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DBA 2010-02 <br />December 13, 2010 <br />Page 3 <br />tandem parking spaces on the driveway to serve as additional parking for that unit. Unit 4 will be <br />1,480 square feet in size and will have two bedrooms and two bathrooms. This unit will have direct <br />access to a two-car tandem garage and one additional tandem parking space on the driveway. <br />Unit 5 will be located above the garages and is located at the rear of the courtyard. It will be 1,108 <br />square feet in size and have two bedrooms and two bathrooms. This unit will have access to a <br />two-car tandem garage and one additional parking space on the driveway. Each unit will have <br />private open space, which will exceed the minimum requirement, and private laundry facilities. <br />Perimeter block walls are proposed for privacy (Exhibits 3, 4 and 5). <br />The project has been designed in the Spanish Colonial Revival architectural style. In order to <br />reduce the massing and to create architectural variety, each building will have slightly different <br />detailing. The walls will be painted in an off-white tone and accented by cornices in contrasting <br />color and decorative vents. The windows will be recessed, multi-pane with decorative cast <br />concrete sills and wrought iron railing on the balconies. The primary entrance to four of the five <br />units will be through covered porches, while the entrance to the carriage unit located above the <br />garage will be via an open stair with wide sweeping curbed guardrails. The roof will be tile in a <br />terra cotta color. To maintain architectural consistency, the residences will incorporate enhanced <br />architectural elements, including complete architectural treatments on all sides of each building <br />(Exhibits 6 and 7). <br />Density Bonus Law Background <br />The State density bonus law was created to encourage the production of quality affordable housing <br />by allowing cities to approve qualified projects that would have units, or densities, in excess of <br />cities' statutory density caps established under General Plans and zoning. The rationale here <br />being that baseline density, in part, establishes a property's market value. By allowing more units <br />to be constructed on the property than would otherwise be allowed under the existing zoning, it <br />creates an economic advantage to the developer, which could then be used to subsidize any gap <br />between market rents or sales prices and the price at which the unit would be affordable to those <br />making less than the area median income. <br />Under this law, California cities, including charter cities, were required to adopt implementing <br />legislation, which Santa Ana did in 2001 with the adoption of SAMC Article XVI.I - Density Bonus <br />for Affordable Housing. Under this article, developers wishing to construct projects that meet the <br />requirement for a specified percentage of affordable housing units may request to enter into a <br />Density Bonus Agreement with the City and, pending approval of such an agreement, may also <br />request deviations from the City's existing density caps and development standards that would be <br />necessary to facilitate the development of the project. <br />Under the State Density Bonus Law cities must grant the request of the applicant, unless it adopts <br />written findings, based upon substantial evidence, that the request is not necessary in order to <br />provide affordable housing, or that there would be a specific adverse impact upon public health <br />39A-5