§ 17.43.050. Concessions and Other Incentives

A.

Concessions and other incentives. An applicant who utilizes the density bonus provisions of this chapter may request one or more concessions or other incentives as follows.

1.

One concession or other incentive for projects that include at least 5 percent of the units for very low-income households, 10 percent of the units for low-income households, or 10 percent of the units for moderate-income households when the units are available for sale to the public.

2.

Two concessions or other incentives for projects that include at least 10 percent of the units for very low-income households, 20 percent of the units for low-income households, or 20 percent of the units for moderate-income households when the units are available for sale to the public.

3.

Three concessions or other incentives for projects that include at least 15 percent of the units for very low-income households, 30 percent of the units for low-income households, or 30 percent of the units for moderate-income households when the units are available for sale to the public.

4.

Affordable Housing Concession Permit. An applicant may submit an application for an Affordable Housing Concession Permit, for approval of a request for the concessions and other incentives.

B.

Application requirements. An applicant for an Affordable Housing Concession Permit shall be filed in compliance with Chapter 17.60 (Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for the Affordable Housing Concession application, including the specific economic information described in the handout.

C.

Procedure. The procedure for an Affordable Housing Concession Permit shall be the same as for a Minor Variance (Section 17.61.080.C.3) Affordable Housing Concession Permits may be granted with approval by the Hearing Officer. The Hearing Officer may:

1.

Approve the concession and/or other incentive described in application for the Affordable Housing Concession Permit.

2.

Deny the concession and/or other incentive described in the application for the Affordable Housing Concession Permit.

3.

Approve one or more concession and/or other incentives and deny one or more other concessions and/or incentives, if more than one concession or other incentives is described in the application for the Affordable Housing Concession Permit.

D.

Findings. A concession or other incentive shall be approved upon making the following findings.

1.

The concession or incentive is required in order for the designated units to be affordable.

2.

The concession or incentive would not have a specific adverse impact on public health, public safety, or the physical environment, and would not have an adverse impact on a property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigated or avoid the specific adverse impact, or adverse impact, without rendering the development unaffordable to low- and moderate-income households. A specific adverse impact is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(Ord. 7099 § 27, 2007; Ord. 7056 § 3 (Exh. 1) (part), 2006)