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<br /> <br />ATTY/RESO.0025/PC RESO ADOPT AMENDMENTS TO THE ZONING CODE – 2023-2031 HOUSING ELEMENT – EXHIBIT A <br />REV: 06-20-24 VR <br />Page 56 of 158 <br />safety, or the physical environment with no feasible method to <br />satisfactorily avoid or mitigate. <br />c. The concession or incentive would have an adverse impact on a real <br />property that is listed in the California Register of Historical Resources <br />with no feasible method to satisfactorily avoid or mitigate. <br />d. The concession or incentive would be contrary to State or federal law. <br />G. Waivers. Developers of State Density Bonus eligible projects may seek a waiver of any <br />development standard that would physically preclude the construction of a housing <br />development with the density bonus and incentives for which the applicant is entitled. <br />The applicant shall bear the burden of demonstrating that the development standards <br />that are requested to be waived will have the effect of physically precluding the <br />construction of the housing development with the density bonus and incentives. There is <br />no limit to the number of waivers that can be granted. A request for a waiver must be <br />submitted in writing as part of the application process specified in Section 32.19(D) <br />(Submittal Requirements and Review Process). Granted waivers shall be identified by staff <br />in entitlements. The City shall grant a waiver unless the review authority makes any of <br />the following findings in writing and supported by substantial evidence: <br />1. The waiver would have a specific adverse impact, as defined in Government Code <br />Section 65589.5(d)(2), upon health, safety, or the physical environment, and <br />there is no feasible method to satisfactorily mitigate or avoid the specific adverse <br />impact without rendering the development unaffordable to lower and moderate <br />income households. <br />2. The waiver would have an adverse impact on a real property that is listed in the <br />California Register of Historical Resources with no feasible method to <br />satisfactorily avoid or mitigate. <br />3. The development standard for which a waiver is requested would not physically <br />preclude the construction of the housing development with the density bonus <br />and incentives or would otherwise be contrary to State or federal law. <br />H. Affordability and Development Standards. All Affordable Housing Units must comply <br />with the standards specified in Section 29.6 (Standards for Affordable Housing). <br />I. Commercial Density Bonus. <br />1. A "commercial density bonus" is a modification of development standards <br />mutually agreed upon by the City and an applicant for a nonresidential <br />development project that is eligible for such a bonus under Government Code <br />65915.7. Examples of a commercial density bonus include an increase in floor <br />area ratio, increased building height, or reduced parking. <br />2. Developer shall enter into an Affordable Housing Plan and Agreement with the <br />City that meets the requirements of Section 29.7 (Affordable Housing Plan and <br />Agreement) and that demonstrates how the developer intends to provide the <br />affordable housing required to qualify for a commercial density bonus under <br />Government Code 65915.7. An Affordable Housing Plan and Agreement under <br />this section may take the form of a "partnered housing agreement." For purposes