Item 12 - Density Bonus Agreement No. 2025-03

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Common Open Space (Waiver) Section 4.6 (Private/Common Open Space) of the MEMU indicates that a minimum of five -percent of common open space is required for non-residential uses (i.e., office), which would result in a requirement of 5,062 square feet. As proposed, the Project includes common open space at rate of 1.4-percent of the gross site area, which equates to 1,430 square feet. Strict adherence to the common open space requirement would result in a reduction in the number of units that can be provided in the overall Project, affecting the feasibility to construct the Project. In order to provide the required common open space and maintain the current proposed unit count, the developer would be required to remove additional surface parking stalls on the site, which would which would create overall parking constraints on the site and would further increase development costs making the Project economically infeasible. To help alleviate the common open space deficiency, the Project proposes a 761-square-foot community area to include a community room, office, bathroom, and laundry area. Moreover, the 1,430 square feet of outdoor open space would be improved with high quality decorative pavers, synthetic turn lawn, moveable furnishings, and landscaping. Lastly, the overall site design and proposed amenities took into account the proximity of the City of Santa Ana Zoo/Prentice Park and Cabrillo Park, which are located approximately 0.85-miles and 0.45-miles away. The close proximity of the City park space reduces the overall impact of the waiver for the open space requirement. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the proposed Project is exempt from further environmental review under Section 15168 (Program EIR). This exemption applies when a previously certified Program Environmental Impact Report (Program EIR) has adequately analyzed the environmental effects of an activity, and no new significant impacts would result from the proposed Project. If the proposed Project remains within the scope of the Program EIR and does not require a subsequent Environmental Impact Report (EIR), no additional environmental documentation is required. Therefore, a Notice of Exemption, Environmental Review No. 2023-94, will be filed for the Project. Section 3, The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute Resolution No. 2025-XX Page 7 of 13