(A) If the proposed housing development complies with applicable objective general plan, zoning, design and subdivision standards, the Planning Commission may only deny the housing development or conditionally approve the housing development at a lower density if it makes written findings supported by a preponderance of the evidence in the record that:
(1) The housing development would have a specific, adverse impact upon the public health or safety unless the housing development is denied or conditionally approved at a lower density. A “specific, adverse impact” means a “significant, quantifiable, direct, and unavoidable impact, based on identified written public health or safety standards, policies, or conditions as they existed on the date that the project was deemed complete”; and
(2) There is no feasible method to satisfactorily mitigate or avoid the adverse impact other than the denial of the housing development or conditional approval of the housing development at a lower density.
(B) If the housing development includes 20 percent of units affordable to very low or low-income households, 100 percent of units affordable or
moderate- or middle-income households, or an emergency shelter, the Planning Commission shall approve the housing development unless the Commission makes written findings supported by a preponderance of the evidence in the record, as to at least one of the findings in Cal. Gov't. Code § 65589.5(d).
(C) The Planning Director shall approve or deny the housing development within the applicable time periods established in Cal. Gov't. Code § 65950 and related sections.
(Ord. 885, passed 11-1-2023)