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SPR No. 2022-03, TTM No. 2022-02, and DBA No. 2022-02 – Cabrillo Crossing June 27, 2022 Page 5 2 7 4 1 Density Bonus Agreement In addition, Section 41-1607 of the Santa Ana Municipal Code requires an application for a density bonus agreement containing “deviations” (incentives/concessions and/or waivers) to be approved by the Planning Commission. The following subsections analyze the applicant’s request for both the Site Plan Review and the Density Bonus Agreement applications. The MEMU regulating plan requires that publicly-accessible open space be provided along main street-facing façades. Because the project has frontage on only one street, meeting this requirement would result in the building being pushed back significantly from First Street and would render almost the first 1/4 of the site’s depth unusable for building area, resulting in the developer reducing the number of unit or reducing the square footage for private or common open space area. Moreover, in order to maintain the current proposed unit count, the developer would be required to construct additional levels, resulting in a different type of construction (steel-frame/Type I versus wood/Type III), further increasing development costs. If the publically accessible open space standard were applied as written, the result would be a significant loss of units and parking area. Pushing the building back would also reduce the contribution to creating a more urban, walkable environment. The Applicant intends to compensate for this reduction by designing the community so that each unit contains ample onsite private open space and by providing a commercial component along First Street that will activate the street frontage. When analyzed cumulatively, the requested concession could be avoided if the project were constructed using a different site plan and building type. If the project were designed with a multi-level parking and/or subterranean parking structure, or if the applicant used different building materials (non-combustible, Type I) to construct a taller project, additional area on site would become available to provide the publicly-accessible open space. However, these changes would increase development costs, resulting in the affordable housing project becoming financially infeasible due to the significantly- increased financial implications of using Type I construction. Tentative Tract Map Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act, applications for tentative tract maps are approved when it can be shown that findings can be made in support of the request. Specifically, findings related to the proposal need to be made that find the project is consistent with the General Plan, the site is physically suitable for the type and density of the proposed project, the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat, the proposed 6/27/2022 Planning Commission 2 –5