§ 18.64.040 — Allowed Incentives or Concessions

A. Applicant Request and City Approval. 1. An applicant for a density bonus in compliance with this Chapter may submit to the City a proposal for the specific incentives or concessions listed in Subsection 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 City approval of a proposed project or concurrently with an application for project approval. The Council shall grant an incentive or concession request that complies with this Section unless the Council makes any of the following findings in writing, based upon substantial evidence: a. The incentive or concession does not result in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Section 18.64.070 B. (Dwelling Unit Cost Requirements); b. The incentive or concession would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety, 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; or c. The concession or incentive would be contrary to State or Federal law. d. The applicant has already received the maximum quantity of incentives specified in Subsection B., below. 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 10 percent of the dwelling units for lower income households, at least five percent for very low-income households, or at least 10 percent for persons and families of moderate income in a for-sale development or at least 20 percent for lower income students in a student housing development. 2. Two Incentives or Concessions. Two incentives or concessions for a project that includes at least 17 percent of the dwelling units for lower income households, at least 10 percent for very low-income households, or at least 20 percent for persons and families of moderate income in a for-sale development, or at least 23 percent of the total units for lower income students in a student housing project. 3. Three Incentives or Concessions. Three incentives or concessions for a project that includes at least 24 percent of the dwelling 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 for-sale development. 4. Four Incentives or Concessions. Four incentives or concessions for projects that include at least 16 percent of the units for very low income households or at least 45 percent for persons and families of moderate income in a development in which the units are for sale. 5. Five Incentives or Concessions. Five incentives or concessions for a 100 percent affordable project that is eligible for a bonus under paragraph 18.64.020.A.7. In addition, if such a project is located within one-half mile of a major transit stop, or is located in a very low vehicle travel area as defined in Government Code Section 65915, the applicant shall also receive a height increase of up to three additional stories, or 33 feet. 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 Zoning Code (e.g., site coverage limitations, setbacks, on-site open space requirements, reduced parcel sizes, and/or parking requirements) (also see Section 18.64.050 [Parking Requirements in Density Bonus Projects]), or a modification of architectural design requirements, which exceed the minimum building standards specified in SCCC Title 15 (“Building and Construction”), and which results in identifiable, and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as identified in Section 18.64.070 B. (Dwelling Unit Cost Requirements); 2. Zoning Map amendment to Mixed Use-Neighborhood Commercial (MU-NC, Mixed Use-Community Commercial (MU-CC), or Mixed Use-Regional Commercial (MU-RC) 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; and/or 3. Other regulatory incentives proposed by the applicant or the City that will result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Subsection 18.64.070 B. (Dwelling Unit Cost Requirements). 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, Zoning Map amendment, study, or other discretionary approval.