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.010 Review. Any request pursuant to this chapter shall be processed concurrently with any other application(s) required for the Housing Development, including any that include discretionary land use decisions. The granting of a Density Bonus or Incentive pursuant to this chapter is a ministerial review and shall not be interpreted, in and of itself, to require a General Plan amendment, zoning reclassification, or other discretionary approval. Final determination of conformance with the requirements of this chapter (with right of appeal to the City Council) shall be made as follows:
.0101 Planning Director Review. The Planning Director is the review authority for all requests pursuant to this chapter, except Tier Two Incentives, as specified in Section 18.52.090 (Development Incentives), and requests for direct financial assistance.
.0102 Planning Commission Review. The Planning Commission is the review authority for all Tier Two Incentives, as specified in 18.52.090 (Development Incentives). Planning Commission review shall be at a public hearing held in accordance with the procedures set forth for public hearings in Chapter 18.60 (Procedures). The Planning Commission shall make a determination as to the developer's compliance with this chapter.
.0103 City Council Review. The City Council is the review authority for all requests for direct financial assistance. City Council review shall be at a public hearing held in accordance with the procedures set forth for public hearings in Chapter 18.60 (Procedures).
.020 Joint Pre-Application Conference with staff from Planning and Building and Community and Economic Development Departments. Applicants for a request pursuant to this chapter shall schedule a joint pre-application conference with, and such conference shall be granted by, the Community and Economic Development Department to discuss and identify potential application issues, including any additional Incentives requested pursuant to Section 18.52.090 (Development Incentives). No charge will be required for the pre-application conference.
.040 Housing Incentives Application. The record owner or owners of each property comprising the proposed Housing Development site shall file a completed Housing Incentives Application with the Planning and Building Department as stipulated in the application on forms prescribed by the Planning Director. Applications shall include all required information and identified materials, including but not be limited to, the following:
.0401 Project Description. A brief description of the proposed Housing Development, including the total number of units; Affordable Units, including the proposed level of affordability; and Density Bonus Units.
.0403 Development Incentives. A list and, as applicable, plans (site plan, elevations, etc.) indicating the Incentives requested.
.0404 Parking Ratios. A site plan indicating the proposed location and number of parking spaces.
.0405 Documentation. Documentation establishing eligibility for a requested Density Bonus, Incentives and/or Reduced Parking Ratios. Such documentation shall include information satisfactory to the Planning Director, the Executive Director of the Community and Economic Development Department and/or the City Council that the Density Bonus, Incentives and/or Reduced Parking Ratios results in an identifiable and actual cost reduction to provide for an Affordable Housing Cost or for rents for the targeted units to be set as specified in California Government Code Section 65915(c).
.0406 Environmental Documentation. The applicant shall provide documentation to the satisfaction of the Planning Director, Planning Commission, or City Council, as applicable, that the proposed project has no specific, adverse impact upon health, safety, or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact unless a statement of overriding consideration is adopted pursuant to California Environmental Quality Act Guidelines, and that there are no adverse impacts to any real property that is listed in the California Register of Historical Resources.
.0407 Housing Incentives Memorandum. An executed memorandum of understanding in such form as is reasonably satisfactory to the City acknowledging the basic terms of the Housing Incentive Agreement, including the number of Affordable Units required under this chapter, as well as the unit type and Affordable Rent or Affordable Housing Cost, as applicable, for such units. Approval of such memorandum by the Community and Economic Development Department shall be a prerequisite to the Planning and Building Department or Planning Commission undertaking final action on the application. Rough grading and building permits shall not be issued until such time that the Housing Incentive Memorandum has been executed and the Housing Incentive Agreement has been recorded.
.0408 Additional Information. Any other information as may be required by the Planning and Building and/or Community and Economic Development Departments.
.0409 Fees. Applications not initiated by the City or the City's Housing Authority shall be accompanied by a filing fee as set forth in Chapter 18.80 (Fees).
.050 Determination of Application Completeness. All applications submitted to the Planning and Building Department will be processed to determine their completeness in accordance with Section 18.60.050 (Determination of Application Completeness) of Chapter 18.60 (Procedures). If after the initial review period, the application is deemed complete, City staff shall continue to process the request. If the application is incomplete, the applicant shall be informed in writing that additional specified information must be provided.
.060 Modification of Application. An application may be modified by the applicant. Any prior finding of application completeness may be voided by submittal of a modification. Depending on the type and substance of the modification, the modified application may be distributed again for review and may require payment of a supplemental application fee.
.070 Project Review. Applications shall be reviewed by both the Planning and Building and the Community and Economic Development Departments for compliance with the provisions of this chapter, including affordability and design requirements. Applications shall be reviewed by other City departments where appropriate. Such review shall include a review of compliance with this chapter and other City codes. The Community and Economic Development Department and/or the Planning and Building Department may make a recommendation to the approval authority regarding any additional, alternative or equivalent financial Incentives.
.080 Additional or Alternative Incentives. The Planning and Building Department shall inform the applicant if additional, alternative or modified Incentives pursuant to Section 18.52.090 (Development Incentives) will be recommended for consideration in lieu of or in addition to the requested Incentives or that the Incentives requested by the applicant are not appropriate or needed for the proposed Housing Development. If alternative or modified Incentives are recommended, the recommendation shall establish how the Incentives can be expected to have an equivalent affordability effect as the Incentives requested by the applicant.
.090 Conditions of Approval. Conditions of approval may be utilized for the following:
.0901 Condominium Conversion Density Bonus. If the applicant has applied for a Density Bonus or Incentive related to a conditional use permit for a condominium conversion, pursuant to Section 18.52.060 (Condominium Conversion), the City may place such reasonable conditions on the granting of the Density Bonus or Incentive(s) as it finds appropriate, including, but not limited to, conditions which assure continued affordability of the units to subsequent purchasers who are Lower, Low or Moderate Income Households.
.0902 Childcare Facilities. If the applicant has applied for a Density Bonus or Incentive related to the provision of a Childcare Facility, pursuant to Section 18.52.070 (Childcare Facilities), then, as a condition of approval of the Housing Development, the applicant shall agree to the following:
.01 Operation. The Childcare Facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the Affordable Units are required to remain affordable pursuant to Section 18.52.040 (General Density Bonus).
.02 Enrollment. Of the children who attend the Childcare Facility, the percentage of children from Very Low Income Households, Lower Income Households, or Moderate Income Households shall be equal to or greater than the percentage of Affordable Units that are required for Very Low Income Households, Lower Income Households, or Moderate Income Households pursuant to Section 18.52.040 (General Density Bonus). (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6041 § 1 (part); November 13, 2006: Ord. 6101 § 52 (part); April 22, 2008: Ord. 6116 §§ 13, 14; October 14, 2008: Ord. 6382 § 18; October 18, 2016: Ord. 6489 § 1 (part); July 14, 2020.)