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ER No. 2019-85/DBA No. 2020-01/SPR No. 2020-01/SPR No. 2020-02/DDA <br />November 17, 2020 <br />Page 10 <br />Concessions and Waivers <br />To help make providing on -site affordable units feasible, the State law allows developers <br />constructing 11 percent very -low income units to seek up to two incentives/concessions (California <br />Government Code Section 65915 (d)(2)(B)), and an unlimited number of waivers (California <br />Government Code Section 65915 (e)(1)), which are essentially variances from development <br />standards that would help the project be built. A concession may be a reduction in a site <br />development standard, modification to a zoning code requirement, or a modification to architectural <br />design requirement that results in identifiable cost reductions. A waiver is for a standard that would <br />physically preclude development from being built at the permitted density and with the granted <br />concession/incentives. A development standard is defined in California Government Code Section <br />65915 as a site or construction condition, including, but not limited to, a height limitation, a setback <br />requirement, FAR, an on -site open space requirement, or a parking ratio that applies to a <br />residential development pursuant to any ordinance, general plan element, specific plan, charter or <br />other local condition, law, policy, resolution, or regulation. <br />Table 7: Requested Incentives/Concessions/Waivers <br />TZC and General <br />Requirement <br />Provided <br />Plan Standards <br />Floor Area Ratio <br />4.2 FAR— Requires Waiver, <br />(FAR) <br />3.0 - Downtown District Center <br />Cal. Gov't Code Sec. 65915 <br />e 1 <br />Sec. 41-2011(a) — <br />The Line Block building type permits a <br />16 stories — Requires Waiver, <br />Height <br />maximum of 10 stories <br />Cal. Gov't Code Sec. 65915 <br />e 1 <br />1. The common open space shall be <br />designated as a courtyard, or in the <br />front as a forecourt. This area shall <br />be equal to 15% of the lot and shall <br />be open to the sky. <br />2. Minimum courtyard width of 20'0" <br />when running EW and 15'0" when <br />running NS. <br />Common open space is not <br />Sec. 41-2023(f) — <br />3. 20'0" wide courts only permit <br />proposed as a courtyard or <br />Open Space <br />architectural projections on two <br />forecourt — Requires <br />opposing sides. <br />Concession 1 of 2, Cal. Gov't <br />4. Private open space for each <br />Code Sec. 65915 (d)(1) <br />dwelling unit and no less than 50 SF <br />and not less than 60" in each <br />direction. <br />5. Private open space can be <br />substituted for common open space <br />or common interior space at an <br />equivalent square footage. The <br />75A-10 <br />