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2.2 Density Bonus. The Project shall have two -hundred and twenty (220ZUnits, <br />including eleven (11) Affordable Units, to be rented, occupied, operated, and maintained pursuant <br />to the terms and conditions of this Agreement. Developer understands and agrees that Developer <br />is not utilizing a density bonus increase provided by the State Density Bonus Law or City Density <br />Bonus for Affordable Housing. However, Developer is only proposing two -hundred and twenty <br />220 Units, so Developer shall not construct or develop, or otherwise claim a right to construct or <br />develop any additional State and/or City Density Bonus Units on the Property. <br />2.3 Development Incentive. As set forth in the City entitlements, Developer petitioned <br />for and was granted the following reduced parking ratios as provided for in Government Code Sec. <br />65915(p)(1) as part of the approval of Site Plan Review No. 2019-01 for the Project: <br />2.3.1 The onsite parking standards for the Project shall be reduced from 2.15 <br />panting spaces per unit to 1.51 spaces per unit pursuant to California Government Code sections <br />65915(p)(1) and 65915(p)(4), which provides onsite parking at the ratio of one (1) stall for studio <br />or one -bedroom units, and two (2) stalls for two- to three -bedroom units, for a total of 332 onsite <br />parking spaces for the Project. <br />2.4 No Further Concessions or Incentives. Developer acknowledges and agrees that <br />the incentive set forth in section 2.3 above fully satisfies any duty City may have under the Santa <br />Ana Municipal Code, the Density Bonus Law, or any other law or regulation to provide any <br />development incentive or to waive any building, zoning, or other requirement in return for <br />providing Affordable Units. By this Agreement, Developer releases any and all claims Developer <br />may have against City in any way relating to or arising from City's obligation to waive <br />requirements of or provide development incentives pursuant to any state, federal, or local law, rule, <br />or regulation applicable to the Project. <br />2.5 Unrestricted Units. The Project, for purposes of this Agreement, may have no more <br />than two -hundred and nine (209)—Unrestricted Units comprised of forty-two (42) studio units, <br />ninety-six (96) one -bedroom units and seventy-one (71) two -bedroom units. Any change to the <br />unit distribution of the Unrestricted Units may affect the comparability of the Affordable Units <br />and is subject to City Manager approval. <br />2.6 Affordable Units. The Project, for purposes of this Agreement, shall have no less <br />than eleven (11)_Units, which shall be comprised of three (3) studio units, four (4) one -bedroom <br />units, and four (4) two -bedroom units, designated as Affordable Units pursuant to the terms and <br />conditions of this Agreement. The Affordable Units shall be consistent with all City approvals, <br />comparable in bedroom distribution and amenities to the Unrestricted Units, and shall be located <br />throughout the Project as required under Santa Ana Municipal Code section 41-1602(c)(6). <br />2.7 Minimum Development Standards for Affordable Units. The Affordable Units <br />shall be constructed with the same exterior appearance and interior features, fixtures, and <br />amenities, and shall use the same type and quality of materials as provided for any Unrestricted <br />Units. <br />5 <br />