ORD 2286 - Laserfiche WebLink

Ordinance No. 2286 Page 7 of 12 6. Density bonus or incentive for a condominium conversion.The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met. 17.38.040 Application review process. A. All requests under state density bonus law shall be part of the planning application and shall be applied for, reviewed,and acted upon concurrently with the planning application by the approval body with authority to approve the development,within the timelines prescribed by Government Code Section 65950 et seq. or other statute. Appeals of the planning application in accordance with the requirements of chapter 18.144 of this code and shall include all requests under state density bonus law if appeals are authorized for the discretionary or ministerial permit applied for. B. To ensure that an application for a housing development conforms with the provisions of state density bonus law,the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of state density bonus law, as applicable: 1. The housing development provides the housing required by state density bonus law to be eligible for a density bonus and any incentives, parking reduction, or waivers requested, including housing required to replace units rented or formerly rented to very low-and low-income households as required by Government Code Section 65915(c)(3). 2. If applicable,the housing development provides the housing required by state density bonus law to be eligible for an additional density bonus under Government Code Section 65915(v)(1). 3. If an incentive is requested, reasonable documentation has been presented showing that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing or costs or rents; except that, if a mixed-use development is requested,the application must instead meet all of the requirements of Government Code Section 65915(k)(2). 4. If a waiver is requested, the development standards for which a waiver is requested would have the effect of physically precluding the construction of the housing development at the densities or with the incentives permitted. 5. The housing development is eligible for any requested parking reductions under Government Code Section 65915(p)or other statute. 6. If the density bonus is based all or in part on donation of land,the requirements of Government Code Section 65915(g)have been met. 7. If the density bonus or incentive is based all or in part on the inclusion of a child care facility or condominium conversion,the requirements included in Government Code Section 65915(h)or 65915.5,as appropriate, have been met. C. The decision-making body shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence,of any of the following: