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time that they have been doing this. He indicated that that does not mean that it does <br />not happen but that it is pretty uncommon. He added that there are the costs of higher <br />density, and everyone has assumed for years and years that the higher the density, the <br />more money it will make, and of course everybody would want it. <br />Mr. Dolan stated that the issue of the type of construction is very important. He noted <br />that when the City did all these re- zonings, staff was suggesting to some people to go <br />higher; and staff could only talk a couple of people into going higher because they knew <br />that would put them into a podium product, and they did not think the market could <br />support it and so they wanted the lower density. He indicated that sometimes it is <br />difficult to get extra density when developers start to look at all of the site development <br />standards such as getting the parking to fit, and they just run out of space. He noted <br />that higher density just does not work out with all the landscape, open space, and <br />setbacks requirements. He added that there is also a weird thing that happens, based <br />on the particular regulatory structure, and it exists right now here where the high- density <br />General Plan designation is anything above eight units per acre, which, theoretically, <br />goes to infinity. He stated that every high- density project, all of this things sound pretty <br />scary, but if someone comes and the land is designated high- density, there is nothing to <br />add the bonus to as it is eight units to infinity. He noted that it is the exact same <br />conversation that staff has on a regular project with no bonus, and so no one every <br />bothers to bring it forward. <br />Mr. Dolan stated that density bonus is 135 percent of the allowed density. He indicated <br />that the allowed density goes up as high as possible, and then these other limiting <br />factors come in and really determine what the project is going to be. He noted that <br />because the City does so many things with PUDs, and other communities do the same <br />thing, density bonus just becomes an exercise that is never going to happen in reality. <br />He concluded that while this sounds a little scary, the likelihood of the City getting very <br />many applications using density bonus is not very high. <br />Commissioner O'Connor stated that he misunderstood what density bonus meant and <br />was thinking that with density bonus, the increased number of units that the developer <br />might get would take the place of the required open space. He noted that the City does <br />not generally or normally build out the land totally; it is pretty generous with its open <br />space and probably requires more open space than most cities. <br />Mr. Dolan stated that a developer could ask for a concession on that particular <br />requirement. He added that there is not one listed that is automatic; the developer <br />would have to go do a financial analysis and provide the documentation. He <br />emphasized that density bonus is available to anyone right now, whether the City <br />adopts this ordinance or not, because it is State law. He explained that in the past, if a <br />city does not adopt it, the State law is afforded to everyone; however, the State now <br />says that a city is committed to it in its Housing Element and must adopt it. He added <br />that the City is going to have its own version that it can live with, but there are a lot of <br />things that State law provides that the City cannot just avoid. He noted, however, that if <br />a city adopts it on time, the City is given the opportunity in its next Housing Element <br />PLANNING COMMISSION MINUTES, August 28, 2013 Page 14 of 16 <br />