32A - TRACT MAP - 4010 W MCFADDEN AVE

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TTM No. 2015 -04 DBA No. 2015 -01 December 14, 2015 Page 4 Environmental Quality Act (CEQA). Additional information is provided in the CEQA analysis section on pages 5 and 6 of this report. Finally, the design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project since there is no public access easement located within this property (Exhibit 7). Density Bonus Agreement Pursuant to SAMC Section 14 -1600 et seq., developers wishing to pursue deviations from the City's established densities and development standards must enter into a Density Bonus Agreement (DBA) with the City. The code also states that if the proposed DBA includes requests for deviations from zoning and development standards, those deviations must first be approved by the Planning Commission prior to consideration of the Agreement by the City Council. The State Density Bonus Law was created to effectuate quality affordable housing. While the provisions of the law allow cities to approve qualified projects that would have units, or densities, in excess of cities' statutory density caps, the provisions also allow deviations from certain standards to facilitate affordable housing production. Under this law, California cities, including charter cities, were required to adopt implementing legislation, which Santa Ana did in 2001 with the adoption of Density Bonus for Affordable Housing (SAMC Sections 41 -1600 through 1607) provisions. Under this article, developers wishing to pursue projects that meet the requirements for a specified amount of affordable housing units may request to enter into a Density Bonus Agreement with the City and, pending approval of such an agreement, may also request deviations from the City's existing density caps and development standards that would be necessary to facilitate the development of the project. Pursuant to the provisions of SAMC Section 14 -1600, DBA requests may be granted when it can be shown that the proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities; the development will not be inconsistent with the purpose of the underlying zone or applicable General Plan land use designation; and the deviation is necessary to make it economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to Section 41 -1603 of the SAMC. Habitat for Humanity is seeking a density bonus from the maximum density permitted by the LR -7 General Plan land use designation and General Agricultural (A -1) zoning district in order to construct all five units on the subject site. Under the provisions of the LR -7 designation and General Agricultural (A -1) zoning district, only four dwelling units are allowed. Approval of the DBA application and requested deviation will allow construction of the entire project and will also allow the project to comply with the terms contained within the disposition and development agreement as approved by Community Redevelopment Agency Resolution No. 2011 -003. 32A -6