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Ordinance No. 2286 <br />Page 8 of 13 <br />1. The proposed incentive does not result in identifiable and actual cost reductions to provide for <br />affordable housing costs, as defined in Health and Safety Code Section 50052.5; or for affordable <br />rents, as defined in Health and Safety Code Section 50053; or <br />2. The proposed incentive would be contrary to state or federal law; or <br />3. The proposed incentive would have a specific, adverse impact upon the public health or safety or <br />on any real property that is listed in the California Register of Historic Resources, and there is no <br />feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the <br />housing development unaffordable to low- and moderate-income households. For the purpose of <br />this subsection, “specific, adverse impact” means a significant, quantifiable, direct and unavoidable <br />impact, based on objective, identified, written public health or safety standards, policies, or <br />conditions as they existed on the date that the application for the housing development was deemed <br />complete as defined in Government Code Section 65589.5. <br />D. The decision-making body shall grant the waiver of development standards requested by the applicant <br />unless it makes a written finding, based upon substantial evidence, of any of the following: <br />1. The proposed waiver would be contrary to state or federal law; or <br />2. The proposed waiver would have an adverse impact on any real property listed in the California <br />Register of Historic Resources; or <br />3. The proposed waiver would have a specific, adverse impact upon the public health or safety, and <br />there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without <br />rendering the housing development unaffordable to low- and moderate-income households. For the <br />purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct and <br />unavoidable impact, based on objective, identified, written public health or safety standards, <br />policies, or conditions as they existed on the date that the application for the housing development <br />was deemed complete as defined in Government Code Section 65589.5. <br />E. If a child care center complies with the requirements of Government Code Section 65915(h), the decision- <br />making body may deny a density bonus or incentive that is based on the provision of child care facilities <br />only if it makes a written finding, based on substantial evidence, that the city already has adequate child <br />care facilities. <br />F. A request for minor modification of an approved density bonus may be granted by the Director of <br />Community Development, or their designee, if the modification substantially complies with the original <br />density bonus housing plan and conditions of approval. Other modifications to the density bonus housing <br />plan shall be processed in the same manner as the original plan. <br />17.38.050 Affordability requirements. <br />A. Affordable rental units provided by a housing development to meet state density bonus law requirements <br />shall be subject to an affordable housing agreement recorded against the housing development for at least a <br />55-year term or as required by chapter 17.44, commencing upon the issuance of certificates of occupancy. <br />The form of the affordable housing agreement shall be approved by the city attorney. <br />Page 32 of 658