17.28.100 Findings for approval for density bonus and or incentive(s).

   A.   Density bonus approval. The following finding shall be made by the approving authority in order to approve a density bonus request:

      1.   The density bonus request meets the requirements of this Chapter.

   B.   Density bonus approval with incentive(s). The following findings shall be made by the Approving Authority in order to approve a density bonus and incentive(s) request:

      1.   The density bonus request meets the requirements of this Chapter;

      2.   The incentive is required in order to provide affordable housing; and

      3.   Approval of the incentive(s) will have no specific adverse impacts upon health, safety, or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, low, and moderate income households.

   C.   Denial of a request for an incentive(s). The approving authority shall make the following findings prior to disallowing an incentive (in the case where an accompanying density bonus may be approved, or in the case of where an incentive(s) is requested for senior housing or child care facility):

      1.   That the incentive is not necessary in order to provide for affordable housing costs as defined in Section 17.28.020 of this Chapter, or for rents for the targeted units to be set as specified in Section 17.28.020 of this Chapter.

      2.   That the incentive would result in specific adverse impacts upon health, safety, or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, low, and moderate income households.

(Ord. 823-2016 § 11 (part), 2016)