60A - TOLL BROS BONUS DENSITY AGMT

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Site Plan ReviewNo. 2019-01and Density Bonus Agreement No. 2019-01–Fourth and Main Mixed-Use Residential and Commercial Development November 19, 2019 Page 6 was adopted in 1979 and has since been amended at 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” thedensity bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. The project has been designed to conform to the development standards in the Transit Zoning Code, with the exception of the proposed onsite parking. However, pursuant to State of California Government Code Section 65915(p)(1) and 65915(p)(4), residential developments providing five- percent onsite affordable housing units at very-low income levels are entitled to provide onsite parking at the ratio of 1 stall for studio or one-bedroom units, and 2 stalls for two-to three- bedroom units. The applicant has elected to exercise the option to provide this parking ratio pursuant to the California Government Code through execution of a density bonus agreement. A full description of conformance to development standards is provided in Exhibit 10 tothe Planning Commissionstaff report. Although the project is proposing a total number of units (220) that is below the maximum City- prescribed density for the project site based on its acreage, the developer is able to seek the parking standards incentive in the California Government Code because it is providing onsite affordable units. Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny the requested parking ratio and is preempted from denying the Density Bonus Agreement application. Analysis Section 41-2005 of the SAMC requires developments proposing over four stories in height to apply for a Site Plan Review (SPR) with the Planning Commission. As the buildings in the proposed development contain five and seven stories, approval of a SPR application is required by the Planning Commission. In addition, the project is seeking approval of a density bonus agreement to commit five percent (11 units) of the residential component to very-low income households. Through this agreement, the applicant is seeking to exercise rightsafforded under the California Government Code to allow a reduced parking ratio for the project. Pursuant to SAMC Section 41-1600, density bonus agreement applications that also request a “deviation” from development standards require Planning Commission review and approval prior to City Council approval of the density bonus agreement itself. State Density Bonus Law Under the State’s Density Bonus Law, developers of affordable family-oriented housing projects may requestanumericaldensity bonus up to 35percent from base density. The proposed development is to construct 11 very-low income affordable units, which does not require approval of a numeric density bonus but makes the project eligible to seek parking incentives pursuant to the California Government Code. Pursuant to SAMC Sec. 41-1600, the purpose of the City’s Density Bonus for Affordable Housing Ordinance is “to provide increased residential densities to developers who guarantee that a portion of their residential development will be availableto low income, very low-income, or senior (also known as "qualified") households.” SAMC Sec. 41-