(A) An applicant for a density bonus may submit a proposal for specific incentives or concessions. The city must allow the concessions or incentives requested by the applicant unless the city finds, based upon substantial evidence, any of the following:
(1) The concession or incentive is not required to ensure housing costs meet affordability standards, as defined in Cal. Health & Safety Code § 50052.5, or to ensure rents in affordable units meet the requirements of this Division.
(2) The concession or incentive would have a specific adverse impact, as defined in Cal. Gov’t Code § 65589.5(d)(2), upon the public health and safety, or physical environment, or any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, low, and moderate-income households.
(3) The concession or incentive would be contrary to state or federal law.
(B) The number of city zoning or development standards that can be waived or modified must be consistent with the following table, Table 2, Affordable Housing Development Concessions:
Table 2: Affordable Housing Development Concessions | ||||
Number of Concessions | Percentage Affordable Housing | |||
Very Low | Low | Moderate Condos and/or PUD's | ||
1 | 5% | 10% | 10% | |
2 | 10% | 20% | 20% | |
3 | 15% | 30% | 30% | |
Income categories cannot be combined to achieve a greater number of concessions than that identified in this table. | ||||
(C) The applicant must provide substantial evidence that any such concession is needed to sufficiently reduce the cost of the housing development.
(Ord. 1173, passed 7-2-07; Am. Ord. 1244, passed 10-15-12)