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Project shall be subject to the covenants and restrictions set forth in the Density <br />Bonus Agreement. <br />F. The total affordability term in the Density Bonus Agreement states that each <br />affordable unit shall be restricted for sale to an eligible household for a total period <br />of no less than forty-five (45) years. To maintain this project as a for sale project, <br />the Applicant also requested and received approval of TTM No. 2023-05, for <br />condominium purposes, ensuring that the project qualifies as a Housing <br />Development, and the Project meets the definition of a Common Interest <br />Development. <br />G. The Project entails, among other improvements; (1) development of the <br />Project Site with three duplex buildings with six (6) for -sale housing units proposed <br />as affordable to lower -income households, 10,882 square -feet of total new floor <br />area, and 15 onsite parking spaces; and (2) approval of Density Bonus Agreement <br />(DBA) Application No. 2024-01. <br />H. The California Density Bonus law allows developers to seek increases in base <br />density for providing on -site housing units in exchange for providing affordable units <br />on site. To help make constructing on -site affordable units feasible, the law allows <br />developers to seek incentives/concessions or waivers that would help the project be <br />built without significant burden and without detriment to public health. <br />I. The Applicant's request has been thoroughly evaluated by the City's <br />Development Review Committee (DRC) through Development Project No. 2023-12. <br />Through this review, the DRC has considered the subject site, proposed <br />development, and the Applicant's requests for incentives/concessions and waivers <br />pursuant to the State's Density Bonus Law. <br />J. The Project is entitled to a density bonus that will allow six (6) total residential <br />units, developed as three (3) duplex buildings, based upon the restrictions set forth <br />in the DBA to restrict the sale of the units to households that qualify as low income. <br />Pursuant to the California Density Bonus law, a project's affordability level is <br />determined by dividing the number of proposed affordable units by the allowable <br />"base" density (i.e., 7 du/ac). Moreover, the law states that units added by a density <br />bonus are excluded from the calculations. The base density for the 0.37-acre site <br />at 7 du/ac is 3 units. All six units of the project are proposed to be affordable to low <br />income households. Therefore, the project would have a 100-percent affordability <br />rate. As such, State density bonus law allows the developer to request a density <br />bonus of 80 percent. <br />K. Section 41-1607 of the Santa Ana Municipal Code (SAMC) requires an <br />application for a density bonus agreement containing deviations <br />(incentives/concessions and/or waivers) to be approved by the Planning <br />Commission. <br />Resolution No. 2024-036 <br />Page 2 of 11 <br />