Article III — Miscellaneous

An applicant of a project subject to this chapter shall submit an affordable housing proposal stating the method by which it will meet the requirements of this chapter. The affordable housing proposal shall be submitted as part of the applicant's city development application (e.g., design review, planned unit development, etc.) to the planning division in a form approved by the city manager.

• A. Review and approval of the affordable housing proposal shall occur as follows: A proposal that is fully compliant with the requirements of this chapter, and does not include any request for alternative compliance, shall be subject to review and approval by the body responsible for review and approval of the related residential development application. Where the zoning administrator or planning commission is the approving body, such action shall be subject to appeal in accordance with the provisions of Chapter 18.144.

• B. Any affordable housing proposal that includes an alternative compliance method, or that deviates from the standards set forth in this chapter, shall be subject to city council review and approval. In such cases the affordable housing proposal shall be reviewed by the city's planning commission at a properly noticed meeting open to the public. The planning commission shall make recommendations to the city council either accepting, rejecting or modifying the developer's proposal and/or the utilization of any incentives as outlined in this chapter. The planning commission may also make recommendations to the city council regarding the proposal as necessary to assure conformance with this chapter.

• C. The approving body, as applicable, may direct the city manager to execute an affordable housing agreement in a form approved by the city attorney. The city manager, or his or her designee, shall be responsible for monitoring the sale, occupancy and resale of inclusionary units.

• D. Amendment. Minor modifications to an approved affordable housing agreement may be granted by the director of community development, if the modifications substantially comply with the original affordable housing agreement. All other modifications to the affordable housing agreement shall be processed in the same manner as the original affordable housing proposal.

• (Ord. 1818 § 1, 2000; Ord. 2000 § 1, 2009; Ord. 2287, 12/3/2024)

The following individuals are ineligible to purchase or rent an inclusionary unit: (a) city employees and officials (and their immediate family members) who have policymaking authority or influence regarding city housing programs; (b) the project applicant and its officers and employees (and their immediate family members); and (c) the project owner and its officers and employees (and their immediate family members).

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

The city manager is designated as the enforcing authority. The city manager may suspend or

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City of Pleasanton, CA § 17.44.110

PLEASANTON CODE

§ 17.44.120

revoke any building permit or approval upon finding a violation of any provision of this chapter. The provisions of this chapter shall apply to all agents, successors and assigns of an applicant. No building permit or final inspection shall be issued, nor any development approval be granted which does not meet the requirements of this chapter. In the event that it is determined that rents in excess of those allowed by operation of this chapter have been charged to a tenant residing in an inclusionary unit, the city may take appropriate legal action to recover, and the project owner shall be obligated to pay to the tenant, or to the city in the event the tenant cannot be located, any excess rents charged.

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

Any person aggrieved by any action or determination of the city manager under this chapter, may appeal such action or determination to the city council in the manner provided in Chapter 18.144 of this code.

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

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City of Pleasanton, CA § 17.48.010

PLANNING AND RELATED MATTERS