Chapter 17.44 — INCLUSIONARY ZONING

This chapter shall be called the "Inclusionary Zoning Ordinance of the city of Pleasanton." (Ord. 1818 § 1, 2000; Ord. 2287, 12/3/2024)

The purpose of this chapter is to enhance the public welfare, to assure that market-rate housing development mitigates its impacts on the demand for affordable housing, and to attain the city's affordable housing goals by increasing the production of residential units affordable to households of very low, low, and moderate income, and by providing funds for the development of very low, low, and moderate income ownership and/or rental housing and for housing-related programs that benefit very-low, low, and moderate income households. (Ord. 1818 § 1, 2000; Ord. 2287, 12/3/2024)

For the purposes of this chapter, certain words and phrases shall be interpreted as set forth in this section unless it is apparent from the context that a different meaning is intended.

"Affordable housing fee." A fee paid to the city by an applicant for a project in the city in accordance with Chapter 17.40, in lieu of providing the inclusionary units required by this chapter.

"Affordable housing proposal." A proposal submitted by the project owner as part of the city development application (e.g., design review, planned unit development, etc.) stating the method by which the requirements of this chapter are proposed to be met.

"Affordable rent." A monthly rent (including utilities as determined by a schedule prepared by the city) which does not exceed a maximum rent that will be affordable to the specified household at the specified income level, calculated in accordance with California Health and Safety Code section50053, as amended.

"Affordable sales price." A sales price that results in monthly housing costs, which may include taxes, insurance, homeowners association dues (if any), and utility costs as determined by the city, which does not exceed a maximum sales price that will be affordable to the specified household at the specified income level, calculated in accordance with California Health and Safety Code section 50052.5, as amended.

"Amenities, interior." Interior features which are not essential to the health and safety of the resident, but provide visual or aesthetic appeal, or are provided as conveniences rather than as necessities. Interior amenities may include, but are not limited to, fireplaces, garbage disposals, dishwashers, cabinet and storage space and bathrooms in excess of one. Amenities shall in no way include items required by city building codes or other ordinances that are necessary to ensure the safety of the building and its residents.

"Amenities, shared." Facilities and amenities within the project that are available for the shared

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City of Pleasanton, CA

PLEASANTON CODE

§ 17.44.030

§ 17.44.030

and/or general use of residents of the project, including, but not limited to, shared recreation and other facilities (e.g. gym or pool, clubhouse, meeting room, co-working space, laundry, barbeque area, etc.).

"Applicant." Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which seeks city permits and approvals for a project.

"Area median income (AMI)." Median income for Alameda County, adjusted for household size, as published pursuant to California Code of Regulations, Title 25, Section 6932 and California Health and Safety Code section 50093 as may be amended.

"City." The city of Pleasanton or its designee or any entity with which the city contracts to administer this chapter.

"Commercial, office, and industrial project." For the purposes of this chapter, any new nonresidential (commercial, office, or industrial) development or redevelopment greater than 10 gross acres or 250,000 square feet of gross building area, whichever is less.

"Dwelling unit." A dwelling designed for occupancy by one household.

"Household, low income." A household whose annual income is more than 50 percent but does not exceed 80 percent of the AMI, as defined by this chapter.

"Household, moderate income." A household whose annual income is more than 80 percent but does not exceed 120 percent of the AMI, as defined by this chapter.

"Household, very low income." A household whose annual income does not exceed 50 percent of the AMI as defined by this chapter.

"Household." One person living alone; or two or more persons sharing residency whose income is considered for housing payments.

"HUD." The United States department of housing and urban development or its successor.

"Inclusionary unit." A dwelling unit as required by this chapter which is rented or sold at affordable rents and/or affordable sales prices (as defined by this chapter) to very low, low, or moderate income households.

"Income." The gross annual household income as defined by HUD.

"Life of the inclusionary unit." The term during which the affordability provisions for inclusionary units shall remain applicable. The affordability provisions for inclusionary units shall apply in perpetuity from the date of occupancy, which shall be the date the city of Pleasanton approves final inspection for the building permit.

"Market-rate units." means new living units in residential projects which are not rented or sold at affordable rents or affordable sales prices, as defined in this chapter.

"Off-site inclusionary units." Inclusionary units constructed within the city of Pleasanton on a site other than the site where the applicant intends to construct market rate units.

"Ownership units." Inclusionary units developed as part of a residential development which the applicant intends will be sold, or which are customarily offered for individual sale.

"Project owner." Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which holds fee title to the land on which the project is located.

"Project." A residential housing development at one or more location(s) or site(s) including all dwelling units for which permits have been applied for or approved.

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City of Pleasanton, CA § 17.44.030

PLANNING AND RELATED MATTERS

"Recapture mechanisms." Legal programs and restrictions by which subsidies provided to inclusionary units will be controlled and repaid to the city and/or other entity upon resale, to ensure the ongoing preservation of affordability of inclusionary units or to ensure funds for inclusionary units remain within the city's affordable housing program.

"Rental units." Inclusionary units which the applicant intends will be rented or leased, or which are customarily offered for lease or rent.

"Resale restrictions." Legal restrictions which restrict the price of inclusionary units to ensure that they remain affordable to very low, low, and moderate income households on resale.

"Residential project, for sale." A residential project, or portion thereof, that includes the creation of one or more residential living units that may be sold individually, including a condominium, stock cooperative, community apartment, or attached or detached single-family home. A for-sale project also includes a residential condominium conversion project and the creation of residential living units that may be sold individually, but are initially rented rather than sold.

"Residential project, rental." A residential project or portion thereof, that creates one or more units that cannot be sold individually, except that construction of any accessory dwelling unit shall not be considered a rental project.

"Unit type." Various dwelling units within a project which are distinguished by number of bedrooms and/or the type of construction (e.g., detached single-family, duets, townhomes, condominiums, apartments).

(Ord. 1818 § 1, 2000; Ord. 2287, 12/3/2024)

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City of Pleasanton, CA

PLANNING AND RELATED MATTERS

§ 17.44.040

§ 17.44.040