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® PLACEWORKS 0-5 The Commenter states that the concessions and incentives are not supported and would cause a significant detriment to the historic Spurgeon Building. As stated in the staff report, the applicant is proposing to dedicate 11 percent of the total units (19 units, including ten studios, six one - bedrooms, and three two -bedrooms proportional to the residential project' s unit mix) to be attainable to very -low income households. Therefore, the project is eligible for a density bonus, concession/ incentives, waivers, and parking reductions per state law (California Government Code Section 65915) in exchange for providing affordable units on -site. To ensure that the units are dedicated as affordable for a period of a minimum of 55 years, the applicant will enter into a DBA with the City. The law also restricts the ability of local jurisdictions to require studies to "justify" the density bonus and requested incentives/waivers. The law places the responsibility on local jurisdictions to prove that the incentives/ concessions or waivers are not financially warranted and requires substantial evidence determining that granting the concessions and waivers would cause detriment to public health, safety, the physical environment, or any property that is listed in the California Register of Historical Resources. Under the State's Density Bonus Law, developers providing 11 percent very -low income units may request a numerical density bonus of 35 percent from the base density (California Government Code Section 65915 (f)(2)). The General Plan land use designation for the site is District Center, which allows 90 dwelling units per acre and a maximum floor area ratio of 3. 0. Based on the site area of 1. 41 acres at90 dwelling units peracre, 127 units are allowed. In exchange for providing 11 percent very -low income units on site, an additional 45 units are permitted through a density bonus. Therefore, the project proposes a total of 171 units with a total floor area ratio (FAR) of 4.2 for the development site. Application of the floor area ratio maximum would physically preclude development of on -site affordable housing units. To help make providing on -site affordable units feasible, the State law allows developers constructing 11 percent very -low income units to seek up to two incentives/concessions (California Government Code Section 65915 (d)(2)(13)), and an unlimited number of waivers (California Government Code Section 65915 (e)( 1)), which are essentially variances from development standards that would help the project be built. A concession may be a reduction in a site development standard, modification to a zoning code requirement, or a modification to architectural design requirement that results in identifiable cost reductions. A waiver is for a standard that would physically preclude developmentfrom being built at the permitted density and with the granted concession/ incentives. A development standard is defined in California Government Code Section 65915 as a site or construction condition, including, but not limited to, a height limitation, a setback requirement, FAR, an on -site open space requirement, or parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter or other local condition, law, policy, resolution, or regulation. The property is within a height exempt zone. However, in the TZC downtown zone, the Lined Block building type limits structures to a 10-story maximum, but the building is proposed to be 16-stories 193 feet, 10 inches). A waiver from the maximum number of stories is needed for the project. The six additional stories are needed to make construction of a mixed -income high- rise development financially feasible. A designed four upper story levels are needed to accommodate space for 19 on - site affordable units and 44 density bonus units. Efforts to maintain views of the W. H. Spurgeon Building' s clock tower to the north of the site have been made by recessing the building mass at the fourth and fifth levels and providing a publicly accessible deck that will provide views of downtown. In addition, the public parking stalls accountfor one below -grade and fourabove -grade levels of the building, adding to the overall height of the development. The application of the 10- 75A-476 November 2020 1 Page 3