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Density Bonus Agreement for 2222 East First Street <br />October 16, 2018 <br />Page 3 <br />adopted in 1979 and has been amended from time to time. In early 2017, the law was amended to <br />restrict the ability of local jurisdictions to require studies to justify a density bonus and places the <br />burden on local granting authorities to prove that the requested incentives/waivers are not <br />financially warranted. <br />The California Density Bonus Law applies to projects proposing five or more residential units and <br />grants density bonuses to those projects meeting certain requirements for affordability levels and <br />types of housing (family, veterans, etc.). Pursuant to State law and the City's Housing Opportunity <br />Ordinance, rental units in such developments that are designated "affordable" must remain so for <br />at least 55 years. For affordable housing projects, a developer may seek a density bonus up to 20 <br />percent from base density. In addition, the City's Housing Opportunity Ordinance (HOO), last <br />updated in November 2015, augments the California Density Bonus Law by allowing a developer <br />to seek an additional 35 percent density bonus calculated from base density (SAMC Sect. 41- <br />1904.1). A summary of the proposed project's density calculation is provided below: <br />Project Density Calculation <br />Density or Bonus <br />Allowed for Project <br />Provided <br />285 units (3.17 acres x 90 <br />units/acre base density used <br />Base Density <br />as a standard for <br />285 units <br />developments in areas <br />designated DC by the General <br />Plan Land Use element <br />20 -Percent Density Bonus for <br />Senior Projects Provided by <br />285 x 20% = 57 units <br />+ 57 units <br />California Density Bonus Law <br />35 -Percent Density Bonus <br />Provided by the City's <br />Housing Opportunity <br />285 x 35% = 100 units <br />+ 76 units <br />Ordinance <br />Total Units <br />442 units maximum <br />418 units pro osed <br />Based on the above calculations, the proposed project complies with both the California Density <br />Bonus Law and the City's Housing Opportunity Ordinance. As such, a Density Bonus Agreement <br />has been prepared (Exhibit 1). The Developer has paid the City's Density Bonus Setup fee in the <br />amount of $58,117.34 to prepare this agreement. Under California Density Bonus Law, a <br />developer may seek incentives or waivers (sometimes called concessions) to increase the viability <br />of the proposed project. The Planning Commission Staff Report from September 11, 2017 provides <br />detailed information regarding the requested incentives/concessions (Exhibit 2). <br />Key Items in the Density Bonus Agreement <br />The following is a list of key items agreed upon in the Density Bonus Agreement: <br />• The Project shall have no less than four -hundred and eighteen (418) units which shall be. <br />comprised of ninety-one (91) studio units, two -hundred and sixty-two (262) one -bedroom <br />60A-3. <br />