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AHSC Resolution, Density Bonus Agreement, and Mitigated Negative Declaration February 5, 2019 Page 5 Density Bonus Calculation The California Density Bonus law allows developers proposing five or more residential units to seek increases in base density for providing on-site housing units in exchange for providing affordable units on-site. To help make constructing on-site affordable units feasible, the law allows developers to seek up to three incentives/concessions and request an unlimited number of waivers, which are essentially variances from development standards to support the project to be developed without significant burden and without detriment to public health. The first version of the Density Bonus Law was adopted in 1979 and has since been amended various times. Recent revisions allow affordable housing developers to request incentives/concessions and/or waivers for 100 -percent affordable developments, even if they do not require a numerical density bonus. Moreover, in early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to "justify" the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. Due to the project's 100 -percent affordability rate the developer can seek up to three density bonus concessions and unlimited waivers, pursuant to Section 65915 et al. of the California Government Code (Density Bonuses and Other Incentives). In addition, the City's Housing Opportunity Ordinance (HOO) allows developers to request up to two concessions to facilitate construction of affordable housing. Pursuant to Sec. 41-1904.1 of the HOO, the developer is requesting a 35 -percent density bonus. As outlined by Table 2 below, the maximum unit yield for the 1.74 -acre site using the TZC standards and both City and State density bonus is 94 units. Table 2: Density Bonus Calculation NEW"in—sit_or Bonus AllowediforiP,ro ec Proviaed 52 units (1.74 acres x 30 units/acre Base Density base density based on Courtyard 52 Units Housing type, which is the most "intense" type allowed in UN -2). 35 -Percent State Density Bonus 70 units 52 x 0.35 +18 Units 35 -Percent Bonus Provided by the 94 units (70 x 0.35) +24 Units Housin O or unit Ordinance Total Units 94 units maximum 93 units pro osed The purpose of the HOO and the State Density Bonus Law is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments. Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny requested concessions and waivers and is preempted from denying the Density Bonus Agreement application. Although the City has analyzed the project, the conditions of approval proposed for the project are intended to address any of the project's potential impacts. Table 3 outlines the incentives/concessions and waivers requested by the applicant. 75A-5