Item 21 - Density Bonus Agreement No. 2022-03

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DBA No. 2022-03 — Warmington Residential December 6, 2022 Page 5 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 2.3 acres x 15 du/ac 35 Units MR-15 46.25-Percent State Density Bonus 35 units x 0.4625 +17 units 52 units Total 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 conditions of approval proposed for the project are intended to address any of the project's potential impacts. Pursuant to SB 330 and the General Plan Land Use Element, the developer has selected the Harbor Mixed Use Transit Corridor Specific Plan (SP-2) development standards for a tuck -under building type to design the projects. However, pursuant to the Density Bonus Law, the developer is seeking specific concessions and waivers from certain SP-2 standards to facilitate development of the project. Table 3 below outlines the incentives/concessions and waivers requested by the applicant. Table 3: Requested Incentives/Concessions Standard Required by the SP-2 or SAMC Provided • Common Open Space - 15% of lot • Common Open Space - 7% of lot (15,028 square feet) (6,949 square feet) • Private Open Space - 90 square Private Open Space — Average of Open Space feet per dwelling unit (4,590 213 square feet per dwelling unit (Tuck -Under square feet) (10,841 square feet) — some units building type) Total — 19,618 square feet providing 0-82 sq. ft. SP-2, Table 3-9. Onsite Open Space • Total — 17,790 square feet Requirements Requires Concession (1 of 1), Cal. Gov't Code Sec. 65915 d 2 A