SEC. 16-410.12. AFFORDABLE HOUSING INCENTIVES.
   Cal. Gov't Code, Sections 65915(d), (j), (k) and (l) govern the following provisions regarding affordable housing incentives. Subject to Section 16-410.14, all of the following applicable requirements must be satisfied to be granted an incentive(s) pursuant to Sections 16-410.12(B) and 16-410.13:
   (A)   The applicant for an incentive may also be an applicant for a density bonus and must qualify for a density bonus pursuant to Section 16-410.3 (Cal. Gov't Code, Section 65915(d)(1))
   (B)   A specific written proposal for an incentive(s) must be submitted with the application for density bonus in accordance with Section 16-410.6 (Cal. Gov't Code, Sections 65915(b)(1) and (d)(1)). The applicant's proposal may subsequently be amended or supplemented based on project design or other changes requested by the city; provided, however, that the city shall have additional time to review the requested changes.
   (C)   If an incentive(s) pursuant to Sections 16-410.12 and 16-410.13 is sought, the applicant must establish that each requested incentive would result in identifiable and actual cost reductions for the qualified housing development or for rents for the qualified affordable dwelling units. (Cal. Gov't Code, Sections 65915(k)(1) and (3))
   (D)   If an incentive(s) for mixed-use zoning in conjunction with a housing project is sought, the applicant must establish that requirements of State law are met. (Cal. Gov't Code, Section 65915(k)(2))
   (E)   If an additional incentive for a childcare facility is sought pursuant to Section 16-410.13(D), the applicant must establish that requirements of that section are met.
   (F)   The granting of an incentive shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study or other discretionary approval. (Cal. Gov't Code, Section 65915(j)) An incentive is applicable only to the project for which it is granted. For purposes of this subsection (F), study does not include reasonable documentation to establish eligibility for the incentive or to demonstrate that the incentive meets the definition of identifiable and actual cost reductions to provide for affordable housing costs or affordable rents.
(Ord. No. 2912, 3035)