Laserfiche WebLink
(3) The applicant may initiate judicial proceedings if the city, county, or city and county <br />refuses to grant a requested density bonus, incentive, or concession. If a court finds that the <br />refusal to grant a requested density bonus, incentive, or concession is in violation of this <br />section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. <br />Nothing in this subdivision shall be interpreted to require a local government to grant an <br />incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of <br />subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for <br />which there is no feasible method to satisfactorily mitigate or avoid the specific adverse <br />impact. Nothing in this subdivision shall be interpreted to require a local government to <br />grant an incentive or concession that would have an adverse impact on any real property <br />that is listed in the California Register of Historical Resources. The city, county, or city and <br />county shall establish procedures for carrying out this section, that shall include legislative <br />body approval of the means of compliance with this section. <br />(e) <br />(1) In no case may a city, county, or city and county apply any development standard that <br />will have the effect of physically precluding the construction of a development meeting the <br />criteria of subdivision (b) at the densities or with the concessions or incentives permitted by <br />this section. An applicant may submit to a city, county, or city and county a proposal for the <br />waiver or reduction of development standards that will have the effect of physically <br />precluding the construction of a development meeting the criteria of subdivision (b) at the <br />densities or with the concessions or incentives permitted under this section, and may <br />request a meeting with the city, county, or city and county. If a court finds that the refusal <br />to grant a waiver or reduction of development standards is in violation of this section, the <br />court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this <br />subdivision shall be interpreted to require a local government to waive or reduce <br />development standards if the waiver or reduction would have a specific, adverse impact, as <br />defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the <br />physical environment, and for which there is no feasible method to satisfactorily mitigate or <br />avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require <br />a local government to waive or reduce development standards that would have an adverse <br />impact on any real property that is listed in the California Register of Historical Resources, <br />or to grant any waiver or reduction that would be contrary to state or federal law. <br />(2) A proposal for the waiver or reduction of development standards pursuant to this <br />subdivision shall neither reduce nor increase the number of incentives or concessions to <br />which the applicant is entitled pursuant to subdivision (d). <br />(f) For the purposes of this chapter, "density bonus" means a density increase over the <br />otherwise maximum allowable residential density as of the date of application by the applicant <br />to the city, county, or city and county. The applicant may elect to accept a lesser percentage of <br />density bonus. The amount of density bonus to which the applicant is entitled shall vary <br />according to the amount by which the percentage of affordable housing units exceeds the <br />percentage established in subdivision (b). <br />4 <br />