Item 19 - Density Bonus Agreement No. 2024-02 Property Located at 510 and 520 N. Harbor

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CITY COUNCIL DRAFT porch depth of 6 feet, a minimum porch width of 10 feet (for asymmetrical entries) and a minimum porch height of 10 feet. Pursuant to the Project Approvals, the Project shall provide the following: (a) Clear ground floor height minimum of nine feet -one inch (9'-195 ); (b) Porch depth minimum of four feet (4') (measured from face of landing to building fagade); and, (c) Asymmetrical entry width minimum of nine feet -six inches (9'-6"). 2.3.2 Waivers. In accordance with Government Code Section 65915(e), provided the Project complies with the Project Approvals, the Project is granted the following waivers or reductions from Onsite Open Space Requirements: (a) The requirement of City Municipal Code Section 41-592.3 and SP- 2, Ch. 3, Table 3-9, to provide minimum private open space of 90 square feet per unit is waived for eighteen (18) units. (b) The requirement of City Municipal Code Section 41-592.3 and SP- 2, Ch. 3, Table 3-9, for minimum private open space dimensions is reduced from six (6) feet to four feet -six inches (4'-6"). (c) The requirement of City Municipal Code Section 41-592.3 and SP- 2, Ch. 3, Table 3-9 for common open space is reduced from 12,219 square feet, which is 15% of the lot area, to 3,853 square feet. 2.4 Parking Requirements. Onsite parking shall be provided in compliance with Government Code Section 65915(p). The Project shall provide not less than ninety nine (99) parking spaces. 2.5 No Further Concessions, Incentives, or Waivers. Developer acknowledges and agrees that no further concessions, incentives, waivers or parking requirements are requested, and that the terms set forth in Section 2.3 and 2.4 fully satisfies any duty City may have under the City Density Bonus for Affordable Housing, the Density Bonus Law, or any other law or regulation to provide any density bonus incentive or to waive any building, zoning, or other requirement in connection with a density bonus. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City's obligation to waive requirements of or provide development incentives pursuant to the City Density Bonus for Affordable Housing and the Density Bonus Law applicable to the Project. 2.6 Unit Mix. 2.6.1 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than forty (40) Unrestricted Units, as set forth Section 2.6.3, below, plus any Released Units, as set forth in Section 3.6 below, and pursuant to the terms and conditions of this Agreement. Any change to the unit distribution of the Unrestricted Units may affect the comparability of the Affordable Units and is subject to City Manager approval. Page 9 5 53 94.0010 1 \43721567.2