A. Number Of Incentives: In addition to the density bonus granted pursuant to section 10-3-1526 of this article, an applicant for any project for which a density bonus and incentives or concessions are required pursuant to California Government Code section 65915 shall be entitled to receive the following number of construction incentives:
1. One incentive for a project that includes at least ten percent (10%) of the total units for lower income households, at least five percent (5%) for very low income households, or at least ten percent (10%) for persons and families of moderate income in a condominium or planned development.
2. Two (2) incentives for a project that includes at least twenty percent (20%) of the total units for lower income households, at least ten percent (10%) for very low income households, or at least twenty percent (20%) for persons and families of moderate income in a condominium or planned development.
3. Three (3) incentives for a project that includes at least thirty percent (30%) of the total units for lower income households, 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 condominium or planned development.
B. Qualifying Incentives: The exact construction incentive(s) to be offered to a project that qualifies for a density bonus pursuant to Government Code section 65915 and section 10-3-1526 of this article shall be determined by the planning commission as part of its review of each application.
C. Exceptions: Notwithstanding the requirements of this section, with regard to developments that qualify for a construction incentive pursuant to California Government Code section 65915, the planning commission need not provide a construction incentive in addition to the applicable density bonus if the commission makes a written finding, based upon substantial evidence, that either:
1. The requested incentive is not required to encourage the provision of housing at affordable housing costs as defined in California Health and Safety Code section 50052.5 nor is the incentive necessary to encourage the provision of housing at rents that are set as specified in California Government Code section 65915; or
2. The requested incentive would have a specific adverse impact, as defined in California Government Code section 65589.5 or its successor statute, 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. (Ord. 05-O-2482, eff. 9-16-2005)