Sec. 26-149. - Incentives and concessions.

(a)

Incentives and concessions area a reduction in site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards, and which results in identifiable, financially sufficient, and actual cost reductions, including, but not limited to:

(1)

Reduced minimum lot sizes and/or dimensions.

(2)

Reduced minimum lot setbacks.

(3)

Reduced minimum outdoor and/or private outdoor living area.

(4)

Increased maximum lot coverage.

(5)

Increased maximum building height and/or stories.

(6)

Reduced minimum building separation requirements.

(7)

Reduced street standards, such as reduced minimum street widths.

(8)

Reduced standards included in the West Covina Multi-Family Objective Design Standards.

(b)

If an applicant requests a height increase pursuant to AB 2334 (2022), increased maximum building height and/or stories may not be granted as a concession.

(c)

The number of incentives or concessions that may be requested shall be based upon the number the applicant is entitled to pursuant to state density bonus law.

(d)

Nothing in this section requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.

(e)

For the purposes of this calculation, each individual deviation from the zoning requirements, rules, or other standards or conditions of the City shall constitute a separate concession. However, a variation in one (1) standard or requirement shall constitute only one (1) concession if, by necessity, the one (1) variation results in the automatic and unavoidable variation in a second standard.

(f)

Concessions shall not be provided to a development which obtains its entire density bonus entitlements through a qualifying land dedication.

(g)

Findings to deny incentive or concession. The City shall grant the incentive or concession requested by the applicant unless the City makes 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 costs or for affordable rents for the restricted units;

(2)

The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5, 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 for which 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; or

(3)

The incentive or concession would be contrary to state or federal law.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)