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PCRES 2007-046PLANNING COMMISSION RESOLUTION 2007-046 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING CODE AMENDMENT 2007-094, TO MODIFY THE CITY'S DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVES IN ACCORDANCE WITH STATE LAW CASE NO.: ZONING CODE AMENDMENT 2007-094 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 131h of November, 2007, hold a duly noticed Public Hearing for review of a Zoning Code Amendment to modify the City's density bonus and affordable housing incentives in accordance with State law; and WHEREAS, said Zoning Code Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act Statutes, and Section 15061(B)(3), Review for Exemptions of the CEQA Guidelines; and WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on November 02, 2007, as prescribed by the Municipal Code and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval of said Amendment: 1. The proposed Zoning Code Amendment is consistent with the General Plan, insofar as it amends the Zoning Code to be consistent with California requirements for affordable housing projects; and allows for the continued development of a wide range of housing opportunities in the City. 2. Approval of the Zoning Code Amendment will not create conditions materially detrimental to the public health, safety and welfare, and will have no impacts on the public health, safety and welfare. Planning Commission Resolution 2007-046 Zoning Ordinance Amendment 2007-094 Density Bonus — Affordable Housing November 13, 2007 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of Zoning Code Amendment 2007-094 as set forth in Exhibit 1 to the City Council for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on the 131h day of November, 2007, by the following vote, to wit: AYES: Commissioners Barrows, Engle, Quill, Wilkinson, and Chairman Alderson. NOES: None ABSENT: None ABSTAIN: None ,a ()s ED ALDERSON, Chairman City of La Quinta, California ATTEST: FiNSON, Planning Director La Quinta EXHIBIT 1 Section 9.60.270: DENSITY BONUSES FOR AFFORDABLE HOUSING A. Purpose and Application B. Definitions C. Qualifications for Density Bonus and Incentives and Concessions D. Continued Affordability E. Incentives and Concessions F. Waiver/Modification of Development Standards G. Specified Density Bonus Percentages H. Land Donation I. Child Care Facilities J. Condominium Conversions K. By -Right Parking Incentives L. Application and Review Procedures A. Purpose and Application. The purpose of this Section is to (i) establish procedures for implementing State density bonus requirements, as set forth in California Government Code Section 65915, as amended, (ii) increase the production of affordable housing, consistent with the City's goals, objectives, and policies and (iii) implement the provisions of the City's General Plan Housing Element policies and programs relating to the provision of affordable housing. When an applicant seeks a density bonus for a housing development, or for the donation of land for housing, within the City's jurisdiction, the City shall provide the applicant incentives or concessions for the production of housing units and child care facilities as prescribed in this Section 9.60.270. B. Definitions. The following definitions shall apply to this Section 1. "Affordable housing cost" bears the same meaning as defined in Section 50052.5 of the California Health and Safety Code. 2. "Affordable housing unit" means a dwelling unit within a housing development which will be rented or sold to and reserved for very low- income households, low-income households, moderate -income households (where qualified) and/or senior citizens at an affordable housing cost for the respective group(s) in accordance with Section 65915 of the California Government Code and this Section 9.60.270. 3. "Affordable rent" means that level of rent defined in Section 50053 of the California Health and Safety Code. 4. "Applicant" means a developer or applicant for a density bonus pursuant to Government Code Section 65915, subdivision (b), of the Planning Commission Resolution 2007-046 Exhibit 1 Density Bonus and Affordable Housing Incentives November 13, 2007 California Government Code and Subsection C of this Section 9.60.270. 5. "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 facilities, and schoolage child care centers. 6. "Common interest development" bears the same meaning as defined in Section 1351 of the California Civil Code. 7. "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. 8. "Development standard" means site or construction conditions that apply to a housing development pursuant to any ordinance, General Plan Element, Specific Plan, Charter Amendment, or other local condition, law, policy, resolution, or regulation. 9. "Housing development," means one or more groups of projects for residential units 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 Civil Code, approved by the City and consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in Subdivision (d) of Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. 10. "Lower -income households" bears the same meaning as defined in Section 50079.5 of the California Health and Safety Code. 11. "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. Planning Commission Resolution 2007-046 Exhibit 1 Density Bonus and Affordable Housing Incentives November 13, 2007 12. "Moderate -Income" or "persons and families of moderate -income" means those middle -income families as defined in Section 50093 of the California Health and Safety Code. 13. "Qualified mobilehome park" means a mobilehome 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. 14. "Senior citizen housing development" means senior citizen housing as defined in Sections 51.3 and 51.12 of the California Civil Code. 15. "Specific adverse impact" means any adverse impact as defined in Paragraph (2), Subdivision (d), of 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 specific adverse impact without rendering the housing development unaffordable to low- and moderate -income households. 16. "Very low-income households" bears the same meaning as defined in Section 50105 of the Health and Safety Code. C. Qualifications for Density Bonus and Incentives and Concessions. 1. The City shall grant one density bonus as specified in Subsection G of this Section, and incentives or concessions as described in Subsection E, when an applicant seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this Section 9.60.270, that will contain at least any one of the following: a. Ten percent (10%) of the total units of the housing development as affordable housing units affordable to lower - income households; or b. Five percent (5%) of the total units of the housing development as affordable housing units affordable to very low-income households; or C. A senior citizen housing development; or d. A qualified mobilehome park; or Planning Commission Resolution 2007-046 Exhibit 1 Density Bonus and Affordable Housing Incentives November 13, 2007 e. 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 subject to the restrictions specified in this Section. 2. As used in Subsection (CM) of this Section, 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. 3. Election of Density Bonus Category. Each applicant who requests a density bonus pursuant to this Section 9.60.270 shall elect whether the bonus shall be awarded on the basis of Subparagraph a, b, c, d or e of Subsection C(1). Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low affordable housing units, low-income affordable housing units or moderate -income affordable housing units, or the development's status as a senior citizen housing development or qualified mobilehome park. Density bonuses from more than one category may not be combined. 4. Previous Density Bonuses. The density bonus provisions shall not apply to any parcel or project area which has previously been granted increased density through a General Plan Amendment, Zone Change or other permit to facilitate affordable housing. D. Continued Affordability. 1. Prior to the issuance of building permits for any dwelling unit, an applicant shall enter into a written agreement with the City to ensure and guarantee the continued affordability of all low- and very low- income units that qualified the applicant for the award of the density bonus for a period of 30 years or a longer period of time if required by the construction or mortgage financing 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. a. The terms and conditions of the agreement shall run with the land, shall be binding upon all successors in interest of the applicant, and shall be recorded in the office of the Riverside County Recorder. Planning Commission Resolution 2007-046 Exhibit 1 Density Bonus and Affordable Housing Incentives November 13, 2007 b. . The agreement shall also include the following provisions: i. The applicant shall grant the City the continuing right of refusal to purchase or lease any or all of the designated units at fair market value; ii. The deeds to the designated units shall contain a covenant stating that the applicant or the applicant's successor in interest shall not sell, rent, lease, sublet, assign, or otherwise transfer (whether voluntarily, involuntarily or by operation of law) any interest in such unit without written approval of the City, confirming that the sales price or lease/rent amount of the unit is consistent with the limits established for low- and very low-income households as adjusted by the Consumer Price Index; and iii. The City shall also have the authority to enter into other agreements with the applicant or purchases or lessees of the dwelling units as may be necessary to assume that the designated dwelling units are continuously occupied by eligible households. 2. Prior to the issuance of building permits for any dwelling unit, an applicant shall agree to, and the City shall ensure, that the initial occupant of moderate -income units that are related to the receipt of the density bonus in a common interest development, are persons and families of moderate -income and that the units are offered at an affordable housing cost. With respect to moderate -income units in a common interest development, the City shall require the applicant to enter and shall enforce an equity -sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following shall apply to the equity -sharing agreement: a. Upon resale, the seller of the moderate -income unit in a common interest development unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture any initial 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. Planning Commission Resolution 2007-046 Exhibit 1 Density Bonus and Affordable Housing Incentives November 13, 2007 b. For purposes of this Subsection D(2), the City's initial subsidy shall be equal to the fair market value of the moderate -income unit in a common interest development at the time of initial sale minus the initial sale price to the moderate -income household, plus the amount of any down payment 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 initial market value. C. For purposes of this Subsection D(2), the City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the moderate -income unit in a common interest development at the time of initial sale. d. The applicant shall grant the City a right of first refusal to purchase any or all of the designated units at fair market value, which right of first refusal shall apply to subsequent sellers. E. Incentives and Concessions. 1. 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 housing units in accordance with this Section 9.60.270. The applicant may also request a meeting with the City 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: a. The concession or incentive is not required in order to provide for affordable housing costs or for rents for the targeted units to be set as specified in Subsection D hereof (i.e., the applicant is unable to demonstrate that the waiver or modification is necessary to make the housing units economically feasible); or b. The concession or incentive would have a specific adverse impact. 2. If the conditions of Subsection C and Subparagraph 1 of this Subsection E are met by an applicant, the City may grant an applicant applying for incentives or concessions the following number of incentives or concessions: Planning Commission Resolution 2007-046 Exhibit 1 Density Bonus and Affordable Housing Incentives November 13, 2007 a. One incentive or concession for housing 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 units affordable to very low-income households; or at least ten percent (10%) of the total units affordable to persons and families of moderate -income in a common interest development. b. Two incentives 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 units affordable to very low-income households; or at least twenty percent (20%) of the total units affordable to persons and families of moderate -income in a common interest development. C. 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. 3. For the purposes of this Section 9.60.270, available concessions or incentives may include any of the following: a. A reduction in site development standards or a modification of Zoning Code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. b. Approval of mixed use zoning in conjunction with the housing development if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, 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. Planning Commission Resolution 2007-046 Exhibit 1 Density Bonus and Affordable Housing Incentives November 13, 2007 C. Other regulatory incentives or concessions proposed by the applicant or the City that result in identifiable, financially sufficient, and actual cost reductions. d. For purposes of this Section 9.60.270, the parking ratios set forth in Government Code section 65915 land Subsection K of this Section 9.60.270) for qualified affordable housing projects shall be deemed a concession or incentive available to the applicant. 4. This Subsection E does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly -owned land, by the City or the waiver of fees or dedication requirements. Nor does any provision of this Subsection require the City to grant an incentive or concession found to have a specific adverse impact. 5. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a General Plan Amendment, Zone Change, or other discretionary approval. 6. The application and review process for a proposal of incentives and concessions is set forth in Subsection L hereof. F. Waiver/Modification of Development Standards. 1. Applicants may, by application, seek a waiver, modification or reduction of development standards that will otherwise preclude or inhibit the use of density bonus units in a housing development at the densities or with the concessions or incentives permitted by this Section 9.60.270. The applicant may also request a meeting with the City to discuss such request for waiver/modification. In order to obtain a waiver/modification of development standards, the applicant shall show that (i) the waiver or modification is necessary to make the housing units economically feasible, and (ii) that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of Subsection CM, at the densities or with the concessions or incentives permitted by this Section 9.60.270. 2. Nothing in this Subsection F shall be interpreted to require the City to waive, modify or reduce development standards if the wavier, modification or reduction would have a specific adverse impact. Planning Commission Resolution 2007-046 Exhibit 1 Density Bonus and Affordable Housing Incentives November 13, 2007 3. The application and review process for a waiver/modification of development standards is set forth in Subsection L hereof. G. Specified Density Bonus Percentages. Only housing developments consisting of five (5) or more dwelling units are eligible for the density bonus percentages provided by this Subsection G. 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 Subsection C(1). 1. For housing developments meeting the criteria of Subsection C(1), Subparagraph a, the density bonus shall be calculated as follows: Percentage Low- Income Units Percentage Density 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) 2. For housing developments meeting the criteria of Subsection C(1), Subparagraph b, the density bonus shall be calculated as follows: Percentage Very Low Income Units Percentage Density Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 (maximum) Planning Commission Resolution 2007-046 Exhibit 1 Density Bonus and Affordable Housing Incentives November 13, 2007 3. For housing developments meeting the criteria of Subsection C(1), Subparagraphs c and d, the density bonus shall be twenty percent (20%)• 4. For housing developments meeting the criteria of Subsection C(1), Subparagraph e, the density bonus shall be calculated as follows: Percentage Moderate Income Units Percentage Density Bonus 10 5 11 6 12 7 13 8 14 9 15 10 16 11 17 12 18 13 19 14 20 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 33 28 34 29 35 30 36 31 37 32 38 33 39 34 40 35 (maximum) Planning Commission Resolution 2007-046 Exhibit 1 Density Bonus and Affordable Housing Incentives November 13, 2007 5. An applicant may elect to accept a lesser percentage of density bonus than that to which the applicant is entitled under this Section 9.60.270. 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, in and of itself, to require a General Plan Amendment, Zoning Change, or other discretionary approval. 6. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower - income households are located. 7. The application and review process for a density bonus as provided by this section is set forth in Subsection L hereof. H. Land Donation. When a developer of a housing development donates land to the City as provided for in this Subsection H, 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 Units Percentage Density Bonus 10 15 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 Planning Commission Resolution 2007-046 Exhibit 1 Density Bonus and Affordable Housing Incentives November 13, 2007 Percentage Very Low Income Units Percentage Density Bonus 26 31 27 32 28 33 29 34 30 35 (maximum) This increase shall be in addition to any increase in density mandated by Subsection C, up to a maximum combined mandated density increase of thirty-five percent (35%), if an applicant seeks both the increase required pursuant to this Subsection I and Subsection C. All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this Subsection shall be construed to enlarge or diminish the city's authority to require an applicant to donate land as a condition of development. 1. An applicant shall be eligible for the increased density bonus described in this section if the city is able to make all the following findings: a. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. b. The developable acreage and zoning classification of the land being transferred are sufficient 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. c. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty (40) units, 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 zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or development application for the housing development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of Planning Commission Resolution 2007-046 Exhibit 1 Density Bonus and Affordable Housing Incentives November 13, 2007 very low-income housing units on the transferred land, except that the City may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Government Code Section 65583.2 if the design is not reviewed by the local government prior to the time of transfer. d. The transferred land and the very low-income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units consistent with this Section 9.60.270, which restriction will be recorded on the property at the time of dedication. e. The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to such City -approved developer. f. The transferred land shall be within the boundary of the proposed development or, if the City agrees in writing, within one -quarter mile of the boundary of the proposed development. 2. The application and review process for a donation of land and related density bonus is set forth in Subsection L hereof. Child Care Facilities. 1. When an applicant proposes to construct a housing development that includes affordable units as specified in Subsection C 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 developer. a. 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. b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. 2. A housing development shall be eligible for the density bonus or concession described in this Subsection if the City, as a condition of Planning Commission Resolution 2007-046 Exhibit 1 Density Bonus and Affordable Housing Incentives November 13, 2007 approving the housing development, requires all of the following to occur: a. The child care facility 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 units are required to remain affordable pursuant to Subsection D. b. Of the children who attend the child care facility, the percentage of children of very low-income households, low- 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, low-income households, or moderate -income households. C. Notwithstanding any requirement of this Subsection I, 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. 3. The application and review process for the provision of child care facilities and related density bonus or concessions or incentives is set forth in Subsection L hereof. J. Condominium Conversions. Any developer converting condominiums of a Housing Development of five units or more who seeks a density bonus, shall make such application in conjunction with its tract map application pursuant to the Subdivision Map Act, Section 9.60.260 of this Code and consistent with Government Code Section 65915.5. Any appeal of any concession or incentive or review by the Planning Commission or 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 if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Government Code Section 65915. K. By -Right Parking Incentives. Housing developments meeting any of the criteria of Subsection C(1), shall be granted the following maximum parking ratios, inclusive of handicapped and guest parking, which shall apply to the entire development, not just the restricted affordable units, when requested by a developer: Planning Commission Resolution 2007-046 Exhibit 1 Density Bonus and Affordable Housing Incentives November 13, 2007 i. Zero to one bedroom dwelling unit: one onsite parking space; ii. Two to three bedrooms dwelling unit: two onsite parking spaces; iii. Four or more bedrooms: two and one-half parking spaces. If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number. For purposes of this Subsection K, a development may provide "onsite parking" through tandem parking or uncovered parking or on streets within the perimeter of the project's site plan, but not through on -street parking on a public street that is not part of a project's site plan. L. Application and Review Procedures 1. A written application for a density bonus, incentive, concession, waiver, or modification pursuant to this Section 9.60.270 shall be submitted with the first application that is submitted for approval of a housing development and processed concurrently with all other applications required for the housing development. Notwithstanding any other requirements, affordable housing projects processed under this Section shall require approval of a conditional use permit, subject to the requirements of Government Code Section 65589.5(d). The application shall be submitted on a form prescribed by the City and shall include at least the following information: a. Site plan showing total number of units, number and location of affordable housing units, and number and location of proposed density bonus units. b. Level of affordability of affordable housing units and proposals for ensuring affordability. C. A specific 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 required for the provision of affordable housing costs and/or affordable rents, as well as evidence relating to any other factual findings required under Subsection E. d. If a density bonus or concession is requested in connection with a land donation, the application shall show the location of the Planning Commission Resolution 2007-046 Exhibit 1 Density Bonus and Affordable Housing Incentives November 13. 2007 land to be dedicated and provide evidence that each of the findings included in Subsection H can be made. e. If a density bonus or concession/incentive is requested for a childcare facility, the application shall show the location and square footage of the child care facilities and provide evidence that each of the findings included Subsection I can be made. 2. An application for a density bonus, incentive or concession pursuant to this Section 9.60.270 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, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a General Plan Amendment, Zone Change, Variance, or other discretionary approval. 3. For housing developments requesting a waiver, modification or reduction of a development standard, an application pursuant to this subdivision shall be heard by the 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: a. The waiver/modification is not required to make the proposed affordable housing units feasible; or b. The waiver/modification will have a specific adverse impact. The decision of the Planning Commission may be appealed to the City Council in the manner provided in Section 9.200.120 of the La Quinta Municipal Code. 4. Notice of any City determination pursuant to this Section shall be provided to the same extent as required for the underlying development approval.