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MINUTES Page 5 City of San Leandro City Council, San Leandro Redevelopment Agency, and San Leandro Public Financing Authority Joint Meeting-May 15, 2006 A. Matter of Ordinance Amending San Leandro Zoning Code Article 31-Residential Density Bonus, for Compliance with State Law Revisions (amends the City's Density Bonus Ordinance relating to affordable housing). This being the time and place for the Public Hearing on the above matter, Assistant City Manager Steve Hollister gave an overview of the item and introduced Plarming Manager Debhie Pollart. Ms. Pollart gave a short PowerPoint presentation explaining the recent State legislative changes and outlining the proposed amendments. The Hearing was then opened to the public. There being no comments from the public, and without objection, the Public Hearing was closed. Councilmember Starosciak inquired about the penalties and consequences for not having such regulations. City Attorney Jayne Williams indicated that this is a State mandate and is applicable to charter cities. Adoption of a local ordinance would provide the guidance and direction for the City to implement the density bonus based upon its own procedures and operations. Councilmember Starosciak questioned the difference between density bonus and inclusionary zoning. Ms. Pollart indicated that inclusionary zoning requires that 15% of the total units be affordable units if a certain threshold is met. The developer must ask for the density bonus and the City reviews such requests on a case-by-case basis. Density bonus units do not count toward a developer's inclusionary zoning requirement. Councilmember Starosciak asked about restrictions on affordability if ownership changes within the 45 years. Community Development Director Hanson Horn indicated that the affordability of the density bonus unit starts over at 45 years upon change of ownership, as it was the State's intention to prolong the affordability of the density bonus units. . Ordinance No. 2006-010, an Ordinance Amending Part VI, Article 31 of the Zoning Code Relating to Density Bonuses. (3038/3075) - Passed to Print M/S/C Santos and Grant. Ayes: 7; Noes: 0 B. Matter of Appeal by Richard Larson, Applicant, of the Decision of the Board of Zoning Adjustments' Denial of PLN2005-00124; Conditional Use Permit; to operate a used car dealership at 14833 East 14th Street, where Vehicle/Heavy Equipment Dealers, Used, is conditionally permitted in the SA-3 South Area District; Assessor's Parcel Number 77D-1475-14; The Barbara Mathews Brooks Separate Property Trust (Property Owner); SA-3 South Area District. Continued from April 17, 2006.