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P23-0480 & Tract 8680, 3300 Busch Road Planning Commission 15 of 29 chargers in the parking lot for the multiple-family residents, citing that the necessary reconfiguration of the parking lot would preclude the project from being built at the proposed density. With the requested waiver, the project would conform to CAP 2.0. State Density Bonus Law (SDBL) State Density Bonus Law was enacted in 1979 and has been amended multiple times since then. In addition to density increase for affordable housing projects, the law encourages applicants to construct affordable housing units (emphasis added), and in exchange, it allows applicants to apply for concessions/incentives and/or waivers to local development standards to facilitate development, in this case, PMC and/or ODS. As has been noted for other recent projects, under State law, the bases available to the City to deny or reject requests for incentives/concessions or waiver are limited, and generally must be granted if the applicant can demonstrate that the incentive/concession would result in cost savings that would improve financial feasibility of the affordable housing components of the project; or that the waiver would physically preclude the construction of the project at its permitted density. As such, and at a minimum, the project must meet the requirement of Density Bonus Law to qualify for these incentives and waivers by providing at least the number of deed-restricted affordable units called for by State law. To qualify for one incentive (and additional waivers), a project must provide at least 10 percent very low-, or 17 percent low-, or 20 percent moderate- income units. Adequate assurance must be provided as part of the Affordable Housing Agreement (AHA) terms that this will be the case, should the affordable housing developer be unable to secure financing or the project otherwise fail to move forward. Based on the terms proposed in the AHA, staff is satisfied that the SDBL requirements will be met. See detailed discussion in the IZO/AHA section later in this report. Conformance with Objective Development Standards The Project is subject to the January 26, 2023, City Council-approved Objective Design Standards (ODS). Pursuant to density bonus law, the applicant is entitled to up to two incentives/ concessions and an unlimited number of waivers. The applicant has requested one incentive/concession and 19 waivers from ODS to accommodate the Project. The requested waivers and incentive/concession include, but are not limited to the following: ▪ Reduced parking requirements for multiple-family units ▪ Reduced size of storage area in multiple-family units ▪ Pedestrian circulation and paseo connection ▪ Wider corner lot width ▪ Reduced number of shade trees and shade coverage in parking lot ▪ Exceptions to requirements regarding front doors to face streets/open space/paseo ▪ Reduced number of EV spaces ▪ Reduced driveway depth ▪ Not to provide the required sun shading for south-facing windows (incentive/concession). The comprehensive list of requested waivers and concess ions is provided in Exhibit C, including the applicant’s basis for the requests. Beyond these specific requests, staff provides