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Density Bonus Agreement for 1212 E. Fourth Street <br />October 17, 2023 <br />Page 7 <br />3 <br />7 <br />2 <br />3 <br />2. The development will not be inconsistent with the purpose of the underlying zone <br />or applicable designation in the general plan land use element. <br />3. The deviation is necessary to make it economically feasible for the applicant to <br />utilize a density bonus authorized for the development pursuant to section 41- <br />1603. <br />Because the project does not exceed four stories in height, the project does not require a <br />Site Plan Review Application pursuant to Table 2A (Use Standards) as part of the Transit <br />Zoning Code (TZC). Accordingly, the Planning Commission’s review and determination for <br />this request was limited to the provisions of the Density Bonus Agreement application only. <br />Table 4: Analysis of the Requested Incentives/Concessions (1) and Waivers (4) <br />Standard Analysis <br />Mixed-Use <br />Requirement <br />Table 2A (Use Standards) in the Transit Zoning Code (TZC) states that multi- <br />family dwellings are a permitted use in the Corridor (CDR) district, but only on <br />second or upper floors, or behind retail or service ground floor use. <br />Pursuant to Government Code Section 65915 (k)(1), a concession may be <br />sought by the applicant not only to modify or eliminate a development standard <br />but also to modify “zoning code requirements.” In this case, the requirement for <br />ground floor commercial is a zoning code requirement. Strict adherence to this <br />requirement would result in a reduction in the number of units that can be <br />provided in the overall project, thus not achieving the full 27.5-percent density <br />bonus to which the applicant is entitled. Moreover, the ground floor <br />commercial requirement is subordinate in function to the primary zoning <br />classification of Multi-Family Dwellings within the CDR district. Lastly, <br />adherence to ground floor commercial requirement would be economically <br />infeasible, as it would require adding and additional story to the building to <br />meet the ground floor commercial requirement and to still provide the number <br />of units that the applicant is entitled to under State law. <br />  <br />  <br />City Council 23 – 7 10/17/2023