SEC. 16-410R.  DETERMINATION ON DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVE PROGRAM REQUESTS.
   The decision-maker on the underlying qualified housing development application is authorized to approve or deny an application for an affordable housing benefit in accordance with this Division 7A.
   (A)   Affordable housing benefit determinations - An application for an affordable housing benefit shall be granted if the requirements of this Division 7A are satisfied unless:
      (1)   The application is for an incentive for which a finding is made in accordance with section 16-410N; or
      (2)   The underlying application for the qualified housing development is not approved independent of and without consideration of the application for the affordable housing benefit; or
      (3)   The housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:
         (a)   The proposed housing development, inclusive of the units replaced pursuant to this division (A)(3), contains affordable units at the percentages set forth under State law; or
         (b)   Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.
      (4)   For proposed projects within the coastal zone, the proposed project cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act.
   (B)   Affordable housing benefit compliance provisions - To ensure compliance with this Division 7A and State law, approval of an application for an affordable housing benefit may be subject to, without limitation:
      (1)   The imposition of conditions of approval to the qualified housing development, including imposition of fees necessary to monitor and enforce the provisions of this Division 7A;
      (2)   An affordable housing agreement and, if applicable, an equity sharing agreement pursuant to section 16-410S; and
      (3)   Recorded deed restriction implementing conditions of approval and/or contractual or legally mandated provisions.
   (C)   Appeals -
      (1)   If the decision to approve or deny an application for an affordable housing benefit is made by the planning commission, then an appeal may be filed consistent with the procedures of section 16-545.
      (2)   If the determination of the underlying application for the qualified housing development is also appealed along with the decision of the affordable housing benefit, then the entire project shall be controlled by the appeal procedures applicable to the underlying application.
(Ord. No. 2912)