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RESOLUTION NO. 2024-036 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA APPROVING DENISTY BONUS AGREEMENT <br />APPLICATION NO. 2024-01 AS CONDITIONED FOR A NEW <br />FOR -SALE RESIDENTIAL DEVELOPMENT WITH SIX UNITS <br />FOR THE PROPERTY LOCATED AT 1921 W. <br />WASHINGTON AVENUE (APN: 405-101-37) <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />A. Habitat for Humanity of Orange County (Applicant & Property Owner) is <br />requesting approval of Density Bonus Agreement (DBA) Application No. 2024-01 <br />to facilitate the construction of a for -sale residential development (Project), <br />consisting of six (6) units proposed as affordable to lower -income households <br />earning less than 80 percent of the area median income (AM[) for the property <br />located at 1921 W. Washington Avenue (Project Site). <br />B. Applicant requests approval of this DBA under California Government Code <br />§ 65915 (the "Density Bonus Law") because the Project will operate as a common <br />interest development and consists of 100% affordable for -sale units to lower - <br />income households. <br />C. Pursuant to Section 4100 of the California Civil Code, the Project meets the <br />definition of a Common Interest Development, which includes a condominium <br />project, as further defined in Section 4125 of the California Civil Code. Therefore, <br />the project qualifies as a Housing Development, as defined in the California <br />Government Code Section 65915 (i), and is eligible for a density bonus. <br />D. As part of the overall process, the City and Applicant have entered into a <br />Conditional Grant Agreement, pursuant to which, City agreed to provide a grant <br />(the "Inclusionary Grant") in an amount up to Two Million Two Hundred Thousand <br />Dollars ($2,200,000) to the Applicant for a residential homeownership project that <br />involves construction of six (6) affordable housing units restricted for sale to low <br />income households. <br />E. As a condition of receiving the Inclusionary Grant, the Applicant agrees that <br />a Regulatory Ag reement Imposing Affordable Housing Covenants and Restrictions <br />("Density Bonus Agreement") shall be recorded against the Project Site prior to <br />disbursement of any portion of the Inclusionary Grant and that the Project Site and <br />Resolution No. 2024-036 <br />Page 1 of 11 <br />