(a) The County shall grant an incentive or concession unless the County makes one of the following findings:
(1) The incentive or concession is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for affordable rents for the targeted units.
(2) The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, 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.
(3) The concession or incentive would be contrary to State or Federal law.
(b) In addition to the eligible density bonus percentage described in this section, and in accordance with Government Code Section 65915(d)(2), the applicant shall receive the following number of incentive(s) or concession(s):
(1) One (1) incentive or concession for projects that include at least ten (10) percent of the total units for low income households, at least five (5) percent for very low income households, or at least ten (10) percent for persons and families of moderate income in a condominium or planned development.
(2) Two (2) incentives or concessions for projects that include at least twenty (20) percent of the total units for low income households, at least ten (10) percent for very low income households, or at least twenty (20) percent for persons and families of moderate income in a condominium or planned development.
(3) Three (3) incentives or concessions for projects that include at least thirty (30) percent of the total units for low income households, at least fifteen (15) percent for very low income households, or at least thirty (30) percent for persons and families of moderate income in a condominium or planned development.
(Ord. 1445, eff. August 14, 2014)