Item 23 - Density Bonus Agreement No. 2023-01: 4th and Grand (1212 E. Fourth Street)

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DBA No. 2023-01— 41" and Grand (1212 E. Fourth Street) August 28, 2023 Page 5 Onsite Parking In addition, the site is parked in compliance with California Government Code 65915 (p)(1)(A) and 65915 (p)(1)(B) and provides 17 total surface parking spaces or 1.1 spaces per unit. The California Density Bonus Law allows a parking ratio of one (1) stall for studio or one -bedroom units, and one and one-half (1.5) stalls for two -bedroom units, inclusive of handicapped and guest parking. Analysis of the Issues Pursuant to Section 41-1607 of the SAMC, an application for a density bonus agreement is required to be approved by the Planning Commission for any project containing "deviations" (incentives/concessions and/or waivers). The Planning Commission's review of the density bonus agreement is based on the following findings: 1. The proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. 2. The development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. 3. The deviation is necessary to make it economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to section 41- 1603. Because the project does not exceed four stories in height, the project does not require a Site Plan Review Application pursuant to Table 2A (Use Standards) as part of the Transit Zoning Code (TZC). Accordingly, the Planning Commission's review and determination for this request are limited to the provisions of the Density Bonus Agreement application only. Table 4: Analysis of the Requested Incentives/Concessions (1) and Waivers (4) Standard Analysis Mixed -Use Requirement Table 2A (Use Standards) in the Transit Zoning Code (TZC) states that multi- family dwellings are a permitted use in the Corridor (CDR) district, but only on second or upper floors, or behind retail or service ground floor use. Pursuant to Government Code Section 65915 (k)(1), a concession may be sought by the applicant not only to modify or eliminate a development standard but also to modify "zoning code requirements." In this case, the requirement for ground floor commercial is a zoning code requirement. Strict adherence to this requirement would result in a reduction in the number of units that can be provided in the overall project, thus not achieving the full 27.5-percent density bonus to which the applicant is entitled. Moreover, the ground floor commercial requirement is subordinate in function to the primary zoning classification of Multi -Family Dwellings within the CDR district. Lastly,