(A) If the qualified housing development meets the criteria set forth in Cal. Gov’t Code § 65915 (State Density Bonus Law) and is eligible to receive a density bonus, the applicant may request that the required number of parking spaces set forth in Cal. Gov’t Code § 65915 be applied to the project.
(B) Parking space requirements for projects eligible for a density bonus are as follows (inclusive of handicapped and guest parking):
(1) Zero to one bedroom: one on-site parking space;
(2) Two to three bedrooms: two on-site parking spaces;
(3) Four or more bedrooms: two and one-half on-site parking spaces.
(4) These parking space requirements are considered an alternative site development standard applied to the project and will not be considered as one of the incentives for which the project may be eligible.
(C) In addition to the reduced parking space requirements, applicants with qualified housing developments that qualify for a density bonus are entitled to request from one to three incentives that would result in the reduction of affordable housing costs based upon their level of affordability. The applicant will receive the following incentives or concessions:
(1) One incentive or concessions for projects that include at least 10% of the total units for lower income households, at least 5% for very low income households, or at least 10% for persons and families of moderate income in a common interest development.
(2) Two incentives or concessions for projects that include at least 20% of the total units for lower income households, at least 10% for very low income households, or at least 20% for persons and families of moderate income in a common interest development.
(3) Three incentives or concessions for projects that include at least 30% of the total units for lower income households, at least 15% for very low income households, or at least 30% for persons and families of moderate income in a common interest development.
(D) The requested incentives must be granted unless one of the following findings is made:
(1) The concession or incentive is not required in order to provide for affordable housing costs, as defined in Cal. Health & Safety Code § 50052.5, or for rents for the targeted units to be set as specified in Cal. Gov’t Code § 65915(c).
(2) The concession or incentive would have a specific adverse impact, as defined in Cal. Gov’t Code § 65589.5(d)(2), 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.
(E) Applicants may also request additional waivers to development standards. Each waiver, or modification, requested must demonstrate the waiver is necessary to physically accommodate the number of units to which the developer is entitled under Cal. Gov’t Code §§ 65915 et seq.
(Ord. 1242, passed 5-7-12)