(a) 
The City shall not disapprove a housing development project, as that term is defined in subsection (c) herein and including farmworker housing as defined in subdivision (d) of 50199.50 of the Health and Safety Code, for very low-, low-, or moderate-income households, or condition approval in a manner that renders the housing development project infeasible for development for the use of very low-, low-, or moderate-income households, including through the use of design review standards, unless it makes written findings, based upon substantial evidence in the record, as to one of the following:
(1) 
The City has adopted a housing element pursuant to Article 10.6 of Chapter 3 of Division 1 of Title 7 of the Government Code (Article 10.6) that has been revised in accordance with Government Code Section 65588, is in substantial compliance with Article 10.6, and the City has met or exceeded its share of the regional housing need allocation pursuant to Government Code Section 65584 for the planning period for the income category proposed for the housing development project, provided that any disapproval or conditional approval shall not be based on any of the reasons prohibited by Government Code Section 65008. If the housing development project includes a mix of income categories, and the City has not met or exceeded its share of the regional housing need for one or more of those categories, then this subsection shall not be used to disapprove or conditionally approve the project. The share of the regional housing need met by the City shall be calculated consistently with the forms and definitions that may be adopted by the Department of Housing and Community Development pursuant to Government Code Section 65400.
(2) 
The housing development project as proposed would have a specific, adverse impact upon the public health or safety, 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. As used in this subsection, a “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 the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.
(3) 
The denial of the project or imposition of conditions is required in order to comply with specific State or Federal law, and there is no feasible method to comply without rendering the development unaffordable to low-and moderate-income households.
(4) 
The housing development project is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.
(5) 
The housing development project is inconsistent with both the City’s zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the City has adopted a revised housing element in accordance with Government Code Section 65588 that is in substantial compliance with State law.
A. 
Subsection (a)(5) herein cannot be utilized to disapprove or conditionally approve a housing development project if the development project is proposed on a site that is identified as suitable or available for very low-, low-, or moderate-income households in the City’s Housing Element, and is consistent with the density specified in the Housing Element, even though it is inconsistent with both the City’s Zoning Ordinance and General Plan land use designation.
B. 
If the City has failed to identify in the inventory of land in its Housing Element sites that can be developed for housing within the planning period and that are sufficient to provide for the City’s share of the regional housing need for all income levels pursuant to Government Code Section 65584, then subsection (a)(5) herein shall not be utilized to disapprove or conditionally approve a housing development project proposed for a site designated in any element of the General Plan for residential uses, or designated in any element of the General Plan for commercial uses if residential uses are permitted or conditionally permitted within commercial designations.
(b) 
When a proposed housing development project complies with applicable, objective general plan and zoning standards and criteria, including design review standards, in effect at the time that the housing development project’s application is determined to be complete, but the City proposes to disapprove the project or to approve it upon the condition that the project be developed at a lower density, the City shall base its decision regarding the proposed housing development project upon written findings supported by substantial evidence on the record that both of the following conditions exist:
(1) 
The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this subsection, a “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 the application was deemed complete.
(2) 
There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to subsection (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
(c) 
For the purposes of this section, “housing development project” shall have the meaning set forth below, or as otherwise amended by Government Code Section 65589.5(h):
(1) 
Residential units only;
(2) 
Mixed-use developments consisting of residential and nonresidential uses in which nonresidential uses are limited to neighborhood commercial uses and to the first floor of buildings that are two or more stories. As used in this subsection, “neighborhood commercial” means small-scale general or specialty stores that furnish goods and services primarily to residents of the neighborhood;
(3) 
Transitional housing or supportive housing.
(Ord. 296 § 4, 2010)