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porch depth of 6 feet,a minimum porch width of 10 feet(for asymmetrical entries)and a minimum <br /> porch height of 10 feet. Pursuant to the Project Approvals,the Project shall provide the following: <br /> (a) Clear ground floor height minimum of nine feet-one inch (9'-1"); <br /> (b) Porch depth minimum of four feet (4') (measured from face of <br /> landing to building fagade); and, <br /> (c) Asymmetrical entry width minimum of nine feet-six inches (9'-6"). <br /> 2.3.2 Waivers. In accordance with Government Code Section 65915(e),provided <br /> the Project complies with the Project Approvals, the Project is granted the following waivers or <br /> reductions from Onsite Open Space Requirements: <br /> (a) The requirement of City Municipal Code Section 41-592.3 and SP- <br /> 2, Ch. 3, Table 3-9, to provide minimum private open space of 90 square feet per unit is waived <br /> for eighteen (18) units. <br /> (b) The requirement of City Municipal Code Section 41-592.3 and SP- <br /> 2, Ch. 3, Table 3-9, for minimum private open space dimensions is reduced from six (6) feet to <br /> four feet-six inches (4'-6"). <br /> (c) The requirement of City Municipal Code Section 41-592.3 and SP- <br /> 2, Ch. 3, Table 3-9 for common open space is reduced from 12,219 square feet, which is 15% of <br /> the lot area, to 3,853 square feet. <br /> 2.4 Parking Requirements. Onsite parking shall be provided in compliance with <br /> Government Code Section 65915(p). The Project shall provide not less than ninety nine (99) <br /> parking spaces. <br /> 2.5 No Further Concessions, Incentives, or Waivers. Developer acknowledges <br /> and agrees that no further concessions, incentives, waivers or parking requirements are requested, <br /> and that the terms set forth in Section 2.3 and 2.4 fully satisfies any duty City may have under the <br /> City Density Bonus for Affordable Housing,the Density Bonus Law,or any other law or regulation <br /> to provide any density bonus incentive or to waive any building, zoning, or other requirement in <br /> connection with a density bonus. By this Agreement, Developer releases any and all claims <br /> Developer may have against City in any way relating to or arising from City's obligation to waive <br /> requirements of or provide development incentives pursuant to the City Density Bonus for <br /> Affordable Housing and the Density Bonus Law applicable to the Project. <br /> 2.6 Unit Mix. <br /> 2.6.1 Unrestricted Units. The Project, for purposes of this Agreement, may have <br /> no more than forty (40) Unrestricted Units, as set forth Section 2.6.3, below, plus any Released <br /> Units,as set forth in Section 3.6 below,and pursuant to the terms and conditions of this Agreement. <br /> Any change to the unit distribution of the Unrestricted Units may affect the comparability of the <br /> Affordable Units and is subject to City Manager approval. <br /> Page 9 <br /> 553 94.0010 1\43 721567.1 <br />