Ord2018 1130-375 - Laserfiche WebLink

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density bonus and incentives. There is no limit to the number of waivers that can be granted. A request for a waiver must be submitted in writing as part of the application process specified in Section 32.19.—�D)(Submittal Requirements and Review Process). Granted waivers shall be identified by staff in entitlements. The City shall grant a waiver unless the review authority makes any of the following Findings in writing and supported by substantial evidence: 1. The waiver would have a specific adverse impact, as defined in Government Code sSection 65589.5(d)(2), upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower and moderate income households. 2. The waiver would have an adverse impact on a real property that is listed in the California Register of Historical Resources with no feasible method to satisfactorily avoid or mitigate. 3. The development standard for which a waiver is requested would not physically preclude the construction of the housing development with the density bonus and incentives or would otherwise be contrary to State orf Ffederal law. H. Affordability and development standards. All Affordable Housing Units must comply with the standards specified in Section 29.6 (Standards for Affordable Housing). I. Commercial Density Bonus 1. A "commercial density bonus" is a modification of development standards mutually agreed upon by the City and an applicant for a nonresidential development project that is eligible for such a bonus under Government Code 65915.7. Examples of a commercial density bonus include an increase in floor area ratio, increased building height, or reduced parking. 2. Developer shall enter into an Affordable Housing Plan and Agreement with the City that meets the requirements of Section 29.7 (Affordable Housing Plan and Agreement) and that demonstrates how the developer intends to provide the affordable housing required to qualify for a commercial density bonus under Government Code 65915.7. An Affordable Housing Plan and Agreement under this section may take the form of a "partnered housing agreement." For purposes of this section, a partnered housing agreement is an agreement between the developer, the City, and a third -party housing developer who will provide the affordable units on behalf of the developer. 3. Any approved housing agreement for a commercial density bonus shall be described in the City's };Housing eElement annual report as required by Government Code Section 65915.7(k) and shall require the following: a. At least 30 percent of the total units in the housing development project shall be made available at affordable ownership cost or affordable rent for low-income households, or at least 15 percent of the total units in the housing development project shall be made available at affordable ownership cost or affordable rent for very low-income households. b. The nonresidential development project developer must agree either to directly build the affordable units; donate a site consistent with Section 32.19.—�I)—�4) for the affordable units; or make a cash payment to the housing developer for the affordable units. ATTY/ORD.469/ADOPTING ARTICLE 29 AND AMENDING SECTION 32.19 ORD 1130-375 REV: 06-15-18 PR MUFF NO. 301 Page 19 of 20