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ATTY/ORD/2018/ORD.469/ADOPTING ARTICLE 29 & AMENDING SECTION 32.19 <br />REV: 05-15-18 PR <br />Page 18 of 28 <br />h. Minimum distance between buildings i. Maximum building length j. Duration of permit effectiveness <br /> 4. Concessions and Incentives with Financial Analysis. Other regulatory incentives or concessions not listed above which are proposed by the developer that result in identifiable and actual cost reductions to provide for affordable housing costs/rent costs may be granted if the review authority finds all of the following: a. An actual cost reduction is achieved through the concession or incentive. b. Evidence demonstrates that the cost reduction allows the builder to provide affordable rents or affordable sales prices. c. The developer has provided all information as may be requested by the Community Development Director to ensure that the findings can be made and supported by substantial evidence. 5. Parking Modifications. State Density Bonus provides alternative parking requirements that may potentially be lower than City parking requirements. Parking reductions specified in Government Code Section 65915 are not counted as a concessions, incentives, or waivers. However, the applicant may request additional concessions, incentives, or waivers related to parking. 6. Denial of Concessions and Incentives. The review authority shall grant a requested concession or incentive unless the review authority makes any of the following findings, in writing and supported by substantial evidence: a. The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable rents or affordable ownership costs. b. The concession or incentive would have a specific adverse impact, as defined in Government Code section 65589.5(d)(2), upon the health, safety, or the physical environment with no feasible method to satisfactorily avoid or mitigate. c. The concession or incentive would have an adverse impact on a real property that is listed in the California Register of Historical Resources with no feasible method to satisfactorily avoid or mitigate. 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 development standard that would physically preclude the construction of a housing development with the density bonus and incentives for which the applicant is entitled. The applicant shall bear the burden of demonstrating that the development standards that are requested to be waived will have the effect of physically precluding the construction of the housing development with the density bonus and incentives. There is no limit to the number of waivers that can be granted. A request for a waiver must be submitted in writing as part of the application process specified in Section 32.19.D. Granted waivers shall be identified by staff in entitlements. The City shall grant a waiver unless the review authority makes any of the following findings in writing and supported by substantial evidence: <br />7.A. - Page 33