2023-068 - Approving Density Bonus Agreement No. 2023-01

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This designation allows a mix of uses, including medium and medium -high density apartments, townhomes, garden- or motor - court homes, and neighborhood- serving commercial. Mixed -use projects are allowed in both horizontal configuration, with commercial and residential uses side -by -side, and vertical, with commercial uses on the ground floor and residential above. Lastly, the proposed density of 52.26 dwelling units per acre (du/ac) is below the density bonus provisions in the California Density Bonus Law for an eight -percent affordability rate for one very -low income unit (27.5-percent State Density Bonus) which allows for 55.7 du/ac on the project site. 3. That 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. The proposed project requires one deviation through incentives/concessions: Mixed -use requirement; as well as four deviations through a waiver in (1) maximum building height; (2) building size and massing standards; (3) open space standards; and (4) landscape standards. The five deviations are described as follows: Mixed -use Requirement (Incentive/Concession) 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, adherence to ground floor commercial requirement would be economically infeasible, as it would require adding another story to the building to meet the ground floor commercial requirement and to still provide the number of units that the applicant is entitled to under State law. Maximum Height (Waiver) Resolution 2023-068 Page 3 of 12