Item 31 - Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.)

Home Browse Search

2.2 Density Bonus. The base density for the Property is seventeen (17) dwelling units. By agreeing to provide two (2) Affordable Units, Developer understands and agrees that the State Density Bonus Law would allow a maximum density bonus of thirty-five percent (35%), which would equate to six additional units. Pursuant to this Agreement, Developer proposes and agrees to a Project that includes only five (5) additional Units ("Density Bonus Units"). Accordingly, the Project shall have twenty-two 22) Units, including two 2 Affordable Units, to be rented, occupied, operated, and maintained pursuant to the terms and conditions of this Agreement. Developer shall not construct or develop, or otherwise claim a right to construct or develop, any additional Units on the Property. 2.3 Development Incentives and Waivers. Developer petitioned for concessions, incentives, and waivers, and has been granted the following, as part of the approval of Density Bonus Application (DBA) No. 2023-02 for the Project: 2.3.1 Concessions. In accordance with Government Code Section 65915 (d)(1)(2)(B), Developer is granted the following concessions: (a) Relief from the 15-percent minimum common open space requirements as set forth in Table 3-9 (Onsite Open Space Requirements) as part of the Harbor Mixed -Use Transit Corridor Specific Plan (SP-2). (b) Relief from the frontage design types within the Corridor land use district, as set forth in Table 3-4 (Frontage Floor Height Minimums and Districts) as part of the Harbor Mixed -Use Transit Corridor Specific Plan (SP-2). 2.3.2. Waivers. In accordance with Government Code Section 65915(e)(1), Developer is granted the following waivers: (a) A waiver of the minimum lot width requirement of between 125 feet and 200 feet for Stacked Dwellings, as set forth in Table 3-3 (Building Type and Form) as part of the Harbor Mixed -Use Transit Corridor Specific Plan (SP- 2), provided that the lot width is a minimum of 100 feet. (b) A waiver of the requirement for two-thirds of the common open space area to be open to the sky and placed at the rear or side yard, or in the front as a forecourt, as part of the Harbor Mixed -Use Transit Corridor Specific Plan (SP-2), provided that at least five -percent (5%) of the lot is open to the sky. 2.3.3. Parking Requirements. The Project's onsite parking shall comply with Government Code section 65915(p)(2)(A). No additional parking concession is requested or provided. The Project will provide twenty-two (22) total onsite parking spaces or one (1) space per one -bedroom and two -bedroom units. 2.4 No Further Concessions or Incentives. Developer acknowledges and agrees that the incentives, concessions, and waivers set forth in section 2.3 above fully satisfy any duty City may have under the Santa Ana Municipal Code, the Density Bonus Law, or any other law or 5