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4. Concessions and Incentives with Financial Analysis. Other regulatory incentives or <br />concessions not listed above which are proposed by the developer that result in identifiable <br />and actual cost reductions to provide for affordable housing costs/rent costs may be granted <br />if the review authority finds all of the following: <br />a. An actual cost reduction is achieved through the concession or incentive. <br />b. Evidence demonstrates that the cost reduction allows the builder to provide <br />affordable rents or affordable sales prices. <br />c. The developer has provided all information as may be requested by the <br />Community Development Director to ensure that the findings can be made <br />and supported by substantial evidence. <br />5. Parking Modifications. State Density Bonus provides alternative parking requirements that <br />may potentially be lower than City parking requirements. Parking reductions specified in <br />Government Code Section 65915 are not counted as a concessions, incentives, or waivers. <br />However, the applicant may request additional concessions, incentives, or waivers related to <br />parking. <br />6. Denial of Concessions and Incentives. The review authority shall grant a requested <br />concession or incentive unless the review authority makes any of the following findings, in <br />writing and supported by substantial evidence: <br />a. The concession or incentive does not result in identifiable and actual cost reductions <br />to provide for affordable rents or affordable ownership costs. <br />b. The concession or incentive would have a specific adverse impact, as defined in <br />Government Code section 65589.5(d) (2), upon the health, safety, or the physical <br />environment with no feasible method to satisfactorily avoid or mitigate. <br />c. The concession or incentive would have an adverse impact on a real property that is <br />listed in the California Register of Historical Resources with no feasible method to <br />satisfactorily avoid or mitigate. <br />d. The concession or incentive would be contrary to State of Federal Law. <br />G. Waivers. Developers of state density bonus eligible projects may seek a waiver of any <br />development standard that would physically preclude the construction of a housing development <br />with the density bonus and incentives for which the applicant is entitled. The applicant shall bear the <br />burden of demonstrating that the development standards that are requested to be waived will have <br />the effect of physically precluding the construction of the housing development with the density <br />bonus and incentives. There is no limit to the number of waivers that can be granted. A request for a <br />waiver must be submitted in writing as part of the application process specified in Section 32.19.D. <br />Granted waivers shall be identified by staff in entitlements. The City shall grant a waiver unless the <br />review authority makes any of the following findings in writing and supported by substantial <br />evidence: <br />1. The waiver would have a specific adverse impact, as defined in Government Code section <br />65589.5(d)(2), upon health, safety, or the physical environment, and there is no feasible <br />ATTY/RESO.0032/PC RESO RECOMMENDING COUNCIL TO ADOPT ARTICLE 29 AFFORDABLE HOUSING <br />REV: 05-07-18 PR <br />Page 17 of 18 <br />