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EXHIBIT 5 DBA No. 2018-01 January 14, 2019 Page 4 35 -Percent State Density Bonus 1 70 units 52 x 0.35 +18 Units 35 -Percent Bonus Provided by the Housing Opportunity Ordinance 94 units (70 x 0.35) +24 Units Total Units 194 units maximum 93 units Dr000sed The purpose of the HOO and the State Density Bonus Law is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments. Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny requested concessions and waivers and is preempted from denying the Density Bonus Agreement application. Although the City has analyzed the project and has identified several areas of concern, the conditions of approval proposed for the project are intended to address any of the project's potential impacts. Table 4 outlines the incentives/concessions and waivers requested by the applicant. Table 4: Requested Incentives/Concessions TZC Standard Requirement Provided. A Hybrid Court Building Type is Sec. 41-2020 & 41-2040 — The UN -2 land use designation only proposed at this location which is not Permitted Building Type and permits the Hybrid Court Building permitted, pursuant to the TZC — Architectural Style Type in certain locations. Requires Waiver, Cal. Gov't Code Sec. 65915 (e)(1 Sec. 41-2014 —Building Setbacks 10 feet (front), 10 feet (street side), 0 feet (front) and 10 feet (side) — Requires Concession (1 of 2), Cal. 15 feet (rear) Gov't Code Sec. 65915 (d)(1) Sec. 41-2014 of the TZC allows a Proposed deck design encroaches maximum encroachment of T -O" into 6'-0" into the required 10'-0" street Sec. 41.2014.— Encroachments the required street side setback, side setback along Spurgeon and subject to a minimum vertical French Street— Requires clearance of 12'-0". Concession (2 of 2), Cal. Gov't Code Sec. 65915 (d)(1) In addition, the site is parked in compliance with California Government Code Section 65915(p)(3)(A) and provides 1.1 spaces per unit, inclusive of handicapped and guest parking. Analysis of the Issues Pursuant to Section 41-1607 of the SAMC, an application for a density bonus agreement is required to be approved by the Planning Commission for any project containing "deviations" (incentives/concessions and/or waivers). The Planning Commission's review of the density bonus agreement is based on the following findings: 1. The proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. 2. The development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. 75A-82