Item 19 - Density Bonus Agreement No. 2025-02 - Santa Ana 9 Townhomes

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CITY COUNCIL DRAFT 2.3.2 Waivers. In accordance with Government Code Section 65915(e), provided the Project complies with the Project Approvals, the Project is granted the following waivers or reductions from Building Frontage, Setback and Onsite Open Space Requirements: (a) The requirement of City Municipal Code Section 41-592.3 and SP- 2, Ch. 3, Frontyard/Porch Frontage Type, to provide a minimum porch width of 12 feet is reduced to 4 feet. (b) The requirement of City Municipal Code Section 41-592.3 and SP- 2, Ch. 3, Table 3-5, to provide a maximum street setback of 8 feet is waived to 8.5 feet. (c) The requirement of City Municipal Code Section 41-592.3 and SP- 2, Ch. 3, Table 3-9, to provide minimum private open space of 90 square feet per unit is waived for Units 1 and 2. (d) The requirement of City Municipal Code Section 41-592.3 and SP- 2, Ch. 3, Table 3-9, for minimum six foot dimensions applicable to private open space is reduced for Units 1, 2 and 11, subject to the following: Units 1 and 2 shall have a minimum of 70 square feet, and Unit 11 shall have a minimum of 90 square feet. (e) The requirement of City Municipal Code Section 41-592.3 and SP- 2, Ch. 3, Table 3-9 for common open space is reduced from 9,409 square feet, which is 15% of the lot area, to 1,951 square feet. 2.4 Parking Requirements. Onsite parking shall be provided in compliance with Government Code Section 65915(p). The Project shall provide not less than seventy one (71) parking spaces. 2.5 No Further Concessions, Incentives, or Waivers. Developer acknowledges and agrees that no further concessions, incentives, waivers or parking requirements are requested, and that the terms set forth in Section 2.3 and 2.4 fully satisfies any duty City may have under the City Density Bonus for Affordable Housing, the Density Bonus Law, or any other law or regulation to provide any density bonus incentive or to waive any building, zoning, or other requirement in connection with a density bonus. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City's obligation to waive requirements of or provide development incentives pursuant to the City Density Bonus for Affordable Housing and the Density Bonus Law applicable to the Project. 2.6 Unit Mix. 2.6.1 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than thirty two (32) Unrestricted Units, as set forth Section 2.6.3, below, plus any Released Units, as set forth in Section 3.6 below, and pursuant to the terms and conditions of this Agreement. Any change to the unit distribution of the Unrestricted Units may affect the comparability of the Affordable Units and is subject to City Manager approval. 2.6.2 Affordable Units. The Project, for purposes of this Agreement, shall have no less than four (4) Affordable Units, for Moderate Income Households, as set forth in Section Page 9 55394.00 10 1\43724951.1