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SPR No. 2017-08/DBA No. 2017-01 September 11, 2017 Page 7 impact historic resources, or have no feasible mitigation. Further, cities cannot require preparation of additional reports or studies not required by State law to "justify" a developer's request for waivers or incentives. Table 5: Requested IncentiveslConcessions analyzes the applicant's request for deviations from the development standards contained in the MEMU regulating plan. Table 5: Requested IncentiveslConcessions Standard ' Question Anal /sis. Publicly Accessible Would requiring the 15 The MEMU regulating plan requires that publicly -accessible Open Space percent of total lot area open space be provided along main street -facing facades. mandated by the MEMU Because the project has such a limited frontage on First render the project Infeasible? Street, meeting this requirement would result in the building being pushed back significantly from First Street and would render almost the first 113 of the depth'unusable for building area, resulting in a significant loss of units and parking area. Pushing the building back would also reduce the contribution to creating a more urban, walkable environment. The applicant intends to compensate for this reduction by providing a greater average square footage of rivatefcommon o ens ace per unit on the project site. Building Setbacks Would requiring the MEMU's For a project of this size and construction type, OCFA side and rear setback requires 360 -degree circulation on the project site with standards render the project minimum 20 -foot fire lanes. The addition of landscaping and infeasible? walkways around the project perimeter results in the project not being able to meet the maximum 10 -foot side yard requirement. Further, for a project of this height, the MEMU requires a 100 -foot rear yard setback. Implementing this standard would result in the building being set back an additional 67 feet from the rear lot line, resulting In a significant loss of units and parking area. Driveway width Could the project be If the project were designed with narrower driveways, the redesigned with narrower driveways would not conform to minimum standards driveways to meet MEMU established for fire ingress/egress by OCFA and for trash requirements? truck ingresslegress established by the Public Works Agency and Waste Management, the current waste collector contracted by the 'City. In reviewing the applicant's request, staff has found that the project may impact the surrounding community; however, conditions of approval are intended to mitigate these impacts. Staff has also reviewed the requested incentives/concessions and found that two of the incentives/concesslons, publicly -accessible open space and building setbacks, would not be required if the project did not propose its.double-density unit total. The first incentive/concession, a reduction of publicly -accessible open space, would not be required if the project were constructed with only the 20 -percent State or the 35 -percent local density bonus provisions. A reduction in the overall unit total would allow additional areas on the project site in which 6729