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Density Bonus Agreement No. 2020-02, FX Residences March 22, 2021 Page 4 5 6 8 The purpose of 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 and has identified several areas of concern, 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. Table 3: Requested Incentives/Concessions TZC Standard Requirement Provided Sec. 41-2020 – Lot Width and Depth Lot Depth – 130’-0” – 250’-0” Lot Width – 125’-0” – 200’-0” Lot Depth – 150’-0” Lot Width – 100’-0” – Requires Concession for lot width at 25 feet less than the minimum (1 of 3), Cal. Gov’t Code Sec. 65915 (d)(1) Sec. 41-2003 – Tandem Parking Sec. 41-2003 of the TZC allows for tandem parking not to exceed 30 % of the required parking per residential unit. 10 Tandem parking spaces proposed out of 12 spaces provided (83% of parking) - Requires Concession to exceed the minimum by 53% (2 of 3), Cal. Gov’t Code Sec. 65915 (d)(1) Sec. 41-2024 – Open Space Standards Common open space is required to be designed as a courtyard and be equal to 15 percent of the lot area. The required open space would be approximately 2,247 square feet. Common open space is provided as an 1,877-square-foot interior courtyard. – Requires Concession provide 12.5 percent of the lot area (3 of 3), Cal. Gov’t Code Sec. 65915 (d)(1) Sec. 41-2020 – Permitted Building Type The UN-2 land use designation does not permit the Stacked Dwelling Building Type A Stacked Dwelling Building Type is proposed at this location which is not permitted, pursuant to the TZC – Requires Waiver to allow Stacked Building Type, Cal. Gov’t Code Sec. 65915 (e)(1) Sec. 41-2024 – Landscape Standards Trees are required to be planted at the rate of one 24-inch box tree per 25 lineal feet of front yard. No trees are proposed or can be accommodated along Garfield Street. In addition, less than one tree per 25 lineal feet can be accommodated along Santa Ana Boulevard – Requires Waiver to allow no tree along the Garfield frontage and 1 tree per 37.5 lineal feet along Santa Ana Boulevard, Cal. Gov’t Code Sec. 65915 (e)(1) In addition, the site is parked in compliance with California Government Code Section 65915(p)(3)(A) and provides 0.71 spaces per unit, inclusive of handicapped and guest parking. The California Density Bonus Law allows 0.5 spaces per unit for rental projects that are 100-percent affordable to lower income households, and within one-half mile of an City Council 2 –4 3/22/2021