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A. Subject to subsection B of this Section, the City shall provide a Concession or Incentive, for qualified Housing Developments, upon the written request of an applicant. The number of Concessions or Incentives provided shall be as follows:

1. For a Housing Development that provides either 5% of the units affordable to Very Low income households, or 10% of the units affordable to Lower income households, the developer is entitled to one Concession or Incentive.

2. When the number of affordable units is increased to 10% Very Low income units, or 20% Lower income units, the developer is entitled to two Concessions or Incentives.

3. When the number of affordable units is increased to 15% Very Low income, or 30% Lower income, the number of Concessions or Incentives is increased to three.

B. The City may grant any one of the following as a Concession or Incentive:

1. A waiver or modification of site development standards or a modification of zoning code or architectural design requirements. These include one or more of the following (each item below is considered a Concession or Incentive):

a. Reduced minimum lot sizes and/or dimensions.

b. Reduced minimum lot setbacks

c. Reduced minimum outdoor and/or private outdoor living area.

d. Increased maximum lot coverage

e. Increased maximum building height and/or stories.

f. Reduced on-site parking standards, including the number or size of spaces and garage requirements.

g. Reduced minimum building separation requirements.

h. Reduced street standards, e.g., reduced minimum street widths.

2. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

3. Other Incentives or Concessions proposed by the developer or the City which result in identifiable cost reductions or avoidance.

C. Upon request by the applicant, the City shall not require a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following:

1. Zero to one bedrooms: one onsite parking space.

2. Two to three bedrooms: two onsite parking spaces.

3. Four and more bedrooms: two and one-half parking spaces.

If the total number of parking spaces required for a Housing Development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a Housing Development may provide onsite parking through tandem parking or uncovered parking, but not through on-street parking.

D. The City shall grant Incentive(s) or Concession(s) requested by the applicant unless the City can make a written finding, based upon substantial evidence, of any of the following:

1. The Incentive or Concession is not required in order to provide for affordable housing to Very Low, Low, or Moderate Income Households.

2. The Incentive or Concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or physical environment or any real property that is listed on the California Register of Historical Resources and for which the City determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the Housing Development unaffordable to Very Low, Low, and/or Moderate Income Households.

3. The Incentive or Concession would be contrary to state or federal law.