AGENDA FULL PACKET - Laserfiche WebLink

Housing Laws Governing Review of Development Proposals March 7, 2024 Page 3 of 5 Density Bonus Law. One might that if a city can only apply objective standards, why not impose existing height limits or setbacks, since those are objective, quantifiable standards. It is another state law, Density Bonus Law, that requires cities to waive or reduce many objective development standards because the state determined that such standards create physical limits on development with the increased density allowed by Density Bonus Law. Density Bonus Law provides: “In no case may a city, county, or city and county apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. Subject to paragraph (3), an applicant may submit to a city, county, or city and county a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city, county, or city and county.”5 Density Bonus Law Incentives / Concessions of Development Standards. With 9 affordable units, the proposed development qualifies under Density Bonus Law for incentives (also called concessions) and waivers (also called modifications) of development standards. An incentive 6 allowed by Density Bonus Law includes the reduction of a “development standard”7 defined under state law as: “ “Development standard” includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a 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 that is adopted by the local government or that is enacted by the local government’s electorate exercising its local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the local government.”8 5 §65915(e)(1). 6 Density Bonus Law says that a “concession or incentive means any of the following: (1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission … including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs…”. See §65915(k). 7 §65915(k)(1). 8 §65915(o)(1). For example, many expressed concerns about traffic safety. The agenda report for your March meeting includes data from the TJKM traffic analysis. In this case, the TJKM data and analysis concludes that traffic level of service (LOS) would remain unchanged at LOS B, even with the incremental traffic increase from the church and daycare changing to 57 homes, plus traffic from other projects that have been approved. Then, even at Buildout when PM Peak is at LOS C, that is better than the LOS D threshold that could trigger traffic mitigation as written in the General Plan, Circulation Element, Program 2.2.