Loading...
HomeMy WebLinkAboutDexter Village Combined Comments - 8.22.24 CITY OF LADE LSIf10 E L �- ` DREAM EXTREME- August 22, 2024 VIA EMAIL gwalters@fairbrookcommunities.com] James Walters Fairbrook Communities, LLC 18100 Von Karman Avenue Irvine, CA 92612 RE: Planning Application No. 2024-0003 (DEXTER VILLAGE PRE-APPLICATION REVIEW) Dear Mr. Walters: The Planning Division has completed our initial review of the Pre-Application for a conceptual proposal to develop 447 residential units inclusive of 137 single family homes, 90 townhouses, 220 apartment units as well as an approximately 5,500-square-foot clubhouse/leasing office/gym and 1,200-square-foot Homeowner's Association (HOA) facility on an approximately 23.44-acre site in the Commercial Mixed Use District (CMU). The proposal is a Senate Bill (SB) 330 project and is located on the northeast corner of Dexter Avenue and 2nd Street(APNs: 377-090-013, 377- 090-037, 377-090-039 and 377-090-040). In accordance with Section 17.410.040 of the Lake Elsinore Municipal Code (LEMC), the purpose of this letter is to provide you with information on relevant policies, regulations, and procedures, and to identify potential issues relevant to the proposed project. Moreover, the information, pertinent policies or recommendations provided herein are advisory only and shall not constitute or be construed as an approval or denial of a land use or a development permit by the City. Accordingly, the City's Design Review Committee (DRC) consisting of staff from the Planning Division, Engineering Division, Building & Safety Division, Fire Department and Elsinore Valley Municipal Water District have reviewed your application and provided comments that are included in this letter and the attachments for your reference. If you have questions about this letter, please contact me at Tamara.Harrison(@mbakerintl.com. Sincerely, Tamara Harrison Contract Planner Enclosures Engineering Comment Memo dated August 19, 2024 PAR 2024-0003 Letter August 22, 2024 Page 2 of 5 Fire Comment Memo dated August 21, 2024 Building and Safety Comment Memo Comments on Proposed Incentives/Concessions and Waivers Memo dated August 21, 2024 Planning Division Comments 1. General Plan Compliance: The project site is located in the General Plan's Commercial Mixed Use Land Use Designation. This designation provides for a mix of residential and non- residential uses within a single proposed development area, with an emphasis on retail, service, civic and professional office uses. Residential uses are allowed in a subordinate capacity. The FAR for non-residential uses is 0.80 and a minimum of 50% of the total floor area shall be commercial uses. Residential densities shall be between 7 and 18 dwelling units per net acre. The proposal shall comply with the City's General Plan. Please see attached "Comments on Proposed Incentives/Concessions and Waivers" memo dated August 21, 2024. 2. Zoning Designation: The project site is located in the Commercial Mixed Use (CMU) district. The intent of the CMU district is to accommodate a development opportunity that offers a mix of land uses in a compact, high quality, pedestrian-friendly, interactive pattern. Commercial mixed-use districts are characterized by interconnected streets, wide sidewalks, outdoor public spaces and activities. The project shall comply with the development standards set forth in Chapter 17.134 of the LEMC notwithstanding any requested incentives/concessions or waivers pursuant to the State Density Bonus Law (Government Code Section 65915). 3. SB 330 Application: As this proposal will be an SB 330 application along with a State Density Bonus request, please note that the LEMC requirements indicated may be modified based on the ultimate requested and allowable incentives/concessions or waivers. See attached "Comments on Proposed Incentives/Concessions and Waivers" memo dated August 21, 2024, attached. 4. Required Entitlements: Based on the current proposal, the following entitlement applications will be required: • Tentative Tract Map • Major Design Review: Based on the current proposal, a Residential Design Review will be required. If the proposal includes commercial building(s), a Commercial Design Review will also be required in addition to. • Conditional Use Permit (CUP): Note that a CUP will be required if the proposed townhomes are intended to be for sale condominium dwelling units. In addition to the above applications, an application for a State Density Bonus will also be required to be formally submitted. The Density Bonus application should at a minimum also include details on the percentage of affordable housing to be provided, type of affordable housing (rental versus ownership), level of affordability (low or very-low income), and the affordability terms. PAR 2024-0003 Letter August 22, 2024 Page 3 of 5 5. The proposal shall be consistent with Title 16, Subdivisions, of the LEMC. 6. Photo Simulations: As part of your formal Planning Application submittal, provide 3D photo simulations/renderings for the proposal. 7. Site Circulation and Parking: As a part of your formal Planning Application submittal, provide a parking calculation table demonstrating the total required parking spaces and the total proposed parking spaces. This table can be added to the Site Plan or as part of the Cover Sheet. Parking requirements can be found in Chapter 17.148 and Section 17.134.070 of the LEMC. Tandem parking may be allowed for residential uses with the approval of the Director of Community Development. Also, note any parking reduction(s) proposed through the State Density Bonus as applicable. 8. Conceptual Landscape Plan: As part of your formal Planning Application submittal, provid'./e a conceptual landscape plan. The landscape plan shall be designed to meet the standards set forth in: • The City of Lake Elsinore's Landscape Guidelines • Parking Landscape and Buffering Standards per LEMC Section 17.148.100 • The Water Efficient Landscape Requirements per LEMC Section 19.08 9. Residential Development Standards: The proposed project shall comply with Chapter 17.44 of the LEMC. 10. Design Guidelines: • The proposed single-family dwelling units shall be consistent with the City's Single_ Family Residential Design Guidelines and Section 17.44.130 of the LEMC. • The proposed multi-family dwelling units shall be consistent with Section 17.44.140 of the LEMC. However, it is acknowledged that the project submitted a pre-application pursuant to SB 330. In which case, the multi-family dwelling units shall be consistent with the adopted objective design standards (ODS). Be aware that at this time, the City is in the process of adopting their ODS. 11. Design Review Comments: • The proposed plan set shall clearly provide the overall net acreage of the subject site as well as the net acreage for each component of the project. Currently, only gross acreages have been provided. Density standards for residential uses are considered on a net acreage basis. • For clarity purposes, upon formal submittal, the plan set sheets should clearly indicate whether or not the proposed townhomes will be for sale units. • Per Section 17.134.040 of the LEMC, for a mixed use horizontal development, the minimum lot area required for each dwelling unit is 1,815 square feet of net lot area per unit, with a maximum residential density of 7-18 dwelling units per acre. Upon formal submittal, please include a chart that provides the net lot area for each proposed single-family lot. • Per the City's Single-family Residential Design Guidelines, the following shall be adhered to: i. Substantially vary front yard setbacks. No more than two adjacent residences should have the same setback; minimum setback variation should be 3 feet. PAR 2024-0003 Letter August 22, 2024 Page 4 of 5 ii. Vary garage openings or entries, such as side entry, detached and semi- detached, rear entry, etc. iii. Maximum 800-foot straight section to avoid long straight streets. iv. Avoid identical or similar elevation schemes plotted on adjacent lots or across the street from one another. v. Avoid identical or similar elevation schemes plotted on adjacent lots or across the street from one another. vi. As currently proposed, the single-family detached residential homes appear boxy and should incorporate additional articulation and variation in an effort to avoid flat wall planes. In addition, roof lines should be varied and broken up so as not to create large masses. vii. Elevations that provide additional architectural details and enhancements shall be provided for those elevations that are visible form the public right of way. viii. Additional articulation and architectural features shall be added to the clubhouse building as well. • Per Section 16.20.070 of the LEMC, blocks shall not be less than 250 feet in length. In addition, blocks shall not be over 2,700 feet in length, except along major highways, or where topographical conditions or previous highway or street layouts require a different length. • Upon formal submittal, provide additional details as to how trash collection circulation will work for the proposed townhome units. • Additional details are needed regarding the queuing/stacking capacity for the primary gated entry located along Dexter Avenue. This entry should be designed in a manner that prevents vehicles from stacking on the street. 12. EVMWD Requirements: A due diligence meeting with the Elsinore Valley Municipal Water District (EVMWD) will be required to be completed for the project. Please contact EVMWD to schedule the meeting. Refer to Comment No. 15 below for their contact information. 13. CEQA: An initial study will be required to be completed and all the technical studies will need to be completed to determine the necessary environmental review. The following technical studies are anticipated as necessary: • Air Quality Analysis • Biological Resources/MSHCP Consistency Analysis • Greenhouse Gas Analysis • Noise Study • Paleontological/Archeological Assessment • Cultural Resources Assessment • Vehicle Miles Traveled (VMT) Analysis • See Engineering comments for any additional requirements 14. Development Impact Fees: The project will be subject to the following development related fees at various milestones during the development process (please note that the following fees are separate from any necessary Planning application fees): • Drainage District Fees (if subject site is within any drainage district as designated in the Master Drainage Plan as detailed in Chapter 16.72 of the LEMC • Development Impact Fees as detailed in Chapter 16.74 of the LEMC PAR 2024-0003 Letter August 22, 2024 Page 5 of 5 • Major Thoroughfare and Bridge Fee Program as detailed in Chapter 16.78 • Western Riverside County Transportation Uniform Mitigation Fee Program as detailed in Chapter 16.83 of the LEMC • Local Development Mitigation Fee for Funding the Preservation of Natural Ecosystems (Multiple Species Habitat Conservation Plan) as detailed in Chapter 16.85 • School Fees as determined by the Lake Elsinore Unified School District 15. Other Department/Agency Comments: Comments from the following agencies/departments are attached to this letter: • Engineering Division: Contact Paul Fizer for assistance at (951) 674-3124, Ext. 804 or Pfizer lake-elsinore.org • Fire Department: Contact Traci Williams for assistance at (951) 674-3124, Ext. 228 or twilliams(cDlake-elsinore.org • Building & Safety Division: Contact Bill Belvin for assistance at (951) 674-3124, Ext. 286 or bbelvin lake-elsinore.org BUILDING AND SAFETY DEPARTMENT General Conditions B-1. Final Building and Safety Conditions. Final Building and Safety Conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes, which are enforced at the time of building, plan submittal. B-2. Compliance with Code. All design components shall comply with applicable provisions of the 2022 edition of the California Building,Plumbing and Mechanical Codes: 2022 California Electrical Code; California Administrative Code, 2022 California Energy Codes, 2022 California Green Building Standards, California Title 24 Disabled Access Regulations, and Lake Elsinore Municipal Code. B-3. B-4. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of common area. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash enclosure tot lots and picnic areas. B-5. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi-family residential projects or a recorded final map for single- family residential projects. It takes 10 days to issue address and notify other agencies. Please contact Sonia Salazar at ssalazar&lake-elsinore.org or 951-674-3124 X 286 B-6. Clearance from LEUSD. A receipt or clearance letter from the Lake Elsinore School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. B-7. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. B-8. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-9. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. Septic systems will need to be approved from Riverside County Environmental Health Department before permit issuance. B-10. House Electrical Meter. Applicant shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal B-11. Must submit Grading Plans to Engineering prior to Building. Building will not accept plans if they have not been submitted to Engineering first. Submitting Plans and Calculations. Applicant must submit to Building and Safety online portal for electronic plan check and permitting: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 5.507, of the 2022 edition of the California Green Code. c. A precise grading plan to verify accessibility for the persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) B-12. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. B-13. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Asbestos report and lead base paint reports are required before demo permit will be issued. Prior to Issuance of Building Permit(s) B-14. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Provide C.D. of approved plans to the Building Division. Prior to Beginning of Construction B-1 S. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction. CITY OF LADE LLSINORE ENGINEERING DEPARTMENTS DREA PAR 2024-03 Dexter Village —APN 377-090-013, -037, -039, -040 DRC Date: August 19, 2024 PRE-APPLICATION PRE-APPLICATION COMMENTS: 1. The conceptual site plan appears to be inaccurate in regard to roadway right-of-way lines as noted within the submitted plan documents. Please review and revise appropriately. 2. Most required right-of-way dedications along the project's frontages have been noted appropriately; however, the project will be required to dedicate on Second Street such that the right-of-way is 45' from centerline. Second Street is classified as a 90'full width right-of-way and 70' curb-to-curb. As it currently stands the right-of-way is incorrect and will ultimately affect the residential footprint. 3. It important to note that the corner cut off dedications will be required and are not currently shown. Corner cut offs should be considered not only at property corners but also at driveways. This may have an impact on building setbacks, parks, and/or water quality BMP footprints. 4. Project is required to submit Civil Engineering conceptual plans, tentative map(s), updated soils report and hydrology report for the newly modified development project. Reports are required to reference current code standards. 5. Due to the deficiency in adequate parking spaces the project will be required to provide a parking analysis study for the project site. 6. Is the project proposed to be a phase project or to occur all at one time? a. If phased, provide a phasing plan and detail the specifics to include secondary access at all times. 7. How does the project plan to address the water quality for the site and ultimately, will it affect your site footprint?The proposed facilities appear inadequate for the impervious footprint created. 8. Project requires submittal of a Preliminary WQMP a. Site flows will drain towards Temescal Creek/Santa Ana River and will not qualify for the "Highest and Best Use" exemption. b. Approved Preliminary WQMP due prior to Planning Commission. c. Approved Final WQMP due prior to grading permit or final map, whichever occurs first. d. All runoff from site shall be treated for pollutants of concern prior to release. e. If proprietary systems (MWS units) are proposed, the project must provide infeasibility analysis in the preliminary WQMP to show that LID BMPs are not feasible. Per the MS4 permit,the proprietary systems are considered as Alternative Compliance and not as a LID BMPs. f. It is recommended to have a pretreatment facility upstream of the underground basins. 9. Project is required to detain the incremental 10-year pre-and post-development difference. CITY OF LADE LLSINORE ENGINEERING DEPARTMENTS DREA PAR 2024-03 Dexter Village —APN 377-090-013, -037, -039, -040 DRC Date: August 19, 2024 PRE-APPLICATION 10. Project will be conditioned to coordinate and receive approval of any future 78" storm drain line connection(s)with Riverside County Flood Control. 11. The project will be required to complete a Traffic Scoping Agreement for review and approval. a. Once Scoping Agreement is approved, a Traffic Impact Analysis will need to be submitted for review and approval. 12. Project is required to construct at minimum half-width improvements along the property's frontage including but not limited to curb, gutter, sidewalk, streetlights, driveways, utility undergrounding and/or relocations. 13. Project is required to indicate on the site plan the type of access the project is proposing for each driveway. For each drive, please indicate full access, right-in/right-out, etc. 14. Ensure proper sight distances meet City(or Caltrans)standard for each driveway and intersection. Placement of utility facilities and landscaping shall not obstruct sight distances. Please provide horizontal and vertical sight distance exhibits for each driveway. 15. All utilities except electrical over 34.5 kV shall be placed underground, as approved by the serving utility. Please note SCE has installed a new sub-transmission line on Third Street as part of the Valley Ivy Glen Project. 16. Installation of streetlights along Dexter Avenue, Second Street, and Third Street will be required. Streetlight system shall be a LS-213 system. Location and pole specifications may be determined at design stage. 17. It is recommended to coordinate with SCE early and often in the development process to review load forecasts and start advanced engineering study to determine the method and scope for providing service. 18. Project is required to provide a maintenance exhibit in the next submittal showing responsible in charge for each component of the project. 19. Project is required to address the redlines provided in the plan set and a response to each redline acknowledging or addressing the redline issue. 20. Project is required to provide a current title report (within the last six months) for the initial project submittal. 21. Additional comments will follow upon further information provided. RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION 130 South Main Street, Lake Elsinore, CA 92530• Phone(951)674-3124 www.rvcfire.org PROUDLY SERVING THE UNINCORPORATED AREAS OF RIVERSIDE COUNTY AND THE CITIES OF: BANNING Planning Case Comments BEAUMONT August 21, 2024 COACHELLA CASE: PA 2024-03 DESERT HOT SPRINGS EASTVALE PAR 2024-0003 INDIAN WELLS Dexter Village APNs: 377-090-013, 377-090-037, 377-090-039, 377-090-040 INDIO JURUPA VALLEY LAKE ELSINORE PLANNER: Tamara Harrison, Contract Planner LAQUINTA Nancy Huynh, Principal Planner MENIFEE REVIEWED BY: Traci Williams, Fire Marshal MORENO VALLEY NORCO The Fire Department has reviewed this submittal and provides the following PALM DESERT comments for the applicant's consideration. PERRIS RANCHO MIRAGE 1. Indicate whether a parcel merger, lot line adjustment or reciprocal RUBIDOUX CSD access will be provided. SAN JACINTO 2. Note that parcel 377-090-013 is in a High Fire Area. Minimum design TEMECULA and construction requirements for structures and access that lie within the HFA shall be applied to all proposed roads and buildings in this area. WILDOMAR This shall be noted on all subsequent plans and submittals. 3. Due to the project being in a High Fire Area, a fuel modification plan and SUPERVISORS: rep e req rep e submitted directly BOARD report will b required. This technical report will be dit) to S KEVIN JEFFRIES the Fire Department for review and approval. DISTRICT 1 4. The applicant or developer shall provide fire hydrants in accordance with KAREN SPIEGEL the following: DISTRICT 2 CHARLES WASHINGTON a. Prior to placing any combustibles on site, provide an approved DISTRICT 3 water source for firefighting purposes. V.MANUAL PEREZ DISTRICT b. Prior to building permit issuance, submit plans to the water DR.YXSTIAN GUTIERREZ district for a water system capable of delivering fire flow as DISTRICT 5 required by the California Fire Code and Fire Department standards. Fire hydrants shall be spaced in accordance with the California Fire Code. Hydrants must produce the required fire flow per the California Fire Code. c. Fire flow shall be determined by the building of the single largest square footage. The minimum fire flow be 1,500 GPM at 20 PSI for a 2-hour duration, per the 2022 California Fire Code for a building with Type V-B construction. Final fire flow will be determined when square footage is provided. 5. Prior to building permit issuance, install the approved water system and contact the Fire Department for a verification inspection. 6. Fire Sprinkler Systems: all residential occupancies shall have fire sprinkler systems in accordance with the California Residential Code, California Fire Code, and local ordinances. 7. Fire apparatus access: the California Fire Code requires fire apparatus access to within 150 feet of all portions of all buildings. Where apparatus access roads exceed 150 feet in length, an approved turnaround is required. The dimensions of this access shall be a minimum of 24' wide and shall be shown as a shaded or hash-marked area on the submitted building plans. All minimum access requirements are as found in Riverside County Fire Department Guideline OFM-01A- Fire Department Access Requirements for Commercial & Residential Development 8. If street parking is to be proposed, the additional width shall be coordinated with the Engineering department to accommodate the necessary added street width. 9. Buildings >_ 30 Feet in Height - To protect fire apparatus, personnel, and equipment from damage and injury from falling debris, the edge of fire apparatus access roads shall be located no closer than 10 to 30 feet from the building, the actual distance being a function of overall building height with consideration given to building construction, presence of openings, and other potential hazards. 10. Fire Truck Deployment Areas - To ensure that fire apparatus mobility on properties with buildings > 30 feet in height is maintained at all times, Fire Truck Deployment Areas shall be provided along the road to permit fire apparatus to pass Fire trucks that have outriggers extended. Consideration shall be given to the length of the road, roof and building design, obstructions to Iaddering, and other operational factors in determining the number, location, and configuration of Fire Truck Deployment Areas. Fire Truck Deployment Areas are typically required on at least two sides of the building. Road widths adjacent to Fire Truck Deployment Area shall be a minimum of 34 feet. 11. Width of Fire Apparatus Access Roads - The minimum clear width of a fire apparatus access road is 24 feet. Where a center median is installed, the required access road width of 24 feet shall be provided on at least one side of the median. The opposing access road width shall not be less than 16' for the single directional exit. The design and placement of a raised median shall consider turning radius requirements for emergency response vehicles. Clarify how traffic will circulate with the current design of the median. 12. Inside and Outside Turning Radii - The minimum inside turning radius for an access road shall be 24 feet. The minimum outside turning radius shall be 45 feet. As fire apparatus are unable to negotiate tight "S" curves, a 60-foot straight leg must be provided between these types of compound-turns or the radii and/or road width must be increased accordingly. 13. Dead-end Access Roads - Dead-end roads in excess of 150 feet shall be designed and constructed with an approved cul-de-sac bulb turnaround or approved hammerhead. Turnarounds shall meet the turning radius requirements identified. The minimum cul-de-sac radius is 45 feet with no parking allowed. Parking is allowed if the radius is increased by 8 feet. Dead end fire apparatus access roads shall not exceed 1320 feet in length. 14. Fire apparatus access roads serving commercial or residential development shall be designed, constructed, and maintained to support the imposed loads of RVC fire apparatus with a total weight of 80,000 pounds. Apparatus weight is distributed as 55,000 pounds on tandem rear axles and 25,000 pounds on the front axle. 15.Roads and gates must meet Engineering Department and Fire Department standards at the time of building permit application. Electric gates must have a Knox rapid entry system and an infrared opening device. Gates must be set back a minimum of 46' from any major street. 16. The surface shall be designed, constructed, and maintained to provide all-weather driving capabilities. A letter or statement, wet-stamped and signed by a registered engineer, shall be provided on the plans certifying that any new road meets this 80,000, all-weather requirement. Road- base without an appropriate topping or binding material does not satisfy the all-weather requirement. 17. Multi-family residential projects require two points of access/egress. Primary and secondary access shall lead to a main circulatory road, be independent of one another and intersect at no point. Label primary and secondary access on the plan. 18. Indicate whether this project is to be phased. If a phased project is proposed, primary and secondary access shall be established at each phase and phasing maps will be required. 19.The proposed project is expected to have a cumulative adverse impact on the fire department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures, traffic, and population. The project applicants/developers will be expected to provide proportional mitigations to these impacts via capital improvements and/or impact fees. Upon additional impact analysis, the applicants/developers may be required to enter into an agreement with the City to offset costs and impacts. These comments are preliminary; further review will occur upon receiving additional plans. Additional requirements may be necessary at that time. Please feel free to contact me with any questions. CITY OF ��� LADE LSI110RE L DREAM EXTREME, August 21, 2024 VIA EMAIL gwalters@fairbrookcommunities.comJ James Walters Fairbrook Communities, LLC 18100 Von Karman Avenue Irvine, CA 92612 RE: Comments on Proposed Incentives/Concessions and Waivers for Planning Application No. 2024-0003 (DEXTER VILLAGE PRE-APPLICATION REVIEW) Dear Mr. Walters: State Density Bonus Law affords significant inducements to developers to include affordable housing as part of their projects in the form of"concessions or incentives"and "waivers or reductions of development standards." (Gov. Code § 65915, subds. (d) and (e).)While all are a form of benefit or inducement, the statute distinguishes between "incentives or concessions" and "waivers or reduction of development standards." A concession or incentive is defined as: • A reduction in site development standards or a modification of zoning code or architectural design requirements, including a reduction in setback or minimum square footage requirements; • Approval of mixed-use zoning; or • Other regulatory incentives or concessions which result in identifiable and actual cost reductions. (Gov. Code § 65915, subd. (k)(1 ).) The intent of concessions and incentives is to lower the cost of the construction of housing in order to provide for the affordable housing. The number of required incentives or concessions is based on the percentage of affordable units in the project. (Gov. Code § 65915, subd. (d)(2)). Unlike incentives and concessions, waivers are unlimited, and their purpose is to remove developments standards that have the effect of physically precluding the construction of the density bonus project. Development standards which have commonly been waived or reduced include setback, lot coverage, open space requirements, and building height limits. In regard to this Project, assuming it otherwise qualifies for a density bonus, the developer has requested the following waiver: The project will waive the CMU zone requirement for commercial floor area, use an incentive to deviate from the presumed Camino Del Norte Widening request, and take advantage of the parking ratio specified by the Density Bonus Law. The CMU zone requires that "[f]ifty percent or more of the project's gross floor area shall be devoted to commercial uses within the CMU zone." (LEMC § 17.134.080(C).) The project would waive this requirement as the development standard would have "the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the CITY OF ��� LADE LSI110RE L DREAM EXTREME, concessions or incentives permitted by" the Density Bonus Law. (Gov. Code § 65915(e)(1).) In requesting to eliminate commercial uses in a commercial mixed use zone, the City understands this request to be a de facto change in zoning from Commercial Mixed Use (CMU) to Residential. As noted above, the definition of a concession or incentive includes "a modification of zoning code." The City stands by its position that the maximum development density can be achieved on the project site under the existing CMU zoning; it is the developer that has elected to construct both more expensive and lower density single family homes. Thus, it is the Project's product mix and not the City's zoning code that is precluding maximum density on the Project site. Accordingly, the City does not concur that a change in zoning to residential qualifies as an waiver. Instead, it is properly characterized as an incentive/concession request. The developer has also requested the following incentive/concession. Based on prior discussion with the City, the applicant understands that the City will request contribution towards the widening of Camino Del Norte. The project will use an incentive to deviate from any requirement to construct the Camino Del Norte widening. An incentive is appropriate as it would "result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, ...." (Gov. Code § 65915(d)(1).) The City does not agree that requirements to mitigate a project's off-site impacts or otherwise contribute development impact fees as falling within the scope of "other regulatory incentives or concessions which result in identifiable and actual cost reductions." Forgiveness of fees is not a "regulatory incentives" but rather a direct financial incentives which the City is not compelled to provide under the State Density Bonus Law. Moreover, the development of the Project coupled with the existing lack of capacity of Camino del Norte (a two-land road) poses a critical constraint to the ability of police and fire to respond to emergencies in not just the Project but also to surrounding neighborhoods and businesses. Accordingly, it is the City's position that the need for the Project to provide a fair-share contribution to the widening of Camino del Norte does not qualify for either a waver or an incentive.