A. Permit Required: Requests for affordable units shall require approval of a planned residential development permit in compliance with chapter 18.144 of this title.
B. Initial Review Of Bonus Request: The city shall notify the developer within ninety (90) days of the filing of the development plan permit application whether the development project qualifies for the additional density.
C. Criteria To Be Considered: Criteria to be considered in analyzing a requested density bonus shall include whether the applicant has agreed to construct a development that meets the requirements of section 18.228.020 of this chapter. Criteria to be considered in analyzing a requested incentive shall include whether an incentive or concession has a specific adverse impact upon health, safety or the physical environment, and whether there is no feasible method to eliminate or mitigate such specific adverse impact.
D. Findings For Approval: The approval of a density bonus shall require the following findings to be made in a positive manner:
1. The development project would not be a hazard or nuisance to the city at large or establish a use or development inconsistent with the goals and policies of the city's general plan;
2. The number of dwellings can be accommodated by existing and planned infrastructure capacities;
3. Adequate evidence exists to ensure that the development of the property would result in the provision of affordable housing in a manner consistent with the purpose and intent of this chapter;
4. In the event that the city does not grant at least one financial concession or incentive as defined in state law 1 in addition to the density bonus, that additional concessions or incentives are not necessary to ensure affordable housing costs; and
5. There are sufficient provisions to guarantee that the lower and very low income units would remain affordable in the future.
E. Development Standards: In no case may the city apply any development standard that would have the effect of precluding the construction of a development meeting the criteria of subsection 18.228.020B of this chapter at the densities or with the incentives or concessions permitted by this chapter. An applicant may submit to the city a proposal for the waiver or reduction of development standards. The applicant must show that the waiver or modification is necessary to make the affordable housing units economically feasible. (Ord. 2762, 2012)
Notes
| 1 | 1. Gov.C. § 65915. |