(A) The secretary of the planning commission shall give notice as provided in Cal. Gov't Code, Section 65091 of the planning commission's public hearing on the application for a condominium density bonus permit. At the same time, the secretary shall also give the applicant written notice of the date, time and place of the hearing.
(B) The planning commission shall hold a public hearing on the application for a condominium density bonus permit. The planning commission may continue the public hearing. Not more than 30 days after the close of the public hearing, the commission shall adopt a resolution recommending to the city council that the application be approved or denied, and stating any conditions to approval of the application.
(C) If the planning commission recommends approval of a condominium density bonus permit, the commission may recommend a density bonus or incentives the same as or different from those requested by the applicant or recommended by city staff.
(D) Before recommending approval of a condominium density bonus permit, the applicant must show and the planning commission must make all of the following findings regarding the project and the proposed density bonus or other incentives recommended for approval:
(1) The project meets the criteria set out in the statute.
(2) The density bonus or incentives will not adversely affect or be materially detrimental to uses or property adjacent to the subject property or to the public health, safety or welfare.
(3) The subject property is adequate in size and shape and served by adequate infrastructure to accommodate the density bonus or incentives.
(4) If one or more incentives are recommended instead of a density bonus, such incentive or incentives are of equivalent financial value to a density bonus.
(5) The applicant has proposed a satisfactory method to guarantee that the sales or rental prices will be established as stated in the application.
(6) The applicant has agreed to a satisfactory method of ensuring for a specified number of years the continued affordability of the affordable units to subsequent purchasers who are persons and families of low and moderate income or lower income households.
(7) The affordable units are dispersed throughout the project, have a number of bedrooms proportionate to the number of bedrooms in other units in the project, and do not differ in appearance, size or amenities from other units in the project, except as specified by the planning commission in accordance with section 16-432.
(E) Within 30 days of the date that the planning commission renders its decision, the city council shall hold a public hearing on the application and shall consider the commission's recommendation, which the city council may affirm, deny or modify. The city clerk shall give notice of the hearing as provided in Cal. Gov't Code, Section 65091. At the same time, the city clerk shall also give the applicant written notice of the date, time and place of the hearing. The city council may continue the public hearing.
(F) Within 30 days of the close of the public hearing, the city council shall adopt a resolution approving or denying the application for a condominium density bonus permit. If the city council approves a condominium density bonus permit, the city council may approve a density bonus or incentives the same as or different from those requested by the applicant or recommended by the commission.
(G) If the city council approves a condominium density bonus permit, the resolution shall include the finds set out in subsection (D)(1) through (7) of this section and shall state any conditions on which the permit is approved.
(`64 Code, Sec. 36-7.15.11) (Ord. No. 2505, 2789)