Ord2003 1130-324 - Laserfiche WebLink

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10~27~2003 accepted by the City. The density bonus shall not be included when determining the number of housing units which is equal to twenty percent (20%) of the total. D. Approval of Density Bonus. 1. An applicant may submit to the City a proposal for specific incentives that the applicant requests pursuant to this section, and may request a meeting with the City. 2. A density bonus or incentive requested by the applicant shall be granted unless the 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 dwelling units as specified in Government Code Section 65915 or for rents to be set as specified in Health and Safety 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 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to Iow-and moderate-income households. 3. At least one (1) of the additional incentives referenced in Government Code Section 65915(j) shall be provided for housing developments which include affordable dwelling units under this section except that the City Council need not grant an additional incentive other than the density bonus if it adopts written findings, based on substantial evidence, that an additional incentive is not required to provide affordable dwelling units as specified in Government Code Section 65915. 4. The City may impose certain development standards on the development. These standards include, but are not limited to, such items as minimum lot size, side yard setbacks, and placement of public works improvements. The City may not apply any 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 City shall establish procedures for waiving or modifying development and zoning standards that would otherwise inhibit the utilization of the density bonus on specific sites. 5. Nothing 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, safety, or the physical environment, F:Atty/Ord/Ord. 183 3 1130-324 101403