fee; and (2) that the building design is unable to house another use without substantial renovation. Examples of such uses are public utility facilities, exclusive storage buildings, etc. B. In the event such buildings are renovated to house another use, the fee then applicable shall be due at that time. A. Lower-income housing proposed to offset the requirements of this chapter must be proposed in conjunction with the commercial, office or industrial development project which would give rise to the fee and must be approved by the city council in offsetting otherwise required affordable housing fees. B. For lower-income housing constructed on lands designated for other than residential City of Pleasanton, CA § 17.40.040 § 17.40.060 Downloaded from https://ecode360.com/PL4988 on 2025-02-28 Page 56 of 67