(A) To approve a density bonus application, the review authority must make the following written findings, based upon substantial evidence, as applicable:
(1) Density bonus.
(a) The proposed development provides the affordable units or senior housing required by State Density Bonus Law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested, including the replacement of units rented or formerly rented to low- and very low-income households as required by Cal. Gov’t Code § 65915(c)(3).
(b) The proposed density bonus will result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Cal. Health and Safety Code § 50052.5, or for affordable rents, as defined in Cal. Health and Safety Code § 50053; or
(c) The proposed density bonus will not be contrary to state or federal law; and
(d) The proposed density bonus will not have a specific adverse impact on public health or safety, or the physical environment, or on any real property that is listed in the California Register of Historic Resources. 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 the application for the housing development was deemed complete.
(2) Incentive. Any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents, except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Cal. Gov’t Code § 65915(k)(2).
(3) Waiver. The development standard for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by Cal. Gov’t Code § 65915.
(4) Parking reduction. The housing development is eligible for any requested parking reductions under Cal. Gov’t Code § 65915(p).
(5) Donation of land. If the density bonus is based entirely, or in part, on the donation of land, all of the requirements included in Cal. Gov’t Code § 65915(g) have been met.
(6) Child care facility. If the density bonus or incentive is based on the inclusion of a child care facility, all of the requirements included in Cal. Gov’t Code § 65915(h) have been met.
(7) Condominium conversion. If the density bonus or incentive is based on the inclusion of affordable units as part of a condominium conversion, all of the requirements included in Cal. Gov’t Code § 65915.5 have been met.
(8) Commercial Development.
(a) The city has approved the partnered housing agreement; and
(b) The commercial development bonus has been mutually agreed upon by the city and the commercial developer; and
(c) All of the requirements included in Cal. Gov’t Code § 65915.7 have been met.
(Ord. 902-C.S., passed 8-18-20)