ORD 2286 - Laserfiche WebLink

Ordinance No. 2286 Page 8 of 12 1. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5;or for affordable rents, as defined in Health and Safety Code Section 50053; or 2. The proposed incentive would be contrary to state or federal law; or 3. The proposed incentive would have a specific, adverse impact upon the public health or safety or on any real property that is listed in the California Register of Historic Resources,and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific, adverse impact"means a significant,quantifiable,direct and unavoidable impact, based on objective, identified,written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5. D. The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence,of any of the following: 1. The proposed waiver would be contrary to state or federal law; or 2. The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or 3. The proposed waiver would have a specific, adverse impact upon the public health or safety,and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low-and moderate-income households. For the purpose of this subsection,"specific,adverse impact"means a significant,quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5. E. If a child care center complies with the requirements of Government Code Section 65915(h),the decision- making body may deny a density bonus or incentive that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence,that the city already has adequate child care facilities. F. A request for minor modification of an approved density bonus may be granted by the Director of Community Development,or their designee, if the modification substantially complies with the original density bonus housing plan and conditions of approval. Other modifications to the density bonus housing plan shall be processed in the same manner as the original plan. 17.38.050 Affordability requirements. A. Affordable rental units provided by a housing development to meet state density bonus law requirements shall be subject to an affordable housing agreement recorded against the housing development for at least a 55-year term or as required by chapter 17.44, commencing upon the issuance of certificates of occupancy. The form of the affordable housing agreement shall be approved by the city attorney.