A. An applicant for a density bonus pursuant to section 9.47.020 of this chapter may submit a proposal for the specific incentives or concessions that the applicant requests pursuant to this chapter.
B. Subject to subsection C of this section, the applicant will receive the following number of incentives or concessions:
1. One incentive or concession for projects that include 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 moderate income households in a common interest development.
2. Two (2) incentives or concessions for projects that include 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 moderate income households in a common development.
3. Three (3) incentives or concessions for projects that include 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 moderate income households in a common interest development.
C. The planning commission shall grant the concession or incentive requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:
1. The concession or incentive is not required in order to provide for affordable housing costs or for rents for the targeted units to be set as specified in subsection 9.47.020E of this chapter.
2. The concession or incentive would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property 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 low and moderate income households; or
3. The concession or improvement would be contrary to state or federal law. (Ord. 254, 12-16-2014)