SEC. 16-410.6. CONTENT OF APPLICATION.

   (A)   The application for a density bonus permit shall include the following information:

      (1)   A description of the project, including the number of dwelling units, the number of affordable units and level of affordability, the total number of units in the development by number of bedrooms, and the location of the affordable units;

      (2)   A description of the density bonus and the incentives or concessions requested, if any, in accordance with Sections 16-410.8 through 16-410.13 (Cal. Gov't Code, Section 65915(b)(2)(d)(1));

      (3)   For parking standard modification requests, that the requirements of Section 16-410.16 are met (Cal. Gov't Code, Section 65915(p));

      (4)   The location, design, and phasing criteria required by Section 16-410.17, including any proposed development standard(s) modifications or waivers pursuant to Section 16-410.15;

      (5)   Any proposal for the waiver or reduction of development standards which waiver or reduction is required to allow the city to avoid physically precluding the construction of a development meeting the criteria of Cal. Gov't Code, Section 65915(b) at the densities or with the concessions or incentives permitted by the statute;

      (6)   The proposed method of ensuring the continued affordability of all low, very low rental units, or senior units, or childcare facilities, that qualified the applicant for the award of the density bonus for at least 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, as required by Cal. Gov't Code, Section 65915(c)(1); and

      (7)   Other information reasonably requested by city staff needed to establish eligibility for a requested density bonus, incentives or concessions, or to demonstrate that the incentive meets the definition of identifiable and actual cost reductions to provide for affordable housing costs or affordable rents.

   (B)   For the application for a density bonus permit for the donation of qualified land pursuant to Section 16-410.11, the application must show the location of the qualified land in addition to including sufficient information to establish that each requirement of that section has been met. (Cal. Gov't Code, 65915(g)(2))

   (C)   The application for a density bonus permit for a housing development with a childcare facility that conforms to the requirements of Section 16-410.9 or Section 16-410.12. (Cal. Gov't Code, Section 65915(b)), shall show the location and square footage of the childcare facility in addition to including sufficient information on how the applicant proposes to regulate attendance at the childcare facility to conform to the requirements of Cal. Gov't Code, Section 65915(h)(2)(B).

   (D)   An application for a density bonus permit will not be processed until all of the provisions of this Division 7A are complied with and shall be processed concurrently with other required entitlements for which the affordable housing benefit is sought.

   (E)   Approval of a density bonus permit, incentives, concessions or waivers shall be made by the approval authority within the city that is authorized to approve the associated discretionary approval or ministerial approval for the underlying development permit for the housing development. The approval of the density bonus application is non-discretionary unless the city adopts written findings justifying the denial of the density bonus application. The approval authority's decision shall only be appealable if the permit is denied. An appeal shall be granted if the approval authority's decision does not include written findings or if the written findings do not justify the denial consistent with State or local law.

(Ord. No. 2912, 3002, 3035)