AgdaPkt 2003-10-13 - Laserfiche WebLink

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IO.��I� 1. An applicant mav submit to the Citv a proposal for specific incentives that the applicant requests pursuant to this section, and mav request a meetinq with the __ C � 2. A densitv bo��us or incentive requested bv the applicant shall be granted unless the Citv makes a writ;en findin4, based on substantial evidence, of either of the followinq: (a) That the incentive or concession is not reauired in order to provide for affordable dwellin4 units as specified in Government Code Section 65915 or for rents to be set as specified in Health and Safetv Code Sections 50079.5 and 50105. (b) The incentive or concession would have a specific adverse impact as defined in paraqraph (2) of subdivision (d) of Government Code Section 65589.5. uqon public health and safetv or the phvsical environment or on anv real propertv that is listed in the California Reqister of Historical Resources and for which there is no feasible method to satisfactorily miti9ate or avoid the specific adverse impact without renderinq the development unaffordable to low-and moderate-income households. 3. At least one (11 of the additional incentives referenced in Government Code Section 65915(i) shall be provided for housinq developments which include affordable dwellinct units under this section except that the Citv Council need not Qrant an additional incentive other than the densitv bonus if it adopts written findings, based on substantial evidence, that an additional incentive is not required to provide " affordable dwellinq units as specified in Government Code Section 65915. 4. The Citv mav impose certain development standards on the development. These standards include, but are not limited to, such items as minimum lot size, side vard setbacks, and placement of public works improvements. The Citv may not apply any development standard that will have the effect of precludin4 the construction of a development meetinq the criteria of Section 32.19(B) or with the incentives permitted by this section. The Citv shall establish procedures for waivina or modifving development and zoninq standards that would otherwise inhibit the utilization of the densitv bonus on specific sites. 5. Nothinq in this section shall be interqreted to require the Citv to waive or reduce develoqment standards if the waiver or reduction would have an adverse impact on any real propertv that is listed in the California Rectister of Historical Resources or a specific adverse impact, as defined in paraqraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon health, safetv, or the phvsical environment, and for which there is no feasible method to satisfactorilv mitiqate or avoid the specific adverse impact. 6. The applicant shall show that the waiver or modification is necessarv to make the housinq units economicallv feasible. F:Atty/Ord/Ord 183Red 4 052703