(a) Density Bonus Plan Review. The density bonus plan, including any request for a density bonus or incentives, shall be processed, reviewed, and approved or denied as part of the discretionary application(s) required for the residential development. Prior to the decision-making body taking any action on a residential development involving a request for density bonus, the Community Development Director shall have determined that the density bonus application is complete and conforms to the provisions of this article.
(b) Findings for Denial of Incentives. The approval body shall approve the incentive(s) enumerated in Section 9-10.503(b) unless the decision-making body finds based on substantial evidence that the incentive would have a specific adverse impact on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower- and moderate-income households.
(c) Findings of Approval of Modifications or Waivers to Development Standards. The decision- making body shall approve modifications or waivers to development standards that would otherwise preclude development of the residential project at the allowable density, unless it makes one of the following findings in writing and supported by substantial evidence:
(1) The modification or waiver would have a specific adverse impact upon health, safety, or the physical environment.
(2) The modification or waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
(3) The applicant has not sufficiently demonstrated that strict application fo the development standard without the requested modification or waiver would preclude development at that allowable density.
(4) The incentive, concession, modification, or waiver results in identifiable, financially sufficient, and actual cost reductions to the project.
(5) The incentive, concession, modification or waiver is necessary to make the residential development economically feasible; and
(6) None of the incentives enumerated in Section 9-10.503(b) would provide a sufficient cost reduction to make the residential development economically feasible.
(d) The approval body may only deny a density bonus, or an additional incentive, that is based on the provision of child care facilities if it makes a written finding, based on substantial evidence, that the City already has adequate child care facilities.
(e) A request for a minor change to an approved density bonus plan may be processed as a minor modification to the project's entitlement and be granted if the modification is substantially in compliance with the original density bonus plan and other conditions of approval of the project's entitlement(s). More substantial proposed changes to the density bonus plan shall be processed as a major modification to the project's entitlement. The Community Development Director shall select the type of modification process in the Director's sole discretion.
(§ 1, Ord. 1506-NS, eff. October 9, 2008, as amended by § 7, Ord. 1540-NS, eff. July 23, 2010)