Item 21 - Density Bonus Agreement No. 2022-03

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2.3.3 The development standards for this Project shall be waived in accordance with Government Code Section 65915(e)(1), such that the proposed fencing height within the front yard setback shall exceed the maximum allowed (3'-0"), and shall be a maximum of 6'-0" in height within the front yard setback. 2.3.4 The development standards for this Project shall be waived in accordance with Government Code Section 65915(e)(1), such that the Project shall provide no frontage type and the minimum ground floor height shall be below the minimum required (between 10'-0" and 15'-0") and shall be no less than 9'-0" 2.4 No Further Concessions or Incentives. Developer acknowledges and agrees that the concessions, incentives, and waivers set forth in section 2.3 above fully satisfies any duty City may have under the City Density Bonus for Affordable Housing, the Density Bonus Law, or any other law or regulation to provide any density bonus incentive or to waive any building, zoning, or other requirement in connection with a density bonus. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City's obligation to waive requirements of or provide development incentives pursuant to the City Density Bonus for Affordable Housing and the Density Bonus Law applicable to the Project. 2.5 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than forty-three (43) Unrestricted Units (i.e. — non -Affordable Units). 2.6 Affordable Units. The Project, for purposes of this Agreement, shall have no less than fifty-one (51) single-family attached townhomes, eight (8) of which are designated as Low - Income Affordable Units pursuant to the terms and conditions of this Agreement. The Affordable Units shall be consistent with all City approvals, and shall be located throughout the Project. 2.7 Minimum Development Standards for Affordable Units. The Affordable Units shall be constructed in accordance with all applicable City approvals. 2.8 Permits and Processing Compliance with Laws. Developer, at its sole cost and expense, or as otherwise set forth in a separate written agreement, shall secure or cause to be secured any and all permits that may be required for development of the Project by City or any other federal, state, or local governmental entity with jurisdiction over the Property or Project. Upon securing any and all required permits, and all necessary financing and property interests, Developer shall carry out and perform the development of the Project or cause the performance of the development of the Project, in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval issued by the City Council and City's Planning Commission for the Project. Any changes to the Project shall be reviewed by the City to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of Developer to comply with any terms of this Agreement in City's sole determination, then City and Developer shall meet and confer to address amendments and revisions to this Agreement as necessary. 2.9 Relocation Prior to Development of Project. If relocation is required prior to the completion of development of the Project, Developer shall have the sole and exclusive 5