9-401.110 - PROCEDURES

(a)

Pre-Application. A developer requesting a density bonus or incentive(s) pursuant to this Chapter may submit pre-application, accompanied by the required fee, for feedback prior to the submittal of any formal requests for approval of a density bonus and incentive and other planning approvals, such as a General Plan amendment, tentative subdivision map, or development plan. The purpose of the pre-application is to determine whether the proposed housing development is in substantial compliance with applicable planning regulations and to establish the basis and procedures for granting the incentive(s) or concession(s). Approval of a pre-application does not constitute approval of the housing development but indicates that the housing development nominally complies with the County's zoning regulations and establishes the type of incentive(s) or concession(s) and agreement to ensure compliance with this Chapter to be recommended by staff.

(1)

Information Required. The following information is required to be submitted for a pre-application:

(A)

A concise written description of the project, including location, number and type of housing units, including affordable units and bonus units, and the permits and approval(s) required;

(B)

A site map showing the location and general layout of the proposed housing development and surrounding land uses and roadways; and

(C)

A written request for the specific incentive(s) or concession(s) sought accompanied by a rationale and accurate supporting information sufficient to demonstrate that any requested incentive is required in order to provide for affordable housing costs or for rents for the targeted units to be set as specified above. If applicable, the developer shall identify the proposed use of any housing subventions or programs for the housing development, such as California Housing Community Development programs or other sources of funding.

(2)

Staff Response. Within 90 days of receipt of a pre-application, the Zoning Administrator shall notify the developer in writing what the staff will recommend as to how the County will comply with this Chapter and shall indicate whether the housing development complies with this Chapter and with the applicable regulations.

(b)

Housing Density Bonus and Incentive Application. An application for a housing density bonus and, if requested, an incentive or concession must include:

(1)

Documentation for a Requested Density Bonus.

(A)

Evidence that the project includes the qualifying percentages of residential units set forth in this Chapter, excluding the units added by the granted density bonus;

(B)

Calculations showing the maximum base density;

(C)

Number or percentage of affordable units and the income level at which the units will be restricted to;

(D)

Number of market rate units that will result from the granted density bonus;

(E)

Resulting density, described in units per square foot; and

(F)

A written acknowledgement that the project will be subject to the affordability restrictions and other provisions set forth in this Chapter.

(2)

Documentation of Requested Incentives or Concessions.

(A)

A pro forma or other report demonstrating that the requested incentives and concessions result in identifiable, financially sufficient and actual cost reductions necessary to ensure the financial feasibility of

the proposed units shall be prepared. The City may require that an independent financial review be conducted at the expense of the applicant.

(B)

A description of any proposed waivers of development standards or other zoning requirements and why they are necessary for making the project physically possible.

(3)

Planned Developments. If the housing development is proposed as a Planned Development under Chapter 9-302, the density bonus and incentive(s) shall be reviewed concurrently with the rezoning application. If the housing development is not proposed as a Planned Development, a Conditional Use Permit shall be required for the density bonus and incentive(s) or concession(s).

(c)

Housing Density Bonus and Incentive Approval. The Planning Commission shall grant the concession or incentive requested unless the Commission finds, based upon substantial evidence, that:

(1)

The concession or incentive does not result in identifiable and actual cost reductions that provide for affordable housing costs or for rents for the targeted units to be set as specified above; or

(2)

The concession or incentive 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 on any real property that is listed in the California Register of Historic Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate-income households; or

(3)

The concession or incentive would be contrary to State or federal law.

(d)

Standards Must Not Preclude Development. In no case will the County apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of this Chapter at the densities or with the concessions or incentives permitted by this Chapter. An applicant may submit a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of this Chapter at the densities or with the concessions or incentives permitted, and the Planning Commission shall consider that request at the same time as it reviews the application. A proposal for the waiver or reduction of development standards pursuant to this Chapter shall not include a request to reduce nor increase the number of incentives or concessions to which the applicant is otherwise entitled.