(a) Judicial Relief. As provided by Government Code § 65915(d)(3), the applicant may initiate judicial proceedings if the County refuses to grant a requested density bonus, incentive, or concession.
(b) Waiver of Standards Preventing the Use of Bonuses, Incentives, or Concessions.
(1) As required by Government Code § 65915(e), the County will not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of § 83.03.020(a) (Resident Requirements), above, at the densities or with the concessions or incentives allowed by this Chapter.
(2) An applicant may submit to the County a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum parcel size, side setbacks, and placement of public works improvements.
(3) The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.
(4) A proposal of the waiver or reduction of development standards pursuant to this subsection shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to § 83.03.050 (Allowed Incentives or Concessions).
(c) County Exemption. Notwithstanding the provisions of subsections (a) and (b), above, nothing in this section shall be interpreted to require the County to:
(1) Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have a specific, adverse impact, as defined in Government Code § 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or
(2) Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)