§ 18.107.180. State incentives for affordable housing—Review procedures.

All requests for density bonuses, incentives, parking reductions, and/or waivers permitted by Section 18.107.150 or Section 18.107.160 shall be considered and acted upon by the approval body with authority to approve the residential project, with right of appeal to the board of supervisors, if applicable.

A.

Before approving an application that includes a request for a density bonus, incentive, parking reduction and/or waiver pursuant to Section 18.107.150 or Section 18.107.160, the decision-making body shall make the following findings, as applicable:

1.

A finding that the residential project is eligible for the density bonus and any incentives, parking reductions or waivers requested.

2.

A finding that any requested incentive will result in identifiable, financially sufficient, and actual cost reductions based upon the financial analysis and documentation provided.

3.

If the density bonus is based all or in part on donation of land, a finding that all the requirements included in Government Code Section 65915(g) have been met.

4.

If the density bonus or incentive is based all or in part on the inclusion of a child care facility, a finding that all the requirements included in Government Code Section 65915(h) have been met.

5.

If the incentive includes mixed-use development, a finding that all the requirements included in Government Code Section 65915(k)(2) have been met.

6.

If a waiver is requested, a finding that the development standards for which the waiver is requested would have the effect of physically precluding the construction of the residential project with the density bonus and incentives permitted.

B.

If the findings required by subsection (A) of this section can be made, the decision-making body may deny an application for an incentive requested pursuant to Section 18.107.160 only if it makes one of the following written findings, supported by substantial evidence:

1.

That the incentive is not required to provide for affordable rents or affordable sales prices; or

2.

That the incentive would have a specific, adverse impact upon public health or safety or the physical environment or on real property listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the residential project unaffordable to low and moderate income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the residential project was deemed complete; or

3.

That the incentive is contrary to state or federal law.

C.

If the findings required by subsection (A) of this section can be made, the decision-making body may deny a request for a waiver only if it makes one of the following written findings, supported by substantial evidence:

1.

That the waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the residential project unaffordable to low and moderate income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the residential project was deemed complete; or

2.

That the waiver would have an adverse impact on real property listed in the California Register of Historic Resources; or

3.

That the waiver is contrary to state or federal law.

D.

If the findings required by subsection (A) of this section can be made, the decision-making body may deny an application for a density bonus or incentive that is based on the provision of child care only if it makes a written finding, based on substantial evidence, that the county already has adequate child care facilities.

E.

If any density bonus, incentive, parking reduction, or waiver is approved pursuant to Section 18.107.150 or Section 18.107.160 for a residential project, the applicant shall enter into an affordable housing agreement with the county, in a form acceptable to the planning director and county counsel. The affordable housing agreement shall be a legally binding agreement between the applicant and the county to ensure that the requirements of this chapter are satisfied and may be combined with the affordable housing agreement required in Section 18.107.130. The executed affordable housing agreement shall be recorded against the residential project prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the residential project. The affordable housing agreement shall be binding on all future owners and successors in interest.

F.

Unless otherwise permitted pursuant to the terms of a recorded affordable housing agreement, all required target units shall be constructed prior to or concurrently with the construction of market rate units. No temporary or permanent certificate of occupancy for any new market rate unit in a residential project shall be issued until permanent certificates of occupancy have been issued for the required target units. Release of utilities shall not be authorized for any residential project until notification is received from the planning director that all requirements of this chapter have been met.

(Ord. No. 1334, § 3, 1-19-2010)