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Cabrillo Crossing Density Bonus Agreement, 1814 & 1818 East First Street <br />August 16, 2022 <br />Page 4 <br />Standard <br />Required by the MEMU <br />Provided <br />and breaks in volume to reduce <br />massing <br />Table 3: Density Bonus Calculation <br />Density or Bonus <br />Allowed for Project <br />Provided <br />Base Density <br />126 units (1.40 acres x 90 <br />35 units <br />units/acre base density used as a <br />standard for developments in <br />areas designated DC by the <br />General Plan Land Use element <br />35-Percent State Density Bonus <br />+43 units 125 x 0.35 <br />0 <br />35-Percent Bonus Provided by <br />+43 units (125 x 0.35) <br />0 <br />the Housing Opportunity <br />Ordinance <br />Total Units <br />211 units maximum <br />35 units proposed <br />Although the project is proposing a total number of units (35) that is below the maximum <br />City -prescribed density for the project site based on its acreage, the developer is able to <br />seek a concession because it is a mixed -income community with onsite affordable units. <br />The City's Affordable Housing Opportunity and Creation Ordinance (AHOCO) allows <br />developers to request up to two concessions to facilitate construction of affordable <br />housing. However, none of the concessions listed in the HOO are being requested by the <br />applicant. Instead, the one requested concession is permitted by Section 65915 et al. of <br />the California Government Code (Density Bonuses and Other Incentives). Pursuant to <br />California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction <br />is limited in its ability to deny the requested concessions and is preempted from denying <br />the Density Bonus Agreement application. <br />Background <br />The Metro East Mixed Use overlay district was adopted in 2007 as a result of interest in <br />developing mixed -use residential and commercial projects in its project area. The <br />regulating plan, which establishes land uses and development standards, allows a variety <br />of housing and commercial projects, including mixed -use residential communities, <br />live/work units, hotels, and offices. The Metro East Mixed Use overlay district was <br />modified and expanded in 2018 to include areas along East First Street between Grand <br />Avenue and the Santa Ana (1-5) Freeway. Since its adoption, the district has resulted in <br />four mixed -use communities built or under construction, with two more projects entitled. <br />The California Density Bonus law allows developers proposing five or more residential <br />units to seek increases in base density for providing on -site housing units in exchange for <br />providing affordable units on site. To facilitate the construction of on -site affordable units, <br />the law allows developers to seek up to three incentives/concessions and an unlimited <br />number of waivers, which are essentially deviations from development standards to <br />provide relief and allow the project be built without significant burden (e.g. financial, site <br />constraints) and without detriment to public health. The first version of the Density Bonus <br />