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VTTM No. 2025-02 and DBA No. 2025-02 — Santa Ana 9 Townhomes (125 and 205 S. <br />Harbor Blvd.) <br />June 3, 2025 <br />Page 8 <br />A. The project meets one of the following criteria, and the project developer <br />provides sufficient legal commitments to the appropriate local agency to <br />ensure the continued availability and use of the housing units as set forth <br />below at monthly housing costs determined pursuant to paragraph (3) of <br />subdivision (h) of Section 65589.5 of the Government Code. <br />1) At least 10-percent of the housing is sold to families of moderate <br />income, or <br />2) Not less than 10-percent of the housing is rented to families of low <br />income, or <br />3) Not less than 5-percent of the housing is rented families of very low <br />income. <br />B. If the project does not result in housing units being available as set forth in <br />subdivision (A) above, then the project developer has paid or will pay in -lieu <br />fees pursuant to a local ordinance in an amount sufficient to result in the <br />development of an equivalent number of units that would otherwise be <br />required pursuant to subparagraph (A). <br />The project site is not more than four acres in area, the project does not include any single <br />level building exceeding 100,000 square feet, and the project is an infill development <br />within one-half mile of a major transit stop. Moreover, the development promotes higher <br />density infill housing, does not contain more than 100 residential units, and results in <br />housing units made available to moderate income families. Based on this analysis, a <br />Notice of Exemption, Environmental Review No. 2024-80, will be filed for this project. <br />FISCAL IMPACT <br />There is no fiscal impact associated with this action. <br />EXHIBITS <br />1. Resolution — Density Bonus Agreement <br />2. Draft Density Bonus Agreement <br />3. April 28, 2025 — Planning Commission Staff Report and Exhibits <br />Submitted By: Ali Pezeshkpour, AICP, Acting Executive Director of Planning and <br />Building Agency, and Michael L. Garcia, Executive Director of <br />Community Development Agency <br />Approved By: Alvaro Nunez, City Manager <br />