18.26.050 Application and Review.
A. An application for a state density bonus, incentive, or concession shall be submitted with the first application for approval of a housing development and shall be processed concurrently with all other applications required for the housing development. The application shall be submitted on a form prescribed by the City and shall include, at a minimum, the following information:
1. A site plan showing the total number and location of all proposed housing units and the number and location of proposed housing units which qualify the housing development for density bonus housing units.
2. The manner in which the applicant shall satisfy the affordability requirements for the housing units which qualify the housing development for density bonus units including:
a. Evidence that the project meets thresholds set by State Density Bonus Law, excluding the units added by the granted density bonus;
b. Evidence showing the number of affordable housing units on the property in the five (5) years preceding the date of the application;
c. Calculations showing the maximum base density;
d. Number or percentage of affordable units and the income level at which the units will be restricted;
e. Number of market rate units to result from the granted density bonus;
f. Resulting density, described in units per square foot; and
g. A written acknowledgement that the project will be subject to a condition of approval and deed restriction to retain affordability of the affordable unit(s) for at least fifty-five (55) years.
3. A description of any requested incentives or concessions, waivers or modifications of development standards, or modified parking standards, including:
a. A description of how the requested incentives or concessions would reduce project costs.
b. A description of how any development standards requested to be waived or modified would physically preclude the construction of the proposed housing.
4. For all incentives or concessions, except mixed use development, the application shall include information deemed sufficient by the City that the requested incentives or concessions result in identifiable, financially sufficient, and actual cost reductions.
a. For waivers or modifications of development standards, the application shall include evidence deemed sufficient by the City that the development standard from which a waiver or modification is requested will have the effect of precluding the construction of the housing development at the densities to which the applicant is entitled pursuant to this chapter and with the concessions and incentives permitted by this chapter.
b. Information required by this subsection may include a financial analysis or other report demonstrating that the requested incentives or concessions result in identifiable, financially sufficient and actual cost reductions necessary to ensure the financial feasibility of the proposed units.
c. The information required by subsection (A)(4)(b) of this section shall be provided directly to an independent analyst hired by the City. The analyst shall prepare a written report for the City that evaluates whether the requested incentives or concessions would result in identifiable, financially sufficient and actual cost reductions necessary to ensure the financial feasibility of the proposed units. The applicant shall be responsible for all consulting costs for document preparation and review.
5. If a density bonus 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 conditions pursuant to Government Code Section 65915(g)(2)(A) through (H) are met.
6. If a density bonus or incentive or concession is requested for a child care facility pursuant to Government Code Section 65915(h), the application shall show the location and square footage of the child care facility and provide evidence that the community lacks adequate child care facilities.
B. Review and Consideration. An application for a density bonus, incentive or concession, waiver or modification of a development standard, or revised parking standard, shall be considered and acted upon by the City body with review authority for the housing development. Complete applications for a residential development project, which include all required submittal documents and which include the construction of affordable units, shall be processed by all City departments before other residential land use applications regardless of the original submittal date. Complete applications which include all required submittal documents and which include affordable rental units shall be processed before applications including owner-occupied units.
C. Approval. Before approving an application for a density bonus, incentive or concession, or waiver or modification of a development standard, the approval body shall make the following findings:
1. If the density bonus is based all or in part on a donation of land, the conditions of Government Code Section 65915(g)(2)(A) through (H) are met.
2. If the density bonus, incentive or concession is based all or in part on the inclusion of a child care facility, that the conditions included in Government Code Section 65915(h)(2)(A) and (B) are met.
3. If the incentive or concession includes mixed use development, the findings included in Government Code Section 65915(k)(2) are met.
4. If a waiver or modification of a development standard is requested, the developer has demonstrated, for each requested waiver or modification, that the waiver or modification is necessary to make the housing units economically feasible and that the development standards from which a waiver or modification is requested will have the effect of precluding the construction of a housing development at the densities to which the applicant is entitled pursuant to this chapter or with the concessions and incentives permitted by this chapter.
5. If affordable housing existed on the site in the five (5) years preceding the application, that the application meets all of the requirements of Government Code Section 65915(c)(3).
D. 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 housing costs as required by this chapter.
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 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 lower-, very low- or moderate-income households. For purposes 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.
3. The concession or incentive would be contrary to state or federal law.
E. The approval body may deny a waiver or modification of a development standard 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 housing development unaffordable to lower-, very low- or moderate-income households. For purposes 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 listed in the California Register of Historical Resources.
3. The concession or incentive would be contrary to state or federal law.
F. If a density bonus or concession or incentive is based on the provision of child care facilities, the approval body may deny the density bonus or concession or incentive if it finds, based on substantial evidence, that the City already has adequate child care facilities.
G. For projects which meet or exceed the inclusionary requirements as specified in Larkspur Municipal Code Section 18.25.040(A), the City Council may consider, on a case-by-case basis, at its sole discretion, the provision of the following additional concessions or incentives, where consistent with the Housing Element of the City of Larkspur General Plan:
1. Waiver or modification of City standards thereby directly reducing project costs while remaining consistent with the latest edition of the California Building Code. The developer shall be responsible for documenting that the waiver or modification is necessary for the feasibility of the residential development project and is consistent with all applicable provisions of the California Building Code.
2. Provision of direct financial assistance in the form of a loan or grant using trust fund or other appropriate available funds subject to the recommendation of the City Manager.
3. Deferral of payment of all City-required fees on market rate units, but payment shall be made prior to, and as a condition of, release of utilities and issuance of a certificate of occupancy.
The concessions and incentives described in this section are in addition to any incentives or concessions to which a project may be entitled pursuant to this chapter, the State Density Bonus Law, or other provision of law. (Ord. 1030 § 2(12), 2018; Ord. 999 § 2, 2015)