AgdaPkt 2003-10-27 - Laserfiche WebLink

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74A-4 1. An applicant may submit to the Citv a proposal for specific incentives that the applicant requests pursuant to this section, and may request a meetino with the CAL• 2.- A density bonus or incentive requested by the applicant shall be granted unless thu City makes a written finding, based on substantial evidence. of either of the following: (a) That the incentive or concession is not required in order to provide, for affordable dwellino 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 paragraph (2) of subdivision (d) of Government Code Section 65569.5 upon 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 mitigate or avoid the specific adverse impact without renderinq the development unaffordable to low -and moderate - income households. 3. At least one (1) of the additional incentives referenced in Government . Code Section 65915(i) shall be provided for housing developments which include affordable dwelling units under this section except that the Citv Council need not grant an additional incentive other than the densitv bonus if it adopts written findinas. 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 may 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 anv development standard that will have the effect of precluding the construction of a development meeting the criteria of Section 32.19(B) or with the incentives permitted by this section. The Citv shall establish procedures for waiving or modifvinq development and zoning standards that would otherwise inhibit the utilization of the densitv bonus on specific sites. 5. Nothinq in this section shall be interpreted to require the City to waive or reduce development standards if the waiver or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources or a specific adverse impact, as defined in paragraph (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 satisfactorily mitigate or avoid the specific adverse impact. 6. The applicant shall show that the waiver or modification is necessary to make the housinq units economically feasible. F Atty /Ord /Ord 183Red 4 052703