60A - TOLL BROS BONUS DENSITY AGMT

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Site Plan ReviewNo. 2019-01and Density Bonus Agreement No. 2019-01–Fourth and Main Mixed-Use Residential and Commercial Development November 19, 2019 Page 5 proposed mixed-use development, which is thefirst major mixed-use, mixed-income development proposed in Downtown Santa Ana since the Transit Zoning Code was adopted in 2010. Since submitting the application, the applicant has met with nearby neighborhood associations, business leaders, historic preservation groups, and other interested parties. A full list of neighborhood outreach efforts and details on the Sunshine Ordinance community meeting is provided in Table 2 of this report. Option to Preserve Onsite Building Facades Following extensive input by local historic preservation groups and coordination among historic preservation groups, the developer, historic preservation advocates, and the City, the applicant has agreed to a careful and phased demolition of the buildings. Specifically, the applicant will remove façade additions to the Orange County Title Company building, which was constructed in the early 1930s, in order to determine the integrity of the original façade and interior components. Once removed, the applicant will employ consultants and historic preservation architects to prepare a report determining the feasibility of preserving the underlying facades and incorporating them into the project. Should portions of the Orange County Title Company building be intact and it is determined to be feasible to incorporate façade portions into the project, the applicant has prepared an alternative to the proposed project that would preserve up to 50 feet of the Main Street and Fifth Street facades of the Orange County Title Company building to serve as the façade and entry to the leasing office for Site A. This change would result in minor changes to the project, including the loss of two (2) residential units and their associated parking spaces. In addition, the developer has agreed to preserve intact interior building elements into the alternative, including decorative items and building components. Exhibits 7a and 8ain the Planning Commission staff report illustrate the façade preservation alternative. Housing Opportunity Ordinance Compliance The City’s inclusionary housing ordinance, known as the Housing Opportunity Ordinance (SAMC Sec. 41-1900 et seq.) applies to housing projects proposing five or more units that are also requesting an increase in allowable density or are in certain sections of the City that were “up- zoned” to allow additional residential development pursuant to an overlay zone or after November 28, 2011. As the proposed project is located in a section of the Transit Zoning Code area that was zoned for mixed-use development in July 2010 and is not in an overlay zone, and as the project does not propose an increase in allowable density, the Housing Opportunity Ordinance requirements of production of affordable housing do not apply to the proposed development. Conformanceto Transit Zoning Code Development Standards The California Density Bonus law allows developers proposing five or more residential units to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law allows developers to seek up to three incentives/concessions and an unlimited number of waivers, which are essentially variances from development standards that would help the project be built without significant burden and without detriment to public health. The first version of the Density Bonus Law