Item 12 - Density Bonus Agreement No. 2025-03

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Density Bonus Agreement No. 2025-03 — Olive Crest (2130 E. Fourth Street) July 15, 2025 Page 4 waivers. The incentives/concessions are generally reductions in site development standards or modification of zoning code requirements or architectural design requirements, and waivers are essentially variances from development standards (a site or construction condition). The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. Recent revisions allow affordable housing developers to request incentives/concessions and/or waivers or reductions for affordable or mixed -income developments, even if they do not require a numerical density bonus. Moreover, in early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to "justify" the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. For this Project, the developer is not requesting a State density bonus for additional units but will avail themselves of the incentive/concessions and waiver or reductions that are required to be provided by State density bonus law for projects with the requisite affordability. Due to the Project's twenty -percent (20%) affordability rate, the developer can seek three density bonus incentive/concessions and unlimited waivers, pursuant to Section 65915 et al. of the California Government Code (Density Bonuses and Other Incentives). In addition, California Assembly Bill No. 2345, approved September 28, 2020, revised the State Density Bonus Law originally adopted in 1979 to provide additional benefits for projects that include qualifying affordable housing. The purpose of the State Density Bonus Law is to encourage the development and availability of affordable housing. Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny requested incentives, concessions, and waivers. The City has analyzed the Project and has identified several areas of potential impacts; however, the conditions of approval proposed for the Project are intended to address the Project's potential impacts. Table 2 outlines the concessions and waiver requested by the Applicant and approved by the Planning Commission on June 23, 2025. Table 2: Requested Concessions and Waiver Standard Required by MEMU Provided No publicly accessible open space Publicly Accessible Open Ten -percent of the gross site provided. Requires Concession (1 of Space area (115,029 square feet) 3), Cal. Gov't Code Sec. 65915 d 2 C • 90 square feet per unit No private open space provided. Private Open Space (1,350 square feet) Requires Concession (2 of 3), Cal. Gov't Code Sec. 65915 (d)(2)(C) • Residential: 34 spaces Zero spaces provided for residential • Non-residential: 94 units proposed. Parking Requirements spaces 136 parking spaces provided for • Total required: 128 non-residential. spaces