The Director shall review and may approve, conditionally approve, or disapprove a density bonus and other bonus incentives request.
A. Before approving a request for a density bonus, incentive, concession, parking reduction, or waiver, the Director shall make the following findings, as applicable:
1. The residential development project is eligible for a density bonus and for any concessions, incentives, waivers, or parking reductions requested; conforms to all standards for affordability required by Cal. Gov’t Code § 65915(c); and includes a financing mechanism for all implementation and monitoring costs.
2. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation required by this section.
3. If the density bonus is based all or in part on dedication of land, all of the requirements included in Cal. Gov’t Code § 65915(g) have been met.
4. If the density bonus, incentive, or concession is based all or in part on the inclusion of a childcare facility, all of the requirements included in Cal. Gov’t Code § 65915(h) have been met.
5. If the incentive or concession includes mixed uses, all of the findings included in Cal Gov’t Code § 65915(k)(2) can be made.
6. If a waiver or reduction of a development standard is requested, the development standard would have the effect of physically precluding the construction of the development project at the density or with the incentives or concessions permitted by Cal Gov’t Code § 65915.
B. The Director may deny a request for an incentive or concession for which the findings set forth in subsection A. of this section can be made only if it makes a written finding, based upon substantial evidence, of one of the following:
1. The incentive or concession is not required to provide for affordable rents or affordable ownership costs, as provided in Cal. Gov’t Code § 65915(d)(1)(A); or
2. The incentive or concession would have a specific adverse impact upon public health or safety, or the physical environment, 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 development unaffordable to low, very 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 was deemed complete; or
3. The concession or incentive would be contrary to state or federal law.
C. The Director may deny a request for a waiver or reduction for which the findings set forth in subsection A. of this section can be made only if it makes a written finding, based upon substantial evidence, of one of the following:
1. The modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low, very 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 was deemed complete;
2. The modification would have an adverse impact on any real property that is listed in the California Register of Historic Resources; or
3. The waiver or reduction would be contrary to state or federal law.
D. The Director may deny a density bonus, incentive, or concession that is based on the provision of childcare facilities and for which the required findings can be made only if it makes a written finding, based on substantial evidence, that the city already has adequate childcare facilities.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)