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{31 If there is more than one way to mitigate an adverse effect, the director shall <br /> present to the council the pros and cons of the alternatives. <br /> (f) Mitigation requirements will be deemed satisfied when: <br /> (1) a public agency has committed funds for [xal] area mitigation that will remove <br /> the LOS deficiency. In the case of the State, commitment of funds means that the governor has <br /> released funds to complete the improvement. In the case of the County, commitment of funds <br /> means that the council has appropriated funds to complete the improvement; or <br /> (2) the private developer's commitment to implement mitigation has been secured by <br /> bond or equivalent security, or mandatory participation in an improvement district, community <br /> facilities district, or other equivalent means of guaranteeingperformance. <br /> (g) A developer's fregiexall area mitigation expenses shall be credited against any fair share or <br /> similar fee requirement for roads. A developer's local mitigation expenses shall be credited <br /> against any fair share or similar fee requirement for roads if the council determines that the <br /> mitigation substantially benefits the general public and was not necessaryprimarily for the <br /> benefit of the proiect. In general, roads that are necessary for access within a development or <br /> turn lanes for a private proiect shall not qualify for fair share credit. <br /> (h) The following types of rezoning applications are not recLuired to perform lregiertall area <br /> mitigation: <br /> (1) Residential or other rezonings where the applicant commits, and the conditions of zoning <br /> require, that the proiect earn at least ftwel three times the number of affordable housing <br /> credits otherwise required under Chapter 11, County affordable housing_policy. <br /> (21 Rezoning to CV, CN, MCX, PD, or ML where the council determines that the project will <br /> reduce leveralll regional traffic congestion byproviding necessary commercial or light <br /> industrial opportunities to serve an azea where there is a shortage of available space zoned for <br /> such uses, and substantial residential development has already been approved, provided that <br /> conditions of zoning shall ensure that any commercial development be of a scale consistent <br /> with the standards of a "neighborhood center" as described in the General Plan. <br /> [(3~-I~Cez~6ixi==gs-tliRr6en~riv-arc-eA~"~n=ty~e~elE~lci • •pmia-uvv~j,•°'¢i,T <br /> xc°ix~ « vca===m=.2~~a <br /> .:a., ,.n . ~ a .h a t . i <br /> "ivv'@A3C13tS-r iaa°cr~. °c cvam:m=r'isr-ac'r'°cxElT~nux~:] <br /> <br /> c~ixivcisiiic.T] <br /> Qi}i) The restrictions on occupancy shall not apply to the construction of ft~ede~hetneser] <br /> infrastructure such as water tanks, roads, sewage treatment plants, or other proiect elements that <br /> do not,generate substantial traffic. <br /> 4 <br /> <br />