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Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.) <br />November 21, 2023 <br />Page 3 <br />income (AMI), which is currently set at $71,750, adjusted for a four -person household size, <br />as published by California Department of Housing and Community Development (HCD). <br />The project features a contemporary architectural style similar to many multiple -family <br />or mixed -use residential communities under construction in the region and is <br />complementary to the emerging architectural style in the Specific Plan area. The overall <br />design, massing, features, and materials of the new construction will be compatible <br />with, but differentiated from, the existing neighborhood. The contemporary architectural <br />style would include synthetic exterior board siding, stucco finishes, vinyl frame windows, <br />metal railings for proposed decks, wood framed awnings, split -face CMU walls, and high - <br />quality architectural detailing. Moreover, the structure is designed to fully screen all <br />mechanical equipment within the structure and parapet walls. Overall, the project will <br />include a design and solid construction materials that will ensure that the project ages well <br />for the duration of the building's lifetime. <br />Density Bonus <br />The California Density Bonus (Government Code § 65915 et seq.) law allows developers <br />proposing five or more residential units to seek increases in base density for providing on - <br />site housing units in exchange for providing affordable units on site. To help incentivize <br />constructing on -site affordable units, the law allows developers to seek a density bonus <br />that allows a project to exceed local density restrictions, as specified by state law, and up <br />to three incentives/concessions and an unlimited number of waivers that facilitate <br />production of units, which are essentially variances from development standards that <br />would help the project be built without significant burden and without detriment to public <br />health. The first version of the Density Bonus Law was adopted in 1979 and has since <br />been amended at various times. In early 2017, the law was amended to restrict the ability <br />of local jurisdictions to require studies to "justify" the density bonus and requested <br />incentives/waivers and places the onus on local jurisdictions to prove that the <br />incentives/concessions or waivers are not financially warranted. <br />Pursuant to the California Density Bonus law, a project's affordability level is determined <br />by dividing the number of proposed affordable units by the allowable "base" density (i.e., <br />50 du/ac). Moreover, the State density bonus law states that units added by a density <br />bonus are excluded from the calculations. As outlined by Table 2 below, the base density <br />for the 0.34-acre site at 50 du/ac is 17 units. Out of the total units in the development, two <br />units are proposed to be affordable to very low income. Therefore, the project would <br />provide eleven -percent (11 %) of the base units for very low income households. As such, <br />State density bonus law allows the developer to request a maximum density bonus of <br />35%. This would allow a project with a total of 23 units, but the applicant is proposing to <br />develop 22 units on the site. <br />Due to the project's 11 % affordability rate, under Government Code Section 65915, the <br />developer can seek two density bonus concessions and unlimited waivers. <br />