(A) Judicial relief. As provided by Cal. Gov’t Code § 65915(d)(3), the applicant may initiate judicial proceedings if the city 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 Cal. Gov’t Code § 65915(e), the city shall not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of § 10.148.020(A) (Resident requirements), above, at the densities or with the concessions or incentives allowed by this chapter.
(2) An applicant may submit to the city 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.
(C) City exemption. Notwithstanding the provisions of divisions (A) and (B), above, nothing in this section shall be interpreted to require the city 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 Cal. Gov’t 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. 16-05, passed 5-3-2016)