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MEMO
TO: City Council DATE: March 20, 2025
DEPARTMENT: Community Development
PREPARED BY: Marie Jones, MJC
REGARDING: Applicant Request to Change a Project Incentives The project applicant has requested that City Council consider changing one of the project Density Bonus incentives.
Per state law the proposed project applicant is allowed to request three planning incentives because the applicant is providing 15% of units as affordable housing to very low-income households. State Density Bonus Law (GOV Code 65915e1) requires a City to approve “incentives” to reduce “development standards” to make a project financially feasible so long as those incentives do not have a “specific, adverse impact upon health or safety.”
Per State Law, incentive #2 of the staff report may not qualify as an incentive under state law (see language below) as it is not a “development standard.”
2. In exchange for the applicant undertaking the design, engineering and construction of the stormwater improvements identified as project 5.5.8.1 in the City’s 2004 Storm Drain Master Plan, the City shall provide a corresponding capacity fee concession (drainage, sewer and water) to offset the cost of the project as the second concession.
As the applicant and the City have already agreed to the language of Incentive #2, the City Attorney has confirmed that this can be changed into a Special Condition.
The applicant has asked for a new incentive #2, to reduce the minimum balcony size from 100 SF to 42 SF. The project as designed includes a mix of balcony sizes, and the applicant would like to keep this existing design (see incentive language below).
2. The City will allow a minimum balcony size of 42 SF, but the project shall provide the range of balcony sizes illustrated in the project plans.
Smaller balconies seem like a fair request given that many of the units are small and the environment is not always conducive to recreation on a balcony. The attached Resolution includes the necessary revisions, if City Council would like to take this approach.