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7.B. - Page 34 <br /> �Chapfer 633, Statutes of 2007(S8 2)� <br /> (B} Mixed-use developments consisting af resider�tial and nonresidential uses in which <br /> nonresidential uses are limited to r�eighborhoad cammercial uses and to the first floor of <br /> buildings that are two or more stories. As used in this paragraph, "neighborhood commercial" <br /> means small-scale general or specialty stores that furr�ish goocfs and services primarily to <br /> residents of the neighbarhood. <br /> (C) Transitional housinq or sup�artive housinq. <br /> (3) "Housing far very low, low-, or moderate-incorrte households" means that either (A) a# <br /> least 20 percent of the totaf units shall be sald or rented to lower i�come households, as <br /> defined in Section 50�79.5 af the Health and Safety Code, or (B} 100 percent af the units <br /> shall be sold or rented to maderate-income households as defined in Sectian 50n93 of the <br /> Health and Safety Code, or middie-incame households, as defined in 5ection 65408 ofi this <br /> code. Hous�ng units targeted for lower income households shall be made available a# a <br /> monthly hausing cost fhat does not exceed 30 percent af 60 percent of area median income <br /> with adjustments for hausehold size made in accordance with the adjustment factors on <br /> which the �ower income eligibility limits are based. Housing �nits targeted for persons and <br /> families of moderate income shall be made available at a monthly housing cost that daes nat <br /> exceed 30 percent of 100 percent ofi area median income with adjustments for househoEd <br /> size made in accordance with ti�e adjustment factors on which the moderate-income eligibility <br /> limits ar� based. <br /> (4) "Area median income" means area median income as periodically established by the <br /> Department of Hausing and Community Devefopment pursuant to Section 50093 of the <br /> Healti� and Safety Code, The d�veloper shall pro�ide sufficient legal commitments to ensure <br /> continued availability af units for very low ar low-income househol�s i� accordar�ce with the <br /> provisions of this subdi�ision for 30 years. <br /> (5) "Disappro�e the de�elopment project" incl€�des any instance in which a local agency does <br /> eiti�er af the following: <br /> (A} Votes on a proposed housing deveiopment project a�plication and the application is <br /> disappro�ed. <br /> (B} �ails to comply w�th the time periods specified in subparagraph {B) of paragraph (1) of <br /> subdi�ision (a) of Section G5950. An extension of time pursuant to Article 5 {cammencing with <br /> Section 65950) shalf be deemed to be an extension of time pursuant ta this paragraph. <br /> (i) !f any city, county, or city and county denies approva� ar imposes restrictions, includEng <br /> design changes, a reduction of allowable densities or the percentage of a lot that may be <br /> accupied by a building or structure under the applicable planning and zoning in #orce at th� <br /> time the application is deemed complete pursuant to Section fi5943, that have a substantial <br /> ad�erse effect on the viability or affardability of a housEng de�elopment for�ery law, iow-, or <br /> moderate-income households, and the denial of the developm�nt or tha impasition of <br /> restrictions on the de�elopment is the subject of a courk action which chalienges #he denial, <br /> then the burden of proof shalf be on the local legislative body to show that its decision is <br /> consisfent with the findings as described in subdivision (d) and that �he #indings are supported <br /> by substantial e�idence in fhe record. <br /> (j) When a proposed housing development project complies with applicable, objective general <br /> plan and zoning standards and criteria, incfuding design review standards, in effect at the <br /> #ime that the ho�asing de�elopment profect"s application is determined to be camp�ete, but the <br /> [ocal age�cy proposes to disappra�e the project or to approve it upo� the condition that th� <br /> prnjecf be develnped af a lawer density, t�e local agency shall base its decision regarding the <br /> proposed housing devefapment project upon written findings supported by subsfantiaf <br /> evidence an the recard that both of the fallowing conditions exist: <br /> State Department of Housing -27- May 2008 <br /> and Cammuni#y Develapment <br />