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File Number: 11 -343 not limited to, the following areas: Term of Agreement: allows for the approvals to be extended over a period of ten (10) years, with an option to extend for another five (5) -year term upon review and approval by the Planning Commission; • Fees and Exactions: freezes the categories of fees and exactions that the project is subject to, but the fee amounts will be adjusted periodically for inflation based on the amount in place at the time the fee is due; • Exemption to future moratoria: the project will be exempt from any future development moratorium unless the moratorium is mandated by other agencies; and • Future condominium - processing: the applicant agrees that it will not pursue a further subdivision of the apartment buildings into individual condominium units. Staff supports the terms of the Development Agreement and believes that the agreement provides certainty that the development will provide orderly planning of public improvements and services and that costs are allocated to achieve maximum utilization of public and private resources in the development process. Findings for approval are included in the Ordinance associated with this staff report. Housing and School Impacts Once the 66 new residential units are built, these units will be added to the City's accomplishments toward its Regional Housing Needs Assessment (RHNA) targets. The City of San Leandro would typically require that a developer set aside a number of units for below market rental rates under the City's Inclusionary Zoning Ordinance. However, recent case law, Palmer /Sixth Street Properties LP v. City of Los Angeles, found local inclusionary rental requirement to be in conflict with State rent control law and, therefore, residential rental projects are currently exempt from these affordability requirements. The project description and vesting map plans for this project were sent to the San Leandro Unified School District for an estimate of the number of students that might be generated from the project, in October 2011. District officials responded with an approximate projection of a maximum student generation of 26 students from this project, with the caveat that the projected number could be lower because of the mix of unit types and size of the apartment units. Committee Review and Actions • City Council Business and Housing Development Committee was provided a brief update on the project on October 13, 2011 under the Development Project Updates. Applicable General Plan Policies • Policy 2.05: Alterations, Additions and Infill Ensure that alterations, additions and infill development are compatible with existing homes and maintain aesthetically pleasing City of San Leandro Page 5 Printed on 11/15/2011