Oakdale City Zoning Code
§ 36-18.20.9
Application Requirements and Review.
[Ord. No. 1132, § 2, Exh. A.]
A.
An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be submitted with the first application for approval of a housing development and processed concurrently with all applications required for the housing development. The application shall be submitted on a form prescribed by the City and shall include at least the following information:
1.
Site plan showing total number of units, number and location of target units, and number and location of proposed density bonus units.
2.
Level of affordability of target units and proposals for ensuring affordability.
3.
Description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. For all incentives and concessions except mixed use development, the application shall include evidence that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. For waivers or modifications of development standards, the application shall show that the waiver or modification is necessary to make the housing units economically feasible and that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of § 36-18.20.3A at the densities or with the concessions or incentives permitted by this section.
4.
If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in § 36-18.20.4B can be made.
5.
If a density bonus or concession is requested for a child care facility, the application shall show the location and square footage of the child care facilities and provide evidence that each of the findings included in § 36-18.205.B can be made.
B.
An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be considered by and acted upon by the approval body with authority to approve the housing development. Any decision regarding a density bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed to the Planning Commission and from the Planning Commission to the City Council. In accordance with State law, neither the granting of a concession, incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval.
C.
Before approving an application for a density bonus, incentive, concession, waiver, or modification, the approval body shall make the following findings:
1.
If the density bonus is based all or in part on donation of land, the findings included in § 36-18.20.4B.
2.
If the density bonus, incentive, or concession is based all or in part on the inclusion of a child care facility, the findings included in § 36-18.20.5B.
3.
If the incentive or concession includes mixed use development, the finding included in § 36-18.20.8.
4.
If a waiver or modification is requested, the developer has shown that the waiver or modification is necessary to make the housing units economically feasible.
D.
If a request for a concession or incentive is otherwise consistent with this section, the approval body may deny a concession or incentive if it makes a written finding, based upon substantial evidence, of either of the following:
1.
The concession or incentive is not required to provide for affordable rents or affordable ownership costs.
2.
The concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and 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. 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 was deemed complete.
E.
If a request for a waiver or modification is otherwise consistent with this section, the approval body may deny a concession or incentive only if it makes a written finding, based upon substantial evidence, of either of the following:
1.
The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment, and 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. 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 was deemed complete.
2.
The waiver or modification would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
F.
If a density bonus or concession is based on the provision of child care facilities, the approval body may deny the bonus or concession if it finds, based on substantial evidence, that the City already has adequate child care facilities.