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Appropriation Adjustment, Density Bonus and Development Impact Fee Deferral <br />Agreement for FX Residences <br />December 7, 2021 <br />Page 6 <br />2 <br />2 <br />6 <br />3 <br />to promote a pedestrian-oriented environment with a mix of land uses and will provide <br />additional affordable housing stock to an underserved segment of the City’s population. <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 the 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 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 in units. <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 />Due to the project’s 100-percent affordability rate, HomeAid can seek up to three density <br />bonus concessions and unlimited waivers, pursuant to Section 65915 et al. of the <br />California Government Code (Density Bonuses and Other Incentives). In addition, <br />California Assembly Bill No. 2345, approved September 28, 2020, revised the State <br />Density Bonus Law originally adopted in 1979 to provide additional benefits for projects <br />that include qualifying affordable housing. The bill requires that housing development in <br />which 100 percent of all units (exclusive of manager units) are for lower-income <br />households receive a maximum density bonus of eighty percent (80%). Pursuant to <br />Section 65915 et al. of the California Government Code, HomeAid is requesting a 70- <br />percent (70%) state density bonus. As outlined by Table 1 below, the maximum unit yield <br />for the 0.344-acre site using the TZC standards and the State density bonus is 18 units <br />and the applicant is proposing to develop 17 units on the site. <br />Table 1: Density Bonus Calculation <br />Density or Bonus Allowed for Project Under <br />State Density Bonus Law Proposed by Project <br />Base Density of the UN-2 zoning <br />class for the property is 30 units <br />per acre <br />10 units (0.344 acres x 30 <br />units/acre base density based on <br />Courtyard Housing type, which is <br />the most “intense” type allowed in <br />UN-2). <br />10 Units <br />Add on the 80-Percent State <br />Density Bonus 8 units (10 x 0.80)+7 Units <br />Total Units 18 units maximum 17 units proposed