2022-091 - Approving Density Bonus Agreement No. 2022-23

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2. That the development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. The application is being submitted as a Senate Bill No. 330 application. As such, the proposed development site will not be required to be rezoned since it has been found to be consistent with the objective general plan standards for the property. The project site is in an area already identified in the general plan (the Land Use and Housing elements) for new residential communities, with a density of 15 dwelling units per acre (du/ac). Moreover, the City's General Plan land use designation for the project site is Medium Density Residential (MR-15), which applies to residential areas characterized by a mix of single-family and multifamily housing. Residential building types include apartments, townhomes, live - work units, and small -lot subdivisions, typically resulting in neighborhoods with a mix of low- and medium -rise buildings. Lastly, the proposed density of 22.16 du/ac is below the density bonus provisions in the California Density Bonus Law for low-income rental projects (46.25-percent density bonus) which allows 22.6 du/ac on the project site. 3. That the deviation is necessary to make it economically feasible for the Applicant to utilize a density bonus authorized for the development pursuant to section 41-1603. The proposed project requires one deviation through incentives/concessions: open space; as well as three deviations through a waiver in (1) maximum building setback; (2) fencing height; and (3) stoop frontage and minimum ground floor height requirements. The four deviations are described as follows: Open Space (Incentive/Concession) The total common open space required for the project site is equal to 15 percent of the lot, or approximately 15,028 square feet. Instead, the project provides a 6,949-square-foot of common open space (7 percent), which is a difference of 8,079 square feet or 8 percent. Providing the required open space standard would lead to the elimination of three or more units, which would affect the feasibility to construct the project. In order to maintain the current proposed unit count, the developer would be required to construct additional floor levels, which would exceed the maximum allowable height as part of the Harbor Mixed Use Transit Corridor Plan (SP-2), and would further increase development costs. To help alleviate the Resolution No. 2022-091 Page 3 of 12