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(a) The developer of a housing development that is eligible for an incentive may request any two of the incentives set forth in Sec. 9-10.503(b) under the density bonus program. Such incentives shall be in addition to any incentive that may be granted under the density bonus program.
(b) The City shall grant the requested incentives unless the decision-maker makes a written finding, based upon substantial evidence, of either of the following:
(1) The incentives would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to the targeted households.
(2) The incentives would be contrary to state or federal law.
(§ 1, Ord. 1568-NS, eff. March 9, 2012)