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(a) Applicant Request and County Approval.
(1) An applicant for a density bonus in compliance with this Chapter may submit to the County a proposal for the specific incentives or concessions listed in Subdivision (c) (Type of Incentives), below, that the applicant requests in compliance with this Section, and may request a meeting with the Director. The applicant may file a request either before filing an application for County approval of a proposed project or concurrently with an application for project approval. The Board shall grant an incentive or concession request that complies with this Section unless the Board makes either of the following findings in writing, based upon substantial evidence:
(A) The incentive or concession is not required to provide for affordable housing costs, as defined in Health and Safety Code § 50052.5, or for rents for the targeted units to be set as specified in § 83.03.070(b) (Unit Cost Requirements); or
(B) The incentive or concession would have a specific adverse impact, as defined in Government Code § 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property 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.
(2) The applicant shall show that a waiver or modification of development standards is necessary to make the housing units economically feasible.
(b) Number of Incentives. The applicant shall receive the following number of incentives or concessions.
(1) One Incentive or Concession. One incentive or concession for a project that includes at least ten percent of the total units for lower income households, at least five percent for very low income households, or at least ten percent for persons and families of moderate income in a common interest development.
(2) Two Incentives or Concessions. Two incentives or concessions for a project that includes at least 20 percent of the total units for lower income households, at least ten percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development.
(3) Three Incentives or Concessions. Three incentives or concessions for a project that includes at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development.
(c) Type of Incentives. For the purposes of this Chapter, concession or incentive means any of the following:
(1) A reduction in the site development standards of this Development Code (e.g., site coverage limitations, setbacks, reduced parcel sizes, and/or parking requirements (see also § 83.03.050 [Parking Requirements in Density Bonus Projects]), or a modification of architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code §§ 18901 et seq., that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions;
(2) Approval of mixed-use land uses not otherwise allowed by this Development Code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located;
(3) Other regulatory incentives proposed by the applicant or the County that will result in identifiable, financially sufficient, and actual cost reductions; and/or
(4) In its sole and absolute discretion, a direct financial contribution granted by the Board, including writing-down land costs, subsidizing the cost of construction, or participating in the cost of infrastructure.
(d) Effect of Incentive or Concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a General Plan amendment, Land Use Plan amendment, or other discretionary approval.
(Ord. 4011, passed - -2007)