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O 596 ORDINANCE NO 596 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 16 82 TO TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE CITY'S DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVES IN ACCORDANCE WITH STATE DENSITY BONUS LAW THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 FINDINGS AND PURPOSE The City Counal finds and declares A In September 2004, the Governor signed SB 1818 which significantly changed the State's density bonus law B SB 1818 imposes new state housing mandates on California cities in the form o1 required density bonuses and incentroes for housing developers The law changes both the set-aside requirements for affordable units and the density bonus As additional affordable units are set aside, it gradually increases the density bonus to a maximum o1 35 percent This law also provides housing developers with additional incentwes or concessions as the percentage of affordable units is increased It also permits housing developers to request a waiver of development standards if necessary to make a development feasible Cities must grant the requested concessions unless certain findings are made SB 1818 also includes density bonus provisions for senior housing development and for housing developers that donate land to the pty for affordable housing This legislation also continued previous density bonus provisions tc encourage the inclusion of child care facilities in affordable housing developments C In September 2005, the Governor also signed into law SB 435 This law expanded the swpe of developments entitled to obtain density bonuses to include senior mobilehome parks, community apartment developments, and stock cooperatives and made additional, non-substantive clanfications to the law D SB 1818 and SB 435 regwre sties to adopt implementing ordinances Notwithstanding the sty's constitutional nght to control land use, this Ordinance incorporates the new density bonus provisions and establishes an implementation process addressing the incentives and concessions regwred by State law E In accordance with State law this Ordinance would modify the city's existing density bonus regulations to alter the number of units that developers must agree to set aside as affordable to qualify for a density bonus and the corresponding density bonus percentages, to permit density bonuses for common interest developments, senior atizen developments, qualifying mobilehome parks, and donations of land, to authonze ORDINANCE NO 596 PAGE 2 density bonuses for affordable housing developments that include a child care facility or site, and to provide regwred incentives, concessions, and development waivers F The City Council finds and declares that the public health, safety and genera welfare requires adoption of this Ordinance since these revisions are mandated by State law G The proposed Ordinance is consistent with the Arroyo Grande General Plan because it implements the General Plan Housing Element to assist in the fulfillment o1 Regional Housing Needs, Affordability and Special Housing Needs SECTION 2 ADDITION OF CHAPTER 18 82 Title 16, "Development Code," of the City of Arroyo Grande Muniapal Code is hereby amended to add a new Chapter 16 82 entitled "Density Bonuses," as follows Chapter 18 82 Density Bonuses 18 82 010 Purpose and Application 16 82 020 Definitions 18 82 030 Qualrficatrons for Density Bonus and Incentives and Concessions 18 82 040 Continued Affordability and Density Bonus Housing Standards 16 82 050 Incentives and Concessrons 18 82 060 Waiver/Modification of Development Standards 18 82 070 Specified Density Bonus Percentages 16 82 080 Land Donation 16 82 090 Child Care Facilities 16 82 100 Condominium Conversions 16 82 110 Parking Incentives 16 82 120 Application and Review Procedures 18 82 130 State Law Amendments 16 82 010 Purpose and Application The purpose of this Chapter is to establish procedures for implementing State density bonus regwrements, as set forth in California Government Code Section 65915, as amended, and to increase the production of affordable housing, consistent with the city s goals, objectives, and policies 16 82 020 Definitions The following definitions shall apply to this Chapter 'Affordable housing cost" bears the same meaning as defined in Section 50052 5 of the California Health and Safety Code "Affordable housing unit" means a dwelling urnt within a housing development which will be rented or sold to and reserved for very low income households, lower income ORDINANCE NO 596 PAGE 3 households, moderate income households and/or senior atizens at an affordable housing cost for the respective group(s) in accordance with Section 65915 of the Califorrna Government Code and this Chapter 'Affordable rent" means that level of rent defined in Section 50053 of the California Health and Safety Code "Applicant means a developer or applicant for a density bonus pursuant to Section 65915, subdivsion (b), of the California Govemment Code and Section 16 82 030 of this Chapter "Child care facility" means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care faalities, and school age child care centers Common interest development bears the same meaning as defined in Section 1351 of the Cahforrna Civil Code "Density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city Development standard" means site or construction conditions that apply to a housing development pursuant to any ordinance, general plan element, speafic plan, charter amendment, or other local condition, law, policy, resolution or regulation "Housing development," means one or more groups of protects for residential urnts in the planned development of the city "Housing development" also includes a subdivision or common interest development, as defined in Section 1351 of the California Ciwl Code, approved by the aty and consisting of residential urnts or urnmproved residential lots and either a project to substantially rehabilitate and convert an existing commercial budding to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivsion (d) of Section 65863 4, where the result of the rehabilitation would be a net increase in available residential urnts "Lower income households" bears the same meaning as defined in Section 50079 5 of the California Health and Safety Code "Maximum allowable residential density" means the density allowed under applicable zoning ordinances, or if a range of density is permitted means the maximum allowable density for the specific zoning range applicable to the subject project "Moderate Income" or persons and families of moderate income" means those middle- income families as defined in Section 50093 of the Califorrna Health and Safety Code "Qualified mobdehome park" means a mobdehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798 76 or 799 5 of the California Civil Code ORDINANCE NO 596 PAGE 4 "Redevelopment Agency" means the Arroyo Grande Redevelopment Agency, a public body, corporate and politic, organized and existing under the California Commurnty Redevelopment Law (Health & Safety Code Section 33000 et seq ) Senior citizen housing development means senior citizen housing as defined in Sections 51 3 and 51 12 of the California Civil Code Specific adverse impact means any adverse impact as defined in paragraph (2), subdivision (d), of California Government Code Section 65589 5, upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the speafic adverse impact without rendering the housing development unaffordable to low- and moderate-income households "Very low income households' bears the same meaning as defined in Section 50105 of the Health and Safety Code 16 82 030 Qualifications for Density Bonus and Incentives and Concessions A The pty shall grant one density bonus as specified in Section 16 82 070 and incentives or concessions as described in Section 16 82 050, when an applicant seeks and agrees to wnstruct a housing development excluding any units permitted by the density bonus awarded pursuant to this Chapter, that wdl contain at least any one of the following 1 Ten percent (10%) of the total units of the housing development as affordable housing units affordable to lower income households, or 2 Five percent (5%) of the total units of the housing development as affordable housing units affordable to very low income households, or 3 A senior atizen housing development, or 4 A qualified mobdehome park or 5 Ten percent (10%) of the total units of a common interest development as affordable housing units affordable to moderate income households, provided that all units in the development are offered to the public for purchase subtect to the restrictions specified in this Chapter B As used in paragraph A of this Section 16 82 030, the term "total units" does not include units permitted by a density bonus awarded pursuant to this section or any other local law granting a greater density bonus C Each applicant who requests a density bonus pursuant to this Chapter, shall elect whether the bonus shall be awarded on the basis of subparagraph 1, 2, 3, 4 or 5 of this Section 16 82 030, paragraph A Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low ORDINANCE NO 596 PAGE 5 affordable housing units, lower income affordable housing units or moderate income affordable housing units, or the developments status as a sernor citizen housing development or qualrfied mobilehome park Density bonuses from more than one category may not be combined 16 82 040 Continued Affordability And Density Bonus Housing Standards A Subfect to paragraph C of this Section, an applicant shall agree to, and the sty shall ensure, continued affordability of all low-and very low income units that qualified the applicant for the award of the density bonus for a penod of 30 years or a longer penod of time if regwred by the construction or mortgage finanang assistance program, mortgage insurance program, or rental subsidy program Rents for affordable housing units for lower income households shall be set at an affordable rent Owner-occupied affordable housing units shall be available at an affordable housing cost B An applicant shall agree to, and the city shall ensure, that the initial occupant of moderate-income units that are directly related to the receipt of the density bonus rn a common interest development, are persons and families of moderate income and that the units are offered at an affordable housing cost The local government shall enforce an equity-shanng agreement unless it is in conflict with the regwrements of another public funding source or law The following shall apply to the equity-shanng agreement 1 Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller's proportionate share of appreciation The sty shall recapture any irntial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes that promote homeownership as described in subdivision (e) of Section 33334 2 of the California Health and Safety Code that promote homeownership 2 For purposes of this subdivision, the city's irntial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the irntial sale pace to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance If upon resale the market value is lower than the initial market value then the value at the time of the resale shall be used as the irntial market value 3 For purposes of this subdivision, the sty's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale C Notwithstanding the foregoing, very low-, low-, and moderate-income urnts in housing developments qualified for a density bonus that are located in any redevelopment protect area within the City, shall remain at an affordable level for a period of not less than 45 years for owner-occupied urnts, and not less than 55 years for rental units in accordance with applicable provisions of the Califorrna Commurnty Redevelopment Law (Health 8 Safety Code Section 33000 et seq ) ORDINANCE NO 596 PAGE 6 D Any contract, deed restriction, or other instrument used to implement paragraphs A and/or B and/or C of this Section 16 82 040, shall be signed by the applicant and by the City as parties If the housmg development is located within any redevelopment project area within the City, such contract, deed restriction, or other instrument shall be signed by the Redevelopment Agency as a party or, at the Redevelopment Agency's election, the contract, deed restriction, or other instrument shall identify the Redevelopment Agency as an express third-party benefiaary with the right to enforce the terms of such contract, deed restriction, or other instrument E All affordable urnts shall be reasonably dispersed throughout the housing development, shall be proportional, m size, bedroom number and location to the market rate units, and shall be comparable with the market-rate urnts m terms of the base design, architectural appearance, budding materials and firnshed quality All affordable urnts m a housmg development shall be constructed concurrently with or prior to the construction of the market-rate units In the event the sty approves a phased project, the affordable units required by this Chapter shall be provided within each phase of the residential development unless otherwise approved by the Director of Commurnty Development F Applicants receiving density bonuses shall use best efforts to provide a substantial proportion of any affordable housmg urnts in the housmg development to citizens residing or employed within the sty 16 82 050 Incentives and Concessions A An applicant for a density bonus may also submit to the city a proposal for specific incentives or concessions in exchange for the provision of affordable housmg units m accordance with this Chapter The applicant may also request a meeting with the sty's Director of Commurnty Development to discuss such proposal The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either of the following 1 The concession or incentive is not regwred in order to provide for affordable housmg costs or for rents for the targeted urnts to be set as specified m Section 16 82 040 (i a ,the applicant is unable to demonstrate that the waiver or modification is necessary to make the housmg units economically feasible), or 2 The concession or incentive would have a specific adverse impact B If the conditions of Section 16 82 030 and paragraph A of this Section 16 82 050 are met by an applicant, the sty may grant an applicant applying for incentives or concessions the following number of incentives or concessions 1 One incentive or concession for housmg developments that include At least ten percent (10%) of the total units affordable to lower income households, or at least five percent (5%) of the total urnts affordable to very low income households or at least ten percent (10%) of the total ORDINANCE NO 596 PAGE 7 urnts affordable to persons and families of moderate income in a common interest development 2 Two incentroes or concessions for housing developments that include At least twenty percent (20%) of the total units affordable to lower income households or at least ten percent (10%) of the total urnts affordable to very low income households, or at least twenty percerit (20%) of the total units affordable to persons and families of moderate income in a common interest development 3 Three incentives or concessions for housing developments that include At least thirty percent (30%) of the total units for lower income households, or at least fifteen percent (15%) for very low income households, or at least thirty percent (30%) for persons and families of moderate income in a common interest development C For the purposes of this Chapter, available concessions or incentroes may include any of the following 1 A reduction in site development standards or a modrfication of zoning code regwrements or architectural design regwrements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2 5 (commencing with Section 18901) of Droision 13 of the Califorrna Health and Safety Code, including, but not limited to, a reduction in setback and square footage regwrements and in the ratio of vehicular parking spaces that would otherwise be regwred that results in identifiable, financally suffiaent, and actual cost reductions 2 Approval of mixed use zoning in conjunction with the housing development if commeraal, office, industrial, or other land uses will reduce the cost of the housing development and if the commeraal, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing development will be located 3 Other regulatory incentroes or concessions proposed by the applicant or the city that result in identifiable, financially suffiaent and actual cost reductions 4 For purposes of this Chapter, the parking ratios set forth in Government Code section 65915 (and Section 16 82 110 of this Chapter) for qualified affordable housing projects shall be deemed a concession or incentive available to the applicant D This Section 16 82 050 does not limit or regwre the provision of direct financial incentroes for the housing development, including the provision of publicly-owned land, by the aty or the waiver of fees or dedication regwrements Nor does any provision of ORDINANCE NO 596 PAGE 8 this section require the city to grant an incentve or concession found to have a specific adverse impact E The granting of a concession or incentive shall not be interpreted, in and of itself to regwre a general plan amendment, local coastal plan amendment zornng change, of other discretionary approval F Applicants seeking a condommwm conversion may apply for either a density bonus or an incentive of egwvalent financial value (as that term is defined m Government Code section 65915 5) m accordance with Section 16 82 100 of this Chapter and Government Code section 65915 5 G The application and review process for a proposal of incentives and concessions is set forth in Section 16 82 120 16 82 080 Waiver/Modification of Development Standards A Applicants may, by application seek a waiver, modification or reduction of development standards that wdl otherwise preclude or inhibit the utilization of the density bonus on speafic sites in a housing development at the densities or with the concessions or incentives permitted by this Chapter The applicant may also request a meeting with the aty to discuss such request for waiver/modification In order to obtain a waiver/modification of development standards, the applicant shall show that (i) the waroer or modification is necessary to make the housing urnts economically feasible, and (u) that the development standards wdl have the effect of precluding the construction of a housing development meeting the cntena of Section 16 82 030, paragraph A, at the densities or with the concessions or incentives permitted by this Chapter B Nothing in this Section 16 82 060 shall be interpreted to require the city to waive, modify or reduce development standards if the wavier, modification or reduction would have a speafic adverse impact C The application and review process for awaiver/modfcation of development standards is set forth in Section 16 82 120 16 82 070 Specified Density Bonus Percentages A Only housing developments consisting of five (5) or more dwelling units are eligible for the density bonus percentages provided by this Section 16 82 070 The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Section 16 82 030, paragraph A B For housing developments meeting the cntena of subparagraph (1) of paragraph (A) of Section 16 82 030, the density bonus shall be calculated as follows UKDINANGE NO 596 PAGE 9 Percenta eLow-Income Umts Percenta a Dens~t Bonus 10 20 11 21 5 12 23 13 24 5 14 26 15 27 5 17 30 5 18 32 19 33 5 20 35 maximum C For housing developments meeting the cntena of subparagraph (2) of paragraph (A) of Section 16 82 030, the dense bonus shall be calculated as follows Percentage Very Low Income Percentage Density Bonus Units 5 20 6 22 5 7 25 8 27 5 9 30 10 32 5 11 35 maximum D For housing developments meeting the criteria of subparagraphs (3) and (4) of paragraph (A) of Section 16 82 030, the density bonus shall be twenty percent (20%) E For housing developments meeting the cntena of subparagraph (5) of paragraph (A) of Section 16 82 030, the density bonus shall be calculated as follows ORDINANCE NO 596 PAGE 10 Percentage Moderate Income Percentage Density Bonus Unrts 10 5 11 6 12 7 13 8 14 9 15 10 16 11 17 12 18 13 19 14 2p 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 ORDINANCE NO 596 PAGE 11 33 28 34 29 35 30 36 31 37 32 38 33 39 34 40 35 maximum F An applicant may elect to accept a lesser percentage of density bonus than that to which the applicant is entitled under this Chapter All density bonus calculations resulting in a fractional number shall be rounded upwards to the next whole number The granting of a density bonus shall not be interpreted, m and of itself, to require a general plan amendment zoning change, or other discretionary approval G For the purpose of calculating a density bonus, the residential urnts do not have to be based upon individual subdiwsion maps or parcels The density bonus shall be permitted in geographic areas of the housing development other than the areas where the urnts for the lower income households are located H The application and rewew process for a density bonus as provided by this section is set forth in Section 16 82 120 16 82 080 Land Donation A When an applicant for a tentative map, subdivision map, parcel map, or other residential development approval donates land to the city as provided for m this Section 16 82 080 the applicant shall be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density under the applicable,zoning ordinance and land use element of the general plan for the entire housing development, as follows Percentage Very Low Income Percentage Density Bonus Units (Based upon maximum density allowed on donated land 10 15 ORDINANCE NO 596 PAGE 12 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 maximum This increase shall be in addition to any increase m density mandated by Section 16 82 030, up to a maximum combined mandated density increase of thirty-five percent (35%) if an applicant seeks both the increase regwred pursuant to this section and Section 16 82 030 All density calculations resulting in fractional units shall be rounded up to the next whole number Nothing in this section shall be construed to enlarge of diminish the sty's authority to regwre an applicant to donate land as a condition o1 development ORD{NANCE NO 596 PAGE 13 B An applicant shall be eligible for the increased density bonus described in this section if the city is able to make all the following conditions and findings 1 The applicant donates and transfers the land no later than the date of approval of the final subdwision map, parcel map, or date of approval of the residential development application 2 The developable acreage and zoning classification of the land being transferred are sufficent to permit construction of units affordable to very low income households in an amount not less than ten percent (10%) of the number of residential units of the proposed development 3 The transferred land is at least one acre in size or of sufficient size to permd development of at least forty (40) urnts, has the appropriate general plan designation is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure The land shall have appropriate zomng~'and development standards to make the development of the affordable unds feasible No later than the date of approval of the final subdivision map, parcel map, or date of approval of the development application for the housing development, the transferred land shall have all of the permits and approvals, other than bwlding permits, necessary for the development of very tow income housing urnts on the transferred land, except that the aty may subject the proposed development to subsequent design rewew to the extent authorized by subdivision (Q of Government Code Section 65583 2 rf the design is not reviewed by the local government prior to the time of transfer 4 The transferred land and the very low income urnts constructed on the land will be subject to a deed restrcton ensuring continued affordability of the units consistent with this Chapter, which restriction will be recorded on the property at the time of dedication 5 The land is transferred to the city or to a housing developer approved by the city The city may regwre the applicant to identify and transfer the land to such cdy-approved developer, including but not hmded to the Redevelopment Agency 6 The transferred land shall be within the boundary of the proposed development or, if the pty agrees in writing, within one-quarter mile of the boundary of the proposed development C The application and rewew process for a donation of land and related density bonus is set forth in Section 16 82 120 ORDINANCE NO 596 PAGE 14 16 82 090 Child Care Faalities A When an applicant proposes to construct a housing development that includes affordable urnts as specified in Section 16 82 030 and includes a child care facility that will be located on the premises of, as part of or adjacent to such housing development the city shall grant either of the following if requested by the applicant 1 An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility 2 An additional concession or incentive that contributes sigrnficantly to the economic feasibility of the construction of the child care faality B A housing development shall be eligible for the density bonus or concession described in this section if the city, as a condition of approving the housing development, requires all of the following to occur 1 The child care faality will remain in operation for a period of time that is as long as or longer than the period of time during which the affordable housing urnts are required to remain affordable pursuant to Section 16 82 040 2 Of the children who attend the child care facility, the percentage of children of very low income households lower income households, or moderate income households shall be equal to or greater than the percentage of affordable housing units that are proposed to be affordable to very low income households, lower income households, or moderate income households 3 Notwithstanding any regwrement of this Section 16 82 090, the city shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence that the community already has adequate child care facilities C The application and review process for the provision of child care facilities and related density bonus or concessions or incentives is set forth in Section 16 82 120 16 82 100 Condominium Conversions Any applicant seeking to convert apartments into condominwms may receroe a density bonus or incentives of egwvalent financial value (as that term is defined in Government Code section 65915 5) upon an application made in contunction with its map application pursuant to the Subdmsion Map Act, this code and consistent with Government Code section 65915 5 Any appeal of any density bonus or incentive of egwvalent financial value or review by the Planning Commission to the City Council shall automatically require an appeal of the underlying map to that body An applicant shall be ineligible for a density bonus or other incentives under this Section 16 82 100 if the apartments ORDINANCE NO 596 PAGE 15 proposed for conversion constitute a housing development for which a density bonus or other incentives or concessions were provided under Government Code section 65915 Nothing in this section shall be construed to regwre the city to approve a proposal to convert apartments to condominwms 16 82110 Parking Incentives A Housing developments meeting any of the criteria of Section 16 82 030 paragraph A, shall be granted the following maximum parking ratios, inclusive of handicapped and guest parking, which shall apply to the entire development, not dust the restricted affordable units, when requested in writing by an applicant 1 Zero to one bedroom dwelling unit one onsite parking space, 2 Two to three bedrooms dwelling urnt two onsite parking spaces, 3 Four or more bedrooms two and one-half parking spaces B If the total number of spaces regwred results in a fractional number, it shall be rounded up to the next whole number For purposes of this subdivision, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through on-street parking 16 82120 Application and Review Procedures A A written application for a density bonus, incentive, concession, waiver, or modification pursuant to this Chapter shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications regwred for the housing development The application shall be submitted on a form prescribed by the aty and shall include at least the following information 1 Site plan showing total number of units, number and location of affordable housing units, and number and location of proposed density bonus units 2 Level of affordability of affordable housing units and proposals for ensuring affordability 3 Description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards The application shall include evidence that the requested incentives and concessions are regwred for the provision of affordable housing costs and/or affordable rents, as well as evidence relating to any other factual findings regwred under Section 16 82 050 4 If a density bonus or concession is requested in connection with 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 Section 16 82 080 can be made ORDINANCE NO 596 PAGE 16 5 If a density bonus or concession/incentive is requested for a childcare faality the application shall show the location and square footage of the child care faalities and provide evidence that each of the findings included Section 16 82 090 can be made B An application for a density bonus, incentive or concession pursuant to this Chapter shall be considered by and acted upon by the approval body with authority to approve the housing development and subject to the same administrative appeal procedure, if any In accordance with state law, neither the granting of a concession, incentive, waver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to regwre a general plan amendment, zoning change, variance, or other discretionary approval C For housing developments requesting a waiver, modification or reduction of a development standard, an application pursuant to this subdroision shall be heard by the aty planning commission A public hearing shall be held by the planning commission and the commission shall issue a determination Pursuant to Government Code Section 65915, the planning commission shall approve the requested waiver/modification or reduction of development standards unless one of the following conditions applies 1 The waiver/modification is not regwred to make the proposed affordable housing urnts feasible, or 2 The waiver/modification will have a specific adverse impact The deasion of the aty planning commission may be appealed to the city council within fourteen consecutive calendar days of the date the decision is made in the manner provided in Arroyo Grande Mumapal Code D Notice of any city determination pursuant to this section shall be provided to the same extent as required for the underlying development approval 16 82 130 State Law Amendments This Chapter implements the laws for density bonuses and other incentive and concessions available to qualified applicants under Government Code Sections 65915- 65918 In the event these Government Code sections are amended, those amended provisions shall be incorporated into this Chapter as if fully set forth herein Should any inconsistenaes exist between the amended State law and the provisions set forth in this Chapter, the amended State law shall prevail SECTION 3 Any provision of the Arroyo Grande Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance ORDINANCE NO 596 PAGE 17 SECTION 4 If any section subsection sentence clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction such decision shall not affect the validity of the remaining portions of this Ordinance The City Council hereby declares that it would have passed this Ordinance and each and every section subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional SECTION 5 A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days pnor to the City Council meeting at which the proposed Ordinance is to be adopted A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/City Clerk Within fifteen (15) days after adoption of the Ordinance the summary with the names of those City Council Members voting for and against the Ordinance shall be published again and the Director of Administrative Services/City Clerk shall post a certified copy of the full text of such adopted Ordinance SECTION 6 This Ordinance shall become effective thirty (30) days after the date of its adoption On motion of Council Member Fellows seconded by Mayor Pro Tem Arnold and on the following roll call vote to-wit AYES Council Members Fellows Arnold, Guthne, Costello and Mayor Ferrara NOES None ABSENT None the foregoing Ordinance was adopted this 11`h day of December 2007 ORDINANCE NO 5910 PAGE 18 TONY FER MAYOR ATTEST (,~.~2,~cco~.~ KELLY WET OR ,CITY CLERK APPROVED AS TO CONTENT i ST V N ADAMS, CITY MANAGER APPROVED AS TO FORM ~-2~ / ~ TI OTC L, C ATTORNEY OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Lws Obispo, State of California, do hereby certify under penalty of pequry, that the attached is a true, full, and correct copy of Ordinance No 596 which was introduced at a regular meeting of the City Council on November 27, 2007, was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 11 day of December 2007, and was duly published in accordance with State law (G C 40806) WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13"' day of December 2007 KELLY ET bRE, CITY CLERK I