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VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022 Page 5 2 9 3 5 feasible, the law allows developers to seek up to three incentives/concessions and an unlimited number of waivers, which are essentially variances from development standards that would help the project be built 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 at various times. 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. Pursuant to the California Density Bonus law, a project’s affordability level is determined by dividing the number of proposed affordable units by the allowable “base” density (i.e., 15 du/ac). Moreover, the State density bonus law states that units added by a density bonus are excluded from the calculations. As outlined by Table 2 below, the base density for the 2.3-acre site at 15 du/ac is 35 units. Of the total units in the development, eight units are proposed to be affordable. Therefore, the project would have a 23-percent affordability rate. As such, State density bonus law allows the developer to request a maximum density bonus of 46.25-percent (46.25%). Due to the project’s 23-percent affordability rate, the developer can seek one density bonus concession and unlimited waivers, pursuant to Section 65915 et al. of the California Government Code (Density Bonuses and Other Incentives). In addition, California Assembly Bill No. 2345, approved September 28, 2020, revised the State Density Bonus Law originally adopted in 1979 to provide additional benefits for projects that include qualifying affordable housing. Pursuant to Section 65915 et al. of the California Government Code, the developer is requesting a 46.25-percent (46.25%) state density bonus. As such, the maximum unit yield for the 2.3-acre site using the MR-15 general plan density and the State density bonus is 52 units, as outlined in Table 2. However, the applicant is only proposing to develop 51 units on the site. Table 2: Density Bonus Calculation Affordable Unit – 23% (8 units – Low Income)*Density Bonus Calculation Units Allowed Base Density – Medium Density Residential (MR-15)2.3 acres x 15 du/ac 35 Units 46.25-Percent State Density Bonus (35 units x 0.4625)+17 units Total Units 52 units allowed, 51 proposed *Affordable unit percentage is calculated excluding units added by a density bonus. 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 potential impacts, the 9/26/2022 Planning Commission 3 – 5