20.190.080

A. General. Any Density Bonus, incentive, waiver, or modification sought by an Applicant shall be made pursuant to this Chapter. B. Timing of Application. 1. An application for a Density Bonus, incentive, waiver or modification of Development Standard shall be submitted to the Approval Authority and processed by the Approval Authority concurrently with the following requests for Discretionary Approval or Ministerial Approval: a. The first application for a Development Permit for a Housing Development; b. An application for subdivision map approval for a Housing Development; or c. An application for Ministerial Approval pursuant to Section 20.195.040. 2. In the event that a resubmittal of a development permit application or ministerial approval is required based on feedback from the initial submittal, an applicant may submit a new or revised application for Density Bonus, incentive, waiver or modification which addresses noncompliance which was identified during the initial review period. 3. No application or Density Bonus, incentive, waiver, or modification of Development Standard shall be deemed received until the following have been provided: a. All fees for the application as set forth in the schedule of fees established by resolution of the City Council have been paid. No fee shall be deemed received until any negotiable instrument has been cleared and funds deposited on the City's account. b. All documents specified in this Chapter or on the application form have been filed. C. Application process and information to be submitted. 1. The application shall be on a form prescribed by the Director and shall include the following information: a. A brief description of the proposed Housing Development, including the total number of dwelling units, Restricted Affordable Units, and Density Bonus Units proposed. b. The current zoning district(s) and general plan land use designation(s) and assessor's parcel number(s) of the project Site, and a description of any Density Bonus, Incentive, or waiver/modification requested. c. A vicinity map and preliminary Site plan, drawn to scale, including building footprints, driveway, and parking layout. d. A Site plan showing location of Non-Restricted Units, Restricted Affordable Units, and Density Bonus Units within the proposed Housing Development. e. Level of affordability of the Restricted Affordable Units and proposed method to ensure affordability. f. If the modification or waiver of a Development Standard is requested, an explanation of how the Development Standard would have the effect of physically precluding the construction of a Housing Development at the densities or with the incentives permitted by this Chapter. Additionally, the applicant must provide a reference or citation for the source of each development standard which they are requesting to modify. g. If an incentive is requested, a brief explanation as to the actual cost reduction achieved through the incentive and how the cost reduction would result in identifiable and actual cost reductions to provide for Affordable Housing Costs or Affordable Rents for the Restricted Affordable Units. For incentives, the Application must include: (1) Reasonable documentation that each requested Incentive will result in identifiable and actual reductions to provide the Restricted Affordable Units. Such evidence may include the submittal of the project pro forma to the Approving Authority, providing evidence that the requested Incentives would result in identifiable, financially sufficient, and actual cost reductions. (2) The cost documentation shall include all the following items: a) The actual cost reduction achieved through the Incentive; b) Evidence that the cost reduction will result in identifiable and actual reductions to provide the Restricted Affordable Units; and c) Such other information as may be requested by the Director of the Planning, Building and Code Enforcement Department or the Director of the Housing Department, or their designee(s), which additional financial information may include, but is not limited to, information regarding capital costs, equity investment, debt service, projected revenues, operating expenses, and such other information as either Director deems necessary to allow the Approving Authority to evaluate the financial information submitted by the Applicant. d) If the application is for approval of Mixed Use where Mixed Use would not otherwise be allowable, evidence that the proposed non-residential use will reduce the cost of the Housing Development, and that the non-residential use is compatible with the proposed Housing Development and other existing or planned development in the area where the proposed Housing Development will be located. 2. If an incentive, waiver or modification of Development Standard is requested, submittal of information sufficient to allow the Approving Authority to assess whether any requested incentive, waiver or modification of Development Standard will have a specific adverse impact 3. If an incentive, waiver or modification of Development Standard is requested, submittal of environmental information sufficient to allow the Approving Authority to assess whether any requested incentive, waiver or modification of Development Standard would have a specific adverse impact upon the public health or safety, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, and to analyze whether there are feasible potential methods to satisfactorily mitigate or avoid the specific adverse impact without rendering the Housing Development unaffordable to Low- and Moderate-Income households. Submittal of such environmental information as is required for a project subject to the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et seq., and the CEQA Guidelines shall be submitted in satisfaction of this requirement, even if the Housing Development would otherwise be exempt from CEQA. 4. If a waiver or modification of a Development Standard is requested, submittal of evidence that the Development Standard for which the waiver is requested will have the effect of physically precluding the construction of the Housing Development with the Density Bonus and Incentives requested 5. If a Density Bonus or incentive is requested for a land donation, the application shall identify the location of the land to be dedicated and shall include proof of Site control and evidence that all of the conditions for a land transfer Density Bonus that are specified in the State Housing Density Bonuses and Incentives Law will be met. 6. If a Density Bonus or incentive is requested for a Child Care Facility, the application shall identify the location and square footage of the Child Care Facility and include evidence that all of the conditions for a Child Care Facility Density Bonus or incentive that are specified in the State Housing Density Bonuses and Incentives Law will be met. 7. If a Density Bonus or incentive is requested for a condominium conversion, the Applicant shall provide evidence that all of the conditions for a condominium conversion Density Bonus that are specified in the State Housing Density Bonuses and Incentives Law will be met. (Ord. 31298 .)