§ 8116-3.4. Criteria for denial of application for incentives.

Except as otherwise provided in this Article or by state law, if the requirements of Section 8116-3.1 are met, the County shall grant the incentive(s) that are authorized by Sections 8116-3.2 and 8116-3.3 unless a written finding, based upon substantial evidence, is made with respect to any of the following, in which case the County may refuse to grant the incentive(s):

(a)

The incentive is not required in order to provide affordable housing costs or affordable rents for the affordable units subject to the qualified housing development application. (Government Code Section 65915(d)(1)(A).)

(b)

The incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), 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 specific adverse impact without rendering the development unaffordable to low- and moderate-income households. (Government Code Section 65915(d)(1)(B); Government Code Section 65915 (d)(3).)

(c)

The Incentive would be contrary to state or federal law. (Government Code Section 65915(d)(1)(C).)

(d)

The community has adequate child care facilities, in which case the additional incentive for a child care facility pursuant to Section 8116-3.3(d) may be denied. (Government Code Section 65915(h)(3).)

(Ord. No. 4455, § 7, 10-22-2013)