27.15.040 Incentives and Concessions.

(a) City to grant. When an applicant qualifies for a density bonus as prescribed by Government Code section 65915, the City will grant the number of incentives or concessions required by that section unless it makes one of the following findings:

(1) The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.3 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Section 65915(c) of the Government Code.

(2) The concession or incentive would have a specific adverse impact, as defined in Government Code Section 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 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) The following incentives and concessions are deemed not to have the adverse impact set forth in section (a)(2) above:

(1) Reduced setbacks or buffers so long as the project remains consistent with the City's General Plan and any applicable design guidelines;

(2) Increased maximum lot coverage so long as the project remains consistent with the City's General Plan and any applicable design guidelines;

(3) Increased maximum Floor Area Ratio so long as the project remains consistent with the City's General Plan and any applicable design guidelines;

(4) Reduction in parking standards for residential units beyond that set forth in Government Code section 65915(p); and

(5) In addition to the additional density bonus provided in accordance with Government Code section 65915(g) for land donations within ¼ mile of an applicant's project, provision of the additional density bonus set forth in Government Code section 65915(g) for land dedicated to the City that is located within ½ mile of the applicant's project so long as the applicant demonstrates to the City's satisfaction that building the requisite number of affordable units on-site is infeasible and there is an identified source of funding for the very low income units.

(c) The City will not, however, provide any direct financial assistance, waive fees or dedication requirements, or provide publicly owned land for a housing development as an incentive or concession.