(A) A developer seeking a state density bonus, incentive or concession, waiver or modification of a development standard, or a revised parking standard, shall submit an application for approval of a housing development with a density bonus. This application shall be processed concurrently with all other applications required for the housing development. The application shall be submitted on a form prescribed by the Planning Director and the application shall include, at a minimum, the following information:
(1) A site plan showing the total number and location of all proposed housing units and the number and location of proposed housing units which qualify the housing development for density bonus housing units;
(2) The manner in which the applicant shall satisfy the affordability requirements for the housing units that qualify the housing development for density bonus units;
(3) A description of any requested incentives and concessions, waivers or modification of development standards, or modified parking standards;
(4) For all incentives and concessions, except mixed use development, the application shall include evidence deemed sufficient by the Planning Director to demonstrate that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. The Planning Director may require that an independent financial review be conducted at the expense of the applicant.
(5) For waivers or modifications of development standards, the application shall include evidence deemed sufficient by the Planning Director to demonstrate that the requested waivers or modifications are necessary to make the housing units economically feasible and that the development standard from which a waiver or modification is requested will have the effect of precluding the construction of the housing development at the densities to which the applicant is entitled pursuant to this chapter.
(6) If the application is requested for a project that will include housing units for extremely low income households, the applicant shall be entitled to a density bonus that is 50 percent greater than the bonus that would be granted if these units were for very low income households.
(7) If a density bonus is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the conditions pursuant to Cal. Gov't Code §§ 65915(g)(2)(A through H) are met.
(8) If a density bonus or incentive or concession is requested for a child care facility pursuant to Cal. Gov't Code § 65915(h), the application shall show the location and square footage of the child care facility and provide evidence that the community lacks adequate child care facilities.
(9) A written acknowledgement that the project will be subject to a condition of approval and deed restriction to retain affordability of the affordable unit(s) for at least 55 years.
(10) If the density bonus is requested for a proposed housing development that would result in the removal or conversion of existing rental dwelling units, or if the property upon which the housing development is proposed has within the past five years been occupied by rental dwelling units, the application shall include the following:
(a) A description of the housing units removed, converted, proposed to be removed or proposed to be converted;
(b) The income levels of the persons occupying each unit removed, converted, proposed to be removed or proposed to be converted;
(c) The rental rates charged for the immediately preceding five years for each unit removed, converted, proposed to be removed or proposed to be converted.
(11) Payment of fees set forth in a resolution adopted by the Town Council.
(B) An application for a density bonus, incentive or concession, waiver or modification of a development standard, or revised parking standard shall be considered and acted upon by the Planning Commission based on its permit review authority for the housing development.
(C) Before approving an application for a density bonus, incentive or concession, or waiver or modification of a development standard, the Planning Commission shall make the following findings:
(1) If the density bonus is based all or in part on a donation of land, the conditions of Cal. Gov't Code § 65915 (g)(2)(A through H) are met.
(2) If the density bonus, incentive or concession is based all or in part on the inclusion of a child care facility, that the conditions included in Cal. Gov't Code § 65915 (h)(2)(A) and (B) are met.
(3) If the incentive or concession includes mixed use development, the findings included in Cal. Gov't Code § 65915 (k)(2) are met.
(4) If a waiver or modification of a development standard is requested, the developer has demonstrated, for each requested waiver or modification, that the waiver or modification is necessary to make the housing units economically feasible and that the development standards from which a waiver or modification is requested will have the effect of precluding the construction of a housing development at the densities to which the applicant is entitled pursuant to this chapter or with the concessions and incentives permitted by this chapter.
(D) The Planning Commission may deny a concession or incentive if it makes a written finding based upon substantial evidence of either of the following:
(1) The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable rents or affordable housing costs as required by this chapter.
(2) The concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower, very low-, or moderate income households. For purposes 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.
(E) The Planning Commission may deny a waiver or modification of a development standard only if it makes a written finding based upon substantial evidence of either of the following:
(1) The waiver or 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 housing development unaffordable to lower, very low- or moderate income households. For purposes 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 waiver or modification would have an adverse impact on any real property listed in the California Register of Historical Resources.
(F) If a density bonus or concession or incentive is based on the provision of childcare facilities, the Planning Commission may deny the density bonus or concession or incentive if it finds, based on substantial evidence, that the town already has adequate childcare facilities.
(Ord. 885, passed 11-1-2023)