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SB 435 -- 6 -- <br /> <br /> (C) Three incentives or concessions for projects that include at <br /> 2 least 30 percent of the total units for lower income households, at <br /> 3 least 15 percent for very low income households, or at least 30 <br /> 4 percent for persons and families of moderate income in a <br /> 5 common interest development. <br />6 (D) For projects in which the applicant is entitled to a density <br />7 bonus, but ec,~ utilize utilizes less than 50 percent of the density <br />8 bonus, the applicant shall receive one additional incentive or <br />9 concession-S.h~l~be~m~fl in addition to those specified in <br />10 subparagraphs (A), (B), and (C). <br />11 (3) The applicant may initiate judicial proceedings if the city, <br />12 county, or city and county refuses to grant a requested density <br />13 bonus, incentive, or concession. Ifa court finds that the refusal to <br />14 grant a requested density bonus, incentive, or concession is in <br />15 violation of this section, the court shall award the plaintiff <br />16 reasonable attorney's fees and costs of suit. Nothing in this <br />17 subdivision shall be interpreted to require a local government to <br />18 grant an incentive or concession that has a specific, adverse <br />19 impact, as defined in paragraph (2) of subdivision (d) of Section <br />20 65589.5, upon health, safety, or the physical environment, and <br />21 for which there is no feasible method to satisfactorily mitigate or <br />22 avoid the specific adverse impact. Nothing in this subdivision <br />23 shall be interpreted to require a local government to grant an <br />24 incentive or concession that would have an adverse impact on <br />25 any real property that is listed in the Califomia Register of <br />26 Historical Resources. The city, county, or city and county shall <br />27 establish procedures for carrying out this section, that shall <br />28 include legislative body approval of the means of compliance <br />29 with this section. The city, county, or city and county shall also <br />30 establish procedures for waiving or modifying development and <br />31 zoning standards that would otherwise inhibit the utilization of <br />32 the density bonus on specific sites. These procedures shall <br />33 include, but not be limited to, such items as minimum lot size, <br />34 side yard setbacks, and placement of public works <br />35 improvements. <br /> 36 (e) In no case may a city, county, or city and county apply any <br /> 37 development standard that will have the effect of precluding the <br /> 38 construction of a development meeting the criteria of subdivision <br /> 39 (b) at the densities or with the concessions or incentives <br /> 40 permitted by this section. An applicant may submit to a city, <br /> <br /> 97 <br /> <br /> <br />