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Pre-Commitment of Affordable Housing Funds for Jamboree Housing Corporation and <br />WISEPlace; Density Bonus Agreement; Loan Forgiveness <br />June 21, 2022 <br />Page 9 <br />2 <br />8 <br />1 <br />6 <br />vote of 8:0 (Commissioner Frazier absent) (Exhibit 7). Jamboree has paid the City's <br />Density Bonus Setup fee in the amount of $22,097.27 to prepare the agreement. <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 <br />standards that would help a project be built without significant burden and without <br />detriment to public health. The first version of the Density Bonus Law was adopted in <br />1979 and has since been amended at various times. Recent revisions allow affordable <br />housing developers to request incentives/concessions and/or waivers for 100-percent <br />affordable developments, even if they do not require a numerical density bonus. <br />Moreover, 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 />The purpose of the State Density Bonus Law is to encourage the development and <br />availability of affordable housing by requiring the inclusion of affordable housing units within <br />new developments. Pursuant to California Government Code sections 65915 (d)(1) and <br />65915 (e)(1), a local jurisdiction is limited in its ability to deny requested concessions and <br />waivers and is preempted from denying the Density Bonus Agreement application. Due to <br />the project’s 100-percent affordability the developer can seek up to three density bonus <br />concessions and unlimited waivers, pursuant to Section 65915 et al. of the California <br />Government Code (Density Bonuses and Other Incentives). Although the City has analyzed <br />the Project for several areas of concern, the conditions of approval proposed for the Project <br />are intended to address any of the Project’s potential impacts. Table 1 outlines the <br />incentives/concessions and waivers requested by Jamboree and WISEPlace: <br />Table 1 Requested Incentives/Concessions <br />Standard Required Provided <br />Building Height and <br />Number of Stories <br />The maximum building height for all <br />buildings is 35 feet, or three stories, <br />whichever is less – Broadway Corridor <br />District of the Midtown Specific Plan <br />(SP-3) zoning designation <br />The new building is proposed at a <br />height of 54 feet and 6-inches and <br />four stories – <br />Requires Concession (1 of 3), <br />Cal. Gov’t Code Sec. 65915 <br />(d)(1)(2)(B) <br />Underground Utility <br />Installations <br />All utilities as part of the proposed project <br />shall be required to be installed <br />underground – Section 41-626 of SAMC <br />- Underground utility installations. <br />All proposed utilities will be <br />undergrounded with the exception <br />of existing <br />overhead power lines over the <br />existing building along with recorded <br />Southern California Easement (to <br />remain) –