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DBA No. 2022-03 — Warmington Residential <br />December 6, 2022 <br />Page 11 <br />below at monthly housing costs determined pursuant to paragraph (3) of <br />subdivision (h) of Section 65589.5 of the Government Code. <br />1) At least 10-percent of the housing is sold to families of moderate <br />income, or <br />2) Not less than 10-percent of the housing is rented to families of low <br />income, or <br />3) Not less than 5-percent of the housing is rented families of very low <br />income. <br />B. If the project does not result in housing units being available as set forth in <br />subdivision (A) above, then the project developer has paid or will pay in - <br />lieu fees pursuant to a local ordinance in an amount sufficient to result in <br />the development of an equivalent number of units that would otherwise be <br />required pursuant to subparagraph (A). <br />The project site is not more than four acres in area, the project does not include any <br />single level building exceeding 100,000 square feet, and the project is an infill <br />development within one-half mile of a major transit stop. Moreover, the development <br />promotes higher density infill housing, does not contain more than 100 residential units, <br />and results in housing units made available to low income families. Based on this <br />analysis, a Notice of Exemption, Environmental Review No. 2022-08 will be filed for this <br />project. <br />FISCAL IMPACT <br />There is no fiscal impact associated with this action. <br />EXHIBIT(S) <br />1. Resolution — Density Bonus Agreement <br />2. Draft Density Bonus Agreement <br />3. September 26, 2022 - Planning Commission Staff Report and Exhibits <br />Submitted By: Minh Thai, Executive Director of Planning and Building Agency, and <br />Michael L. Garcia, Executive Director of Community Development Agency <br />Approved By: Kristine Ridge, City Manager <br />