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DBA No. 2022-03 — Warmington Residential <br />December 6, 2022 <br />Page 4 <br />Nearest Intersection <br />Warren and Lyon streets <br />General Plan Designation <br />Medium Density Residential (MR-15) <br />Zoning Designation <br />General Agriculture (A-1); SB330 — Corridor District zoning <br />designation within the Harbor Mixed Use Transit Corridor <br />Plan SP-2 <br />Surrounding Land Uses <br />North <br />Multi -Family Residences (Saddleback <br />Park Villas <br />East <br />Multi -Family Residences (Tustin Parc <br />Apartments <br />South <br />Multi -Family Residences (Las Fuentes <br />Apartments <br />West <br />Multi -Family Residences (Warwick <br />Square Apartments) <br />Property Size <br />2.3 acres <br />Existing Site Development <br />Two existing structures and asphalt parking lot. Structures <br />include a one-story structure in the northwest corner and <br />one-story commercial structure on the southwest corner. <br />Use Permissions <br />Multi -Family Residential (permitted under Harbor Mixed <br />Use Transit Corridor Plan, as part of SB330 request <br />Zoning Code Sections Affected <br />Uses <br />Article XVI.I (Density Bonus); Corridor <br />District within the Harbor Mixed Use Transit <br />Corridor Plan (SP-2); and Chapter 34 <br />(Subdivisions) <br />Density Bonus <br />The California Density Bonus law allows developers proposing five or more residential <br />units to seek increases in base density for providing on -site housing units in exchange for <br />providing affordable units on site. To help make constructing on -site affordable units <br />feasible, the law allows developers to seek up to three incentives/concessions and an <br />unlimited number of waivers, which are essentially variances from development standards <br />that would help the project be built without significant burden and without detriment to <br />public health. In early 2017, the law was amended to restrict the ability of local jurisdictions <br />to require studies to "justify" the density bonus and requested incentives/waivers and <br />places the onus on local jurisdictions to prove that the incentives/concessions or waivers <br />are not financially warranted. <br />Pursuant to the California Density Bonus law, a project's affordability level is determined <br />by dividing the number of proposed affordable units by the allowable "base" density (i.e., <br />15 du/ac). Moreover, the State density bonus law states that units added by a density <br />bonus are excluded from the calculations. As outlined by Table 2 below, the base density <br />for the 2.3-acre site at 15 du/ac is 35 units. Of the total units in the development, eight <br />units are proposed to be affordable. Therefore, the project would have a 23-percent <br />affordability rate. As such, State density bonus law allows the developer to request a <br />maximum density bonus of 46.25-percent (46.25%). <br />Due to the project's 23-percent affordability rate, the developer can seek one density <br />bonus concession and unlimited waivers, pursuant to Section 65915 et al. of the California <br />Government Code (Density Bonuses and Other Incentives). In addition, California <br />