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project site is Urban Neighborhood -Medium (UN-40), which allows <br />for the development of semi -urban villages that are well connected <br />to schools, parks, and shopping centers. These areas are <br />accessible by multiple modes of transportation, have lively and <br />pedestrian -friendly streetscapes, and are designed to foster <br />community interaction. <br />This designation allows a mix of uses, including medium and <br />medium -high density apartments, townhomes, garden- or motor - <br />court homes, and neighborhood- serving commercial. Mixed -use <br />projects are allowed in both horizontal configuration, with <br />commercial and residential uses side -by -side, and vertical, with <br />commercial uses on the ground floor and residential above. Lastly, <br />the proposed density of 52.26 dwelling units per acre (du/ac) is <br />within the limits established by the California Density Bonus Law for <br />an eight -percent affordability rate for one very -low income unit. <br />3. That the deviation is necessary to make it economically feasible for <br />the Applicant to utilize a density bonus authorized for the <br />development pursuant to section 41-1603. <br />The proposed project requires one deviation through <br />incentives/concessions: Mixed -use requirement; as well as four <br />deviations through a waiver in (1) maximum building height; (2) <br />building size and massing standards; (3) open space standards; <br />and (4) landscape standards. The five deviations are described as <br />follows: <br />Mixed -use Requirement (Incentive/Concession) <br />Table 2A (Use Standards) in the Transit Zoning Code (TZC) states <br />that multi -family dwellings are a permitted use in the Corridor <br />(CDR) district, but only on second or upper floors, or behind retail <br />or service ground floor use. <br />Pursuant to Government Code Section 65915 (k)(1), a concession <br />may be sought by the applicant not only to modify or eliminate a <br />development standard but also to modify "zoning code <br />requirements." In this case, the requirement for ground floor <br />commercial is a zoning code requirement. Strict adherence to this <br />requirement would result in a reduction in the number of units that <br />can be provided in the overall project, thus not achieving the full <br />27.5-percent density bonus to which the applicant is entitled. <br />Moreover, the ground floor commercial requirement is subordinate <br />in function to the primary zoning classification of Multi -Family <br />Dwellings within the CDR district. Lastly, adherence to ground floor <br />commercial requirement would be economically infeasible, as it <br />Resolution No. 2023-XX <br />Page 3 of 13 <br />