At least 10% of the total units of a housing development for low income households as defined in Section 50079.5 of the California Health and Safety Code; or

At least 5% of the total units of a housing development for very low income households as defined in Section 50105 of the California Health and Safety Code; or

A senior citizen housing development as defined in Sections 51.3 and 51.12 of the California Civil Code; or

At least 10% of the total dwelling units in a common interest development, as defined in Section 4100 of the California Civil Code, for person and families of moderate income, as defined in Section 50093 of the California Health and Safety Code, provided that all units in the development are offered to the public for purchase; or

At least 10% of the total dwelling units of a housing development for transitional foster youth, as defined in Section 66025.9 of the California Education Code, disabled veterans, as defined in California Government Code Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U. S. C. Section 11301 et seq.). The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units.

For each 1% increase above 10% in the percentage of units affordable to low income households, the density bonus shall be increased by one and one-half (1.5) percent up to a maximum of 35%.

For each 1% increase above 5% in the percentage of units affordable to very low income households, the density bonus shall be increased by two and one-half (2.5) percent up to a maximum of 35%.

For each 1% above 10% of the percentage of units affordable to moderate income households, the density bonus shall be increased by 1% up to a maximum of 35%.

An applicant must select only one housing type to merit a density bonus. A combination of affordable housing types is not permitted to be combined to increase the amount of density bonus.

One incentive or concession for projects that include at least 10% of the total units for low income households, at least 5% for very low income households, or at least 10% for persons and families of moderate income in a condominium or planned development.

Two incentives or concession for projects that include at least 20% of the total units for low income households, at least 10% for very low income households, or at least 20% for persons and families of moderate income in a condominium or planned development.

Three incentives or concessions for projects that include at least 30% of the total units for low income households, at least 15% for very low income households, or at least 30% for persons and families of moderate income in a condominium or planned development.

No incentives or concessions shall be given for senior citizen housing development projects. One or more waivers or reductions in development standards may be requested pursuant to Section 30.36.080(B).

The incentive or concession does not result in identifiable and actual cost reductions to provide for affordable housing costs or to provide affordable rents.

The incentive or concession will have a “specific adverse impact upon public health and safety,” as defined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, 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 housing development unaffordable to low-income and moderate-income households. As used herein, “specific adverse impact upon public health or safety” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or the land use designation in the general plan shall not constitute a specific, adverse impact upon public health or safety.

The incentive or concession will be contrary to state or federal law. The granting of an incentive or concession shall not require or be interpreted, in and of itself, to require a general plan amendment, zoning change, study, or other discretionary approval. For purposes of this subdivision, “study” does not include reasonable documentation to establish eligibility for the concession or incentive or to demonstrate that the incentive or concession meets the definition.

The application of said development standard(s) will have the effect of physically precluding the construction of the housing development at the density and with the incentives or concessions granted pursuant to this chapter;

The waiver or reduction in development standards will not have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

The waiver or reduction in development standards will not have an adverse impact on any real property that is listed in the California Register of Historical Resources; and

The waiver or reduction in development standards will not be contrary to state or federal law.

If the housing development is located within one-half (0.5) mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the California Public Resources Code, and there is unobstructed access to the major transit stop from the housing development, the ratio shall not exceed one-half (0.5) space per unit.

If the housing development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the California Civil Code, the ratio shall not exceed one-half (0.5) space per unit. The housing development shall have either paratransit service or unobstructed access, within one-half (0.5) mile, to fixed bus route service that operates at least eight times per day.

If the housing development is a special needs housing development, as defined in Section 51312 of the California Health and Safety Code, the ratio shall not exceed one-third (0.3) space per unit. The housing development shall have either paratransit service or unobstructed access, within one-half (0.5) mile, to fixed bus route service that operates at least eight times per day.

Those units targeted for lower income households shall be affordable at a rent that does not exceed 30% of 60% of area median income.

Those units targeted for very low income households shall be affordable at a rent that does not exceed 30% of 50% of area median income.

Upon resale, the seller of the unit shall retain the value of any improvements, the down payment and the seller’s proportionate share of appreciation. The city shall recapture any initial subsidy as defined in subsection (B)(2), and its proportionate share of appreciation as defined in subsection (B)(3), which amount shall be used within five years for any of the purposes that promote home-ownership described in Section 33334.2(e) of the California Health and Safety Code.

The city’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

The city’s proportionate share of appreciation shall be equal to the ratio of the city’s initial subsidy to the fair market value of the home at the time of initial sale.

The proposed housing development, inclusive of the units replaced pursuant to this subsection, contains affordable units at the percentages set forth in Section 30.36.050.

Each unit in the housing development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household.

If any dwelling units described in subsection C are occupied on the date of the application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. For unoccupied dwelling units described in subsection C in a housing development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last house-hold in occupancy. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed housing development is for-sale units, the units replaced shall be subject to subsection B.

If all dwelling units described in subsection C have been vacated or demolished within the five year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the five year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed housing development is for-sale units, the units replaced shall be subject to subsection B.

The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or other development application for the housing development.

The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10% of the number of residential units of the proposed housing development.

The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as very low income housing, and will, at the time of transfer or at the time of construction, be served by adequate public facilities and infrastructure at no cost to the city. The land shall also be appropriately zoned and have the appropriate development standards to make the development of the very low income units feasible. No later than the date of approval of the final subdivision map, parcel map, or the development application for the housing development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land including design review approval, if applicable.

The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with this section, which restriction shall be recorded on the property at the time of dedication.

The land shall be transferred to the city, redevelopment agency or to a housing developer approved by the city.

The transferred land shall be within the boundary of the proposed housing development or, if the city council agrees, within one-quarter (0.25) mile of the boundary of the proposed housing development.

An additional density bonus that is an amount of square feet or residential space that is equal to or greater than the amount of the square feet in the child day care facility.

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 30.36.100 (Affordability).

Of the children who attend the child care facility, the children of very low income households, low income households, or moderate income households shall be equal to or greater than the percentage of dwelling units that are required to be affordable to very low income households, low income households, or moderate income households.

The proposed condominium project, inclusive of the units replaced pursuant to subparagraph (B) of paragraph (3) of subdivision (c) of California Government Code Section 65915, contains affordable units at the percentages set forth in subdivision (a).

Each unit in the housing development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household.