Agenda packet — Santa Ana City Council, December 6, 2022 (part 4 of 9)

appraised value prepared by a California State licensed appraiser and accepted by the property owner (Exhibit 2).

ENVIRONMENTAL IMPACT
On September 1, 2015, City Council approved the Warner Avenue Final Environmental Impact Statement (SCH No. 2012101004).

FISCAL IMPACT
Funds in the amount of $725,000 are budgeted and available in the Warner Avenue Improvements Project (No. 18-6901) for property acquisition expenditures in FY 2022- 23 as follows:

Fiscal
Year
Accounting
Unit–Account
No.

Fund Description
Accounting Unit,
Account No.

Description
Amount
2022-23 03217663-66100 Measure MStreet Construction
Measure M2 Competitive
Street, Land $543,750
2022-23 05917668-66100
Select Street
Construction
(City of Tustin
Contribution)
Warner Ave-Tustin
Community Facilities
District, Land
$181,250
TOTAL $725,000

EXHIBIT(S)

1. Location Map

2. Purchase Agreement – APN 016-214-12
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 20 – 2 12/6/2022

HALLADAY ST

HICKORY ST

CEDAR ST
OAK ST

KILSON DR

HICKORY ST
W
A
RN
ER AVE
LEGEND:
-SUBJECT PROPERTY
TITLE:

EXHIBIT 1
PWA

SANTA ANA

PUBLIC WORKS AGENCY

NONGENERAL FUND)

PURCHASE AGREEMENTS FOR WARNER AVENUE
-ACQUIRED PROPERTIES
IMPROVEMENTS (PROJECT NO. 18-6901
N
(
N
T
S
)
W
A
RN
ER AVE

SEE TOP RIGHT

MATCHLINE

SEE BOTTOM LEFT

MATCHLINE
2246 S. OAK ST
016-101-28
2245 S. OAK ST
016-102-24 016-102-23
2246 S.KILSON DR 016-103-23
705 E. WARNER AVE
016-105-19
2245 S. HALLADAY ST
016-104-29
2244 S. HALLADAY ST
016-104-21
809 E. WARNER AVE
016-105-20
905 E. WARNER AVE
016-105-21
909 E. WARNER AVE 016-214-12
2246 S. CEDAR ST
016-212-26
2247 S.CEDAR ST
016-103-22
2245 S. KILSON DR
016-090-26
016-090-25
016-090-24
016-090-21
016-090-22
016-090-22
016-133-44
016-133-33
016-133-32
016-133-31

ELEMENTARY
MONROE
ARMORY

NATIONAL GUARD
ARMORY

NATIONAL GUARD

DELHIPARK
ARMORY

NATIONAL GUARD

DELHIPARK
016-104-28
2245 S.HICKORY ST
EXHIBIT 1
City Council 20 – 3 12/6/2022
EXHIBIT 2
City Council 20 – 4 12/6/2022
City Council 20 – 5 12/6/2022
City Council 20 – 6 12/6/2022
City Council 20 – 7 12/6/2022
City Council 20 – 8 12/6/2022
City Council 20 – 9 12/6/2022
October 31
City Council 20 – 10 12/6/2022
City Council 20 – 11 12/6/2022
City Council 20 – 12 12/6/2022
City Council 20 – 13 12/6/2022
City Council 20 – 14 12/6/2022
City Council 20 – 15 12/6/2022
Planning and Building Agency
santa-ana.org/departments/planning-and-building
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 6, 2022
TOPIC: Density Bonus Agreement No. 2022-03 – Warmington Residential (717 S Lyon Street)
AGENDA TITLE:

Density Bonus Agreement No. 2022-03 to Facilitate the Construction of a For-Sale Residential Townhouse Development, Consisting of 51 Townhouse Units with Eight Units Proposed as Affordable to Low-Income Households

RECOMMENDED ACTION

1. Adopt a resolution approving Density Bonus Agreement No. 2022-03 as conditioned.

2. Authorize the City Manager to execute a Density Bonus Agreement with Warmington Residential, Inc., for a 55-year term, for a for-sale residential townhouse development, consisting of 51 townhouse units with eight units proposed as affordable to low-income households at 717 S. Lyon Street, subject to non-substantive changes approved by the City Manager and City Attorney.

EXECUTIVE SUMMARY
Greg Ocasek, representing Warmington Residential California, Inc. (applicant), on behalf of Wesley T. Geller, trustee of the Orange County Electrical Joint Apprenticeship Trust (property owner), is requesting approval of density bonus agreement (DBA) No. 2022-03 to facilitate the construction of a residential townhouse development, consisting of 51 townhouse units with eight units proposed as affordable at 717 S. Lyon Street.

As proposed, the project will utilize waivers from development standards and/or development concessions through the density bonus agreement pursuant to California Government Code sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Section 41-1600 through 41-1607. Moreover, the project requires approval by the City Council for a density bonus to allow up to 22.16 dwelling units per acre (du/ac). Staff is recommending approval of the applicant’s request due to the projects satisfying the intent of the General Plan to promote a pedestrian-oriented environment, and because the project will provide additional affordable and market-rate ownership housing stock to the community.

City Council 21 – 1 12/6/2022
DBA No. 2022-03 – Warmington Residential
December 6, 2022

Page 2 ends

Planning Commission Action
On September 26, 2022, the Planning Commission held a public hearing for the project and voted unanimously (6-0-0-1) to approve Vesting Tentative Tract Map No. 2022-03 for the project, and recommended that the City Council approve Density Bonus Agreement No. 2022-03 with conditions.

As part of the discussion, the Planning Commission amended the resolutions to include a condition of approval requiring that the applicant meet with planning staff to explore and implement ways to maximize the proposed onsite landscaping. This condition was in response to commission concerns regarding a requested concession by the applicant for a reduction in the required onsite common open space.

DISCUSSION
California Senate Bill 330
The California Senate Bill (SB) 330, the Housing Crisis Act of 2019, (HCA) became effective on January 1, 2020, and established a statewide “housing emergency” until January 1, 2025. The senate bill amended Government Code Section 65941.1 with the broad goals of facilitating increased production of new residential units, protecting existing units, and providing for an expedited review and approval process for housing development projects through submittal of a “preliminary application.” On January 1, 2022, the HCA was extended until January 1, 2030, with the passage of Senate Bill 8.

This application is being submitted pursuant SB 330/the HCA. As such, the proposed development site will not be required to be rezoned, if found consistent with the objective General Plan standards for the property. Moreover, the development is required to comply with the objective zoning code standards applicable to the property, but only to the extent that they facilitate the development at the density allowed by the general plan, 15 du/ac per the Medium Density Residential (MR-15) General Plan land use designation. In consultation with City Staff, Warmington Residential California, Inc. has selected the Corridor District zoning designation within the Harbor Mixed Use Transit Corridor Plan (SP-2), as the proposed zoning for the project (per SB 330), an option afforded to the developer by Appendix A of the General Plan Land Use Element.

Project Description
The project includes the construction of a new residential development consisting of 51 townhouse units, 17,790 square feet of open space, and 105 parking spaces, including 102 covered parking spaces and three open/guest parking spaces. The development will consist of twelve residential buildings with three-story townhouse units and will provide onsite bicycle storage. The structures will each contain a two-car garage at ground level (Tuck-under building design) with residential units above, some with balconies/decks and others with a den/fourth flex room. The project will include eight (8) two-bedroom units, eight (8) three-bedroom units, twenty-two (22) three-bedroom plus den units, and thirteen (13) three-bedroom units plus den or an optional fourth bedroom.

City Council 21 – 2 12/6/2022
DBA No. 2022-03 – Warmington Residential
December 6, 2022

Page 3 ends

Of the total units in the development, eight units are proposed to be affordable to households earning less than 50-80 percent of the area median income (AMI), which is currently set at $108,400, adjusted for a four-person household size, as published by California Department of Housing and Community Development (HCD). Seven of the affordable units will be three-bedroom units while the last unit will be a two-bedroom unit.

The proposed units will range in size between 1,300 to 1,992 square feet in size and will contain full kitchens, bedrooms, bathrooms, in-unit storage, and open/common (living) areas.

Common open space will be provided through several private exterior areas approximately 6,100 square feet in size, or 7 percent of the total site area. One area will be a courtyard approximately 2,016 square feet in size, located on the west side of the property, adjacent to entrance and buildings 10 and 11. A second courtyard approximately 2,178 square feet in size is proposed to be located on the east side of the property, between buildings 6 and

The project features a contemporary architectural style similar to many multiple-family or mixed-use residential communities under construction in Santa Ana and the region.

The overall design, massing, features, and materials of the new construction will be compatible with, but differentiated from the existing multi-family neighborhood. The contemporary architectural style would include fiber cement lap siding, a light sand finish stucco exterior, fiber cement building trim, metal awnings and decorative columns, and high quality architectural detailing (e.g., exterior lighting, entry doors, fenestration, etc.).

Moreover, the residential structures are designed to fully screen all mechanical equipment within the structure and parapet walls. Overall, the project will include a design and solid construction materials that will ensure that the project ages well for the duration of the building’s lifetime.

As part of the overall entitlement process, the applicant submitted a vesting tentative tract map application to subdivide the project site into a condominium lot with fifty-one condominium units, which would allow each unit to be sold for individual ownership. The applicant prepared the required vesting tentative tract map, which clarifies the proposed subdivision for the proposed condominiums.

Table 1: Project and Location Information
Item Information
Project Address and Council Ward 717 S. Lyon Street – Ward 3 City Council 21 – 3 12/6/2022
DBA No. 2022-03 – Warmington Residential
December 6, 2022

Page 4 ends

Density Bonus
The California Density Bonus law allows developers proposing five or more residential units to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law allows developers to seek up to three incentives/concessions and an unlimited number of waivers, which are essentially variances from development standards that would help the project be built without significant burden and without detriment to public health. In early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to “justify” the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted.

Pursuant to the California Density Bonus law, a project’s affordability level is determined by dividing the number of proposed affordable units by the allowable “base” density (i.e., 15 du/ac). Moreover, the State density bonus law states that units added by a density bonus are excluded from the calculations. As outlined by Table 2 below, the base density for the 2.3-acre site at 15 du/ac is 35 units. Of the total units in the development, eight units are proposed to be affordable. Therefore, the project would have a 23-percent affordability rate. As such, State density bonus law allows the developer to request a maximum density bonus of 46.25-percent (46.25%).

Due to the project’s 23-percent affordability rate, the developer can seek one density bonus concession and unlimited waivers, pursuant to Section 65915 et al. of the California Government Code (Density Bonuses and Other Incentives). In addition, California Nearest Intersection Warren and Lyon streets
General Plan Designation Medium Density Residential (MR-15) Zoning Designation General Agriculture (A-1); SB330 – Corridor District zoning designation within the Harbor Mixed Use Transit Corridor Plan (SP-2)
North Multi-Family Residences (Saddleback
Park Villas)
East Multi-Family Residences (Tustin Parc
Apartments)
South Multi-Family Residences (Las Fuentes
Apartments)
Surrounding Land Uses
West Multi-Family Residences (Warwick
Square Apartments)
Property Size 2.3 acres
Existing Site Development Two existing structures and asphalt parking lot. Structures include a one-story structure in the northwest corner and one-story commercial structure on the southwest corner.

Use Permissions Multi-Family Residential (permitted under Harbor Mixed Use Transit Corridor Plan, as part of SB330 request)
Zoning Code Sections Affected Uses Article XVI.I (Density Bonus); Corridor District within the Harbor Mixed Use Transit
Corridor Plan (SP-2); and Chapter 34
(Subdivisions)
City Council 21 – 4 12/6/2022
DBA No. 2022-03 – Warmington Residential
December 6, 2022

Page 5 ends

Assembly Bill No. 2345, approved September 28, 2020, revised the State Density Bonus Law originally adopted in 1979 to provide additional benefits for projects that include qualifying affordable housing. Pursuant to Section 65915 et al. of the California Government Code, the developer is requesting a 46.25-percent (46.25%) state density bonus. As such, the maximum unit yield for the 2.3-acre site using the MR-15 general plan density and the State density bonus is 52 units, as outlined in Table 2. However, the applicant is only proposing to develop 51 units on the site.

Table 2: Density Bonus Calculation
Affordable Unit – 23% (8 units – Low Income)* Density Bonus Calculation Units Allowed Base Density – Medium Density Residential
(MR-15) 2.3 acres x 15 du/ac 35 Units

46.25-Percent State Density Bonus (35 units x 0.4625) +17 units Total Units
52 units
allowed, 51
proposed
*Affordable unit percentage is calculated excluding units added by a density bonus.

Although the City has analyzed the project and has identified several areas of potential impacts, the conditions of approval proposed for the project are intended to address any of the project’s potential impacts.

Pursuant to SB 330 and the General Plan Land Use Element, the developer has selected the Harbor Mixed Use Transit Corridor Specific Plan (SP-2) development standards for a tuck-under building type to design the projects. However, pursuant to the Density Bonus Law, the developer is seeking specific concessions and waivers from certain SP-2 standards to facilitate development of the project. Table 3 below outlines the incentives/concessions and waivers requested by the applicant.

Table 3: Requested Incentives/Concessions
Standard Required by the SP-2 or SAMC Provided
Open Space
(Tuck-Under
building type)
• Common Open Space - 15% of lot
(15,028 square feet)
• Private Open Space - 90 square
feet per dwelling unit (4,590
square feet)
• Total – 19,618 square feet
SP-2, Table 3-9. Onsite Open Space
Requirements
• Common Open Space - 7% of lot
(6,949 square feet)
• Private Open Space – Average of
213 square feet per dwelling unit
(10,841 square feet) – some units
providing 0-82 sq. ft.
• Total – 17,790 square feet
Requires Concession (1 of 1), Cal.

Gov’t Code Sec. 65915 (d)(2)(A)
City Council 21 – 5 12/6/2022
DBA No. 2022-03 – Warmington Residential
December 6, 2022

Page 6 ends

Standard Required by the SP-2 or SAMC Provided
Maximum
Building Setback
Maximum building setback from the
public street right-of-way and/or
easement is 8'-0"
SP2, Table 3-5. Building
Placement
Building 1 is located 9'-7" from the
utilities easement line and Building 2
is located 11'-4" from the same
easement line.

Requires Waivers, Cal. Gov’t Code
Sec. 65915 (e)(1)
Fencing Height
Fencing height within the front yard
setback is limited to 3’-0”
Sec. 41-610 of SAMC
6’-0” tall tubular fencing proposed
within the front yard setback
Requires Waivers, Cal. Gov’t Code
Sec. 65915 (e)(1)
Building Frontage
and Minimum
Ground Floor
Height
• Building frontage type required to
be identified in the
elevations/design
• Minimum floor heights required
pursuant to chosen frontage type
SP2, Table 3-4. Frontage Floor
Height Minimums and Districts
• Design does not provide a
frontage type
• Ground floor heights below
minimum required of 10’-0” to 15’-
0”. As designed, ground floor
types designed as 9’-1”
Requires Waivers, Cal. Gov’t Code
Sec. 65915 (e)(1)
Onsite Parking
In addition, the site is parked in compliance with California Government Code Section 65915 (p)(1)(B)(C) and provides 2.1 spaces per unit. The California Density Bonus Law allows 1.5 parking spaces per two to three bedroom units, inclusive of handicapped and guest parking. The site is also parked in compliance with the Corridor District subsection of the Harbor Mixed Use Transit Corridor Plan (SP-2), which requires 1.75 parking spaces, inclusive of guest parking. The site provides 105 total parking spaces or 2.1 spaces per unit, which includes two covered parking spaces for each townhouse unit and three open/guest parking stalls.

To proactively address any neighborhood parking impacts that could result from the project, the conditions of approval for the VTTM and terms of the DBA include provisions requiring the following parking management practices, to be incorporated into the final, recorded CC&Rs, and applicated throughout the life of the project:
• Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the surface guest parking spaces;
• Policies for maximum time vehicles may be parked in the surface guest spaces; • Policies for towing unauthorized vehicles; vehicles parked in unauthorized locations, such as fire lanes; vehicles parking in surface guest parking without a sticker, hang-tag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed; and
• Routine garage inspections to ensure garages are available for vehicle parking.

Analysis of the Issues
Pursuant to Section 41-1607 of the SAMC, an application for a density bonus agreement is required to be recommended for approval by the Planning Commission for any project City Council 21 – 6 12/6/2022
DBA No. 2022-03 – Warmington Residential
December 6, 2022

Page 7 ends

containing “deviations” (incentives/concessions and/or waivers). The Planning Commission’s review of the density bonus agreement is based on the following findings:

1. The proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city.

2. The development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element.

3. 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.

Table 4: Analysis of the Requested Incentives/Concessions (1) and Waivers (3) Standard Analysis
Open Space
(Incentive/Concession)
The total common open space required for the project site is equal to 15 percent of the lot, or approximately 15,028 square feet. Instead, the project provides a 6,949-square-foot of common open space (7 percent), which is a difference of 8,079 square feet or 8 percent.

Providing the required open space standard would lead to the elimination of three or more units, which would affect the feasibility to construct the project. In order to maintain the current proposed unit count, the developer would be required to construct additional floor levels, which would exceed the maximum allowable height as part of the Harbor Mixed Use Transit Corridor Plan (SP-2), and would further increase development costs. To help alleviate the open space deficiency, the project proposes an average of 213 square feet of private open space per unit, through use of private balconies/decks. This would exceed the minimum required private open space of 90 square feet per unit.

Maximum Building
Setback (Waiver)
Pursuant to SP-2, the maximum building setback from the public right-ofway and/or easement is 8'-0". As proposed, the project is designed to exceed the maximum allowed setback, as two of the proposed buildings would be located 9'-7" and 11'-4" from a utilities easement line.

The existing multi-family residential developments immediately adjacent to the project site provide average front setbacks that exceed 10’-0” and extend to 20’-0”. Although exceeding the maximum allowable setback, the proposed development is consistent with the existing multi-family residences. Moreover, the design is focused on the placement of the proposed buildings as a way to continue the existing character and overall neighborhood pattern along Lyon Street.

City Council 21 – 7 12/6/2022
DBA No. 2022-03 – Warmington Residential
December 6, 2022

Page 8 ends

Standard Analysis
Fencing Height (Waiver) For residentially zoned properties, the fencing height within the front yard setback is limited to 3’-0” in height. The development proposes a 6’-0” tall tubular fencing proposed within the front yard setback.

Maintaining the fencing height limit of 3’-0” would affect the feasibility of the proposed units to be sold to prospective buyers, and would therefore affect the feasibility of the project to be constructed. The proposed fence provides security for the proposed townhouse community, which provides a sense of comfort and safety to prospective homebuyers. In addition, the fencing would be in keeping with the existing character and overall neighborhood pattern along Lyon Street, specifically the multi-family developments to the north and south of the project site. Las Fuentes multi-family community to the south has existing fencing and gates, while the Saddleback Park Villas have existing perimeter block walls. Moreover, the proposed design is further improved with additional small hedges and/or shrubs that will between the public right-of-way and the proposed fencing, to soften the transition of the future sidewalk.

Building Frontage and
Minimum Ground Floor
Height (Waiver)
The development standards in SP-2 require a specific building frontage (e.g., forecourt, shop front, stoop, etc.) and minimum floor heights, based on a frontage type. As proposed, the project design does not provide a frontage type and the ground floor heights are proposed below the minimum required of 10’-0” to 15’-0”. The ground floor height is designed at a minimum of 9’-1”
Maintaining the required frontage type minimum floor heights would result in a complete site and architectural redesign, involving more of the site area dedicated the frontages designs. In order to maintain the current proposed unit count, the developer would be required to redesign the site and elevation design construct, further increasing development costs and potentially leading to a loss of residential units, and a loss of further open space.

Moreover, SP-2 was originally intended to achieve a specific urban form.

The existing multi-family residential developments immediately adjacent to the project site do not provide a frontage type, nor do they maintain a minimum building floor height. Therefore, the proposed design is consistent with the existing multi-family residences.

When analyzed cumulatively, the requested concessions and waivers could be avoided if the project were designed on a different site or using a different site plan. If the project was designed with a multi-level parking and/or subterranean parking structure, or if the applicant used different building materials to construct a taller project, additional area on site would become available to provide the minimum required open space and the required frontage and ground floor heights. However, these changes would increase development costs and result in a project that would exceed the maximum permitted building height, resulting in the housing project becoming financially infeasible due to the significantly increased financial implications of an alternative construction type compared to the relatively smaller scale of the project. Moreover, the changes would result in the loss of the eight affordable townhouse units.

City Council 21 – 8 12/6/2022
DBA No. 2022-03 – Warmington Residential
December 6, 2022

Page 9 ends

Based on the analysis provided within this report, the proposed development will materially assist in accomplishing the goal of providing additional affordable and market-rate ownership housing stock in the city and will be consistent with the applicable designation in the general plan land use element. In addition, the proposed deviations are necessary to make the project economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to section 41-1603.

Affordable Housing Opportunity and Creation Ordinance
The project exceeds the affordable housing goal for the ownership category of the City’s Affordable Housing Opportunity and Creation Ordinance (AHOCO) by providing eight (8) onsite units in place of three (3) for sale units, which will target low-income (50-80%) in place of moderate-income households. These two factors significantly enhance the opportunity for income-eligible Santa Ana households to own a home in the City at a lower cost. The units will be dispersed throughout the community. Seven of the affordable units will be three-bedroom units while the last unit will be a two-bedroom unit. The proposed units will range in size between 1,300 to 1,992 square feet in size and will contain full kitchens, bedrooms, bathrooms, in-unit storage, and open/common (living) areas. The developer’s Inclusionary Housing Plan has been reviewed and approved by the City’s Housing Division.

Public Notification and Community Outreach
Project notifications were posted, published, and mailed in accordance with City and State regulations. In addition, staff contacted the provided contacts for the Lyon Street Neighborhood Association to ensure they were aware of the project. At the time this report was printed, no issues of concern were raised regarding the proposed development.

The applicant also held two community meetings in conformance to the Sunshine Ordinance notification requirements in place at the time the application was submitted, January 5, 2022. The first meeting was a virtual community meeting on March 2, 2022.

This meeting was publicly noticed in the OC Register, posted on the City’s website, and invitation mailers were sent to all addresses within a 500-foot radius of the project site, as well as local community organizations. The meeting included a presentation on the project as well as a question and answer period to address concerns and collect feedback. Participants asked questions about the cost and site security. However, no issues of concern were raised regarding the proposed development. Approximately 10- 15 individuals attended the meeting.

Page 10 ends

address concerns and collect feedback. Participants asked questions about the project timing and construction impacts, affordability levels, project density, and about potential traffic and parking impacts to the community. Approximately 12-15 individuals attended the meeting. Materials from both the March 2nd and June 1st meetings were posted to the project’s City webpage.

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). This exemption applies to projects or sites that:

1. Meet the threshold criteria set forth in section 15192; provided that with respect to the requirement in section15192(b) regarding community-level environmental review, such review must be certified or adopted within five years of the date that the lead agency deems the application for the project to be complete pursuant to Section 65943 of the Government Code.

2. Meet both of the following size criteria:

A. The site of the project is not more than four acres in total area.

B. The project does not include any single level building that exceeds 100,000 square feet.

3. Meet both of the following requirements regarding location:

A. The project is a residential project on an infill site.

B. The project is within one-half mile of a major transit stop.

4. Meet both of the following requirements regarding number of units:

A. The project does not contain more than 100 residential units.

B. The project promotes higher density infill housing. The lead agency may establish its own criteria for determining whether the project promotes higher density infill housing except in either of the following two circumstances:
1) A project with a density of at least 20 units per acre is conclusively presumed to promote higher density infill housing.
2) A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density infill housing unless the preponderance of the evidence demonstrates otherwise.

5. Meets the following requirements regarding availability of affordable housing: The project would result in housing units being made available to moderate, low, or very low income families as set forth in either A or B below:

Page 11 ends

below at monthly housing costs determined pursuant to paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code. 1) At least 10-percent of the housing is sold to families of moderate income, or
2) Not less than 10-percent of the housing is rented to families of low income, or
3) Not less than 5-percent of the housing is rented families of very low income.

B. If the project does not result in housing units being available as set forth in subdivision (A) above, then the project developer has paid or will pay inlieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required pursuant to subparagraph (A).

The project site is not more than four acres in area, the project does not include any single level building exceeding 100,000 square feet, and the project is an infill development within one-half mile of a major transit stop. Moreover, the development promotes higher density infill housing, does not contain more than 100 residential units, and results in housing units made available to low income families. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-08 will be filed for this project.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Resolution – Density Bonus Agreement

2. Draft Density Bonus Agreement

3. September 26, 2022 - Planning Commission Staff Report and Exhibits Submitted By: Minh Thai, Executive Director of Planning and Building Agency, and Michael L. Garcia, Executive Director of Community Development Agency Approved By: Kristine Ridge, City Manager
City Council 21 – 11 12/6/2022
Resolution No. 2022-xxx

Page 1 of 12 ends

RESOLUTION NO. 2022-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING DENSITY BONUS AGREEMENT
NO. 2022-03 AS CONDITIONED TO ALLOW A FIFTY-ONE

UNIT SINGLE-FAMILY ATTACHED TOWNHOME
DEVELOPMENT FOR THE PROPERTY LOCATED AT 717

SOUTH LYON STREET

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:

A. Greg Ocasek, representing Warmington Residential California, Inc. (applicant), on behalf of Wesley T. Geller, trustee of the Orange County Electrical Joint Apprenticeship Trust (property owner), is requesting approval of Density Bonus Agreement Application No. 2022-03 to allow the construction of a fifty-one unit attached townhome development, eight of which are proposed as onsite low-income affordable units.

B. California Senate Bill 330, the Housing Crisis Act of 2019 (HCA), became effective on January 1, 2020, and established a statewide "housing emergency" until January 1, 2025.

C. On January 1, 2022, the HCA was extended until January 1, 2030, with the passage of Senate Bill 8.

D. The proposed development is being submitted as a Senate Bill No. 330 (SB 330) application and in consultation with City Staff and pursuant to Appendix A of the General Plan Land Use Element, the applicant has selected the Corridor District zoning designation within the Harbor Mixed Use Transit Corridor Plan (SP-2), as the proposed zoning for the project.

E. The Harbor Mixed Use Transit Corridor Plan (SP-2) was adopted in 2014 as a result of interest in developing mixed-use residential and commercial projects in its project area. The regulating plan, which establishes land uses and development standards, allows a variety of housing projects, including multi-family and mixed-use residential communities, as well as live/work units. The selection of the SP-2 development standards for this project is consistent with the overall character of the surrounding community.

F. The California Density Bonus law allows developers to seek increases in base density for providing on-site housing units in exchange for providing City Council 21 – 12 12/6/2022
Resolution No. 2022-xxx

Page 2 of 12 ends

affordable units on site. To help make constructing on-site affordable units feasible, the law allows developers to seek incentives/concessions or waivers that would help the project be built without significant burden and without detriment to public health.

G. The Applicant's request has been thoroughly evaluated by the City's Development Review Committee (DRC) through Development Project No. 2021-38. Through this review, the DRC has considered the subject site, proposed development, and the applicant's requests for
incentives/concessions and waivers pursuant to the State's Density Bonus Law.

H. On September 26, 2022, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral and unanimously (6-0-0-1) recommended that the City Council approve Density Bonus Agreement No. 2022-03 as conditioned. As part of its actions, the Planning Commission also voted unanimously (6-0-0-1) to approve Vesting Tentative Tract Map No. 2022- 03 for condominium purposes to facilitate construction of the community as a for-sale development.

I. On December 6, 2022, the City Council of the City of Santa Ana held a duly noticed public meeting and at that time considered all testimony, written and oral.

J. The City Council hereby determines that the following findings, which must be established in order to grant this Density Bonus Agreement pursuant to SAMC Section 41-1607, have been established for Density Bonus Agreement No. 2022-03 to allow construction of the proposed project:

1. That the proposed development will materially assist in accomplishing the goal of providing affordable housing
opportunities in economically balanced communities throughout the city.

The proposed development will provide a fifty-one-unit single-family attached townhome development, eight of which are proposed as low-income affordable units, contributing toward the City's ownership housing stock to serve the needs of diverse and underserved populations. The area in which the project is proposed currently contains multiple low- to medium-density, multi-family residential communities. The construction of this project will contribute toward an economically balanced community by providing housing for different demographic and income levels in an area rich with employment opportunities, commercial development, and market-rate housing.

City Council 21 – 13 12/6/2022
Resolution No. 2022-xxx

Page 3 of 12 ends

2. That the development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element.

The application is being submitted as a Senate Bill No. 330 application. As such, the proposed development site will not be required to be rezoned since it has been found to be consistent with the objective general plan standards for the property. The project site is in an area already identified in the general plan (the Land Use and Housing elements) for new residential communities, with a density of 15 dwelling units per acre (du/ac). Moreover, the City's General Plan land use designation for the project site is Medium Density Residential (MR-15), which applies to residential areas characterized by a mix of single-family and multifamily housing.

Residential building types include apartments, townhomes, livework units, and small-lot subdivisions, typically resulting in neighborhoods with a mix of low- and medium-rise buildings. Lastly, the proposed density of 22.16 du/ac is below the density bonus provisions in the California Density Bonus Law for low-income rental projects (46.25-percent density bonus) which allows 22.6 du/ac on the project site.

3. That 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.

The proposed project requires one deviation through
incentives/concessions: open space; as well as three deviations through a waiver in (1) maximum building setback; (2) fencing height; and (3) stoop frontage and minimum ground floor height requirements. The four deviations are described as follows:

Open Space (Incentive/Concession)
The total common open space required for the project site is equal to 15 percent of the lot, or approximately 15,028 square feet.

Instead, the project provides a 6,949-square-foot of common open space (7 percent), which is a difference of 8,079 square feet or 8 percent.

Providing the required open space standard would lead to the elimination of three or more units, which would affect the feasibility to construct the project. In order to maintain the current proposed unit count, the developer would be required to construct additional floor levels, which would exceed the maximum allowable height as part of the Harbor Mixed Use Transit Corridor Plan (SP-2), and would further increase development costs. To help alleviate the City Council 21 – 14 12/6/2022
Resolution No. 2022-xxx

Page 4 of 12 ends

open space deficiency, the project proposes an average of 213 square feet of private open space per unit, through use of private balconies/decks. This would exceed the minimum required private open space of 90 square feet per unit.

Maximum Building Setback (Waiver)
Pursuant to SP-2, the maximum building setback from the public right-of-way and/or easement is 8'-0". As proposed, the project is designed to exceed the maximum allowed setback, as two of the proposed buildings would be located 9'-7" and 11'-4" from a utilities easement line.

The maximum setback outlined in SP-2 was originally intended for a more urban corridor of Santa Ana (Harbor Boulevard), as a means of regulating land development to achieve a specific urban form and which envisioned a more multi-modal boulevard. The proposed project is located in a suburban area of the City, with multi-family low- to medium-density developments. The existing multi-family residential developments immediately adjacent to the project site provide average front setbacks that exceed 10'-0" and extend to 20'-0". Although exceeding the maximum allowable setback, the proposed development is consistent with the existing multi-family residences. Moreover, the design is focused on the placement of the proposed buildings as a way to continue the existing character and overall neighborhood pattern along Lyon Street.

Fencing Height (Waiver)
For residentially zoned properties, the fencing height within the front yard setback is limited to 3'-0" in height. The development proposes a 6'-0" tall tubular fencing proposed within the front yard setback.

Maintaining the fencing height limit of 3'-0" would affect the feasibility of the proposed units to be sold to prospective buyers, and would therefore affect the feasibility of the project to be constructed. The proposed fence provides security for the proposed townhouse community, which provides a sense of comfort and safety to prospective homebuyers. In addition, the fencing would be in keeping with the existing character and overall neighborhood pattern along Lyon Street, specifically the multi-family developments to the north and south of the project site. Las Fuentes multi-family community to the south has existing fencing and gates, while the Saddleback Park Villas have existing perimeter block walls. Moreover, the proposed design is further City Council 21 – 15 12/6/2022
Resolution No. 2022-xxx

Page 5 of 12 ends

improved with additional small hedges and/or shrubs that will between the public right-of-way and the proposed fencing, to soften the transition of the future sidewalk.

Stoop Frontage and Minimum Ground Floor Height (Waiver) The development standards in SP-2 require a specific building frontage (e.g., forecourt, shop front, stoop, etc.) and minimum floor heights, based on a frontage type. As proposed, the project design does not provide a frontage type and the ground floor heights are proposed below the minimum required of 10'-0" to 15'-0". The ground floor height is designed at a minimum of 9'-1"
Maintaining the required frontage type minimum floor heights would result in a complete site and architectural redesign, involving more of the site area dedicated the frontages designs. In order to maintain the current proposed unit count, the developer would be required to redesign the site and elevation design construct, further increasing development costs and potentially leading to a loss of residential units, and a loss of further open space.

Moreover, SP-2 was originally intended to achieve a specific urban form. The existing multi-family residential developments immediately adjacent to the project site do not provide a frontage type, nor do they maintain a minimum building floor height.

Therefore, the proposed design is consistent with the existing multifamily residences.

Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). This exemption applies to projects or sites that:

2. Meet both of the following size criteria:

A. The site of the project is not more than four acres in total area.

B. The project does not include any single level building that exceeds 100,000 square feet.

3. Meet both of the following requirements regarding location:

A. The project is a residential project on an infill site.

B. The project is within one-half mile of a major transit stop.

4. Meet both of the following requirements regarding number of units:

A. The project does not contain more than 100 residential units.

City Council 21 – 16 12/6/2022
Resolution No. 2022-xxx

Page 6 of 12 ends

A. The project meets one of the following criteria, and the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units as set forth below at monthly housing costs determined pursuant to paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code. 1) At least 10-percent of the housing is sold to families of moderate income, or
2) Not less than 10-percent of the housing is rented to families of low income, or
3) Not less than 5-percent of the housing is rented families of very low income.

B. If the project does not result in housing units being available as set forth in subdivision (A) above, then the project developer has paid or will pay in-lieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required pursuant to subparagraph (A).

The project site is not more than four acres in area, the project does not include any single level building exceeding 100,000 square feet, and the project is an infill development within one-half mile of a major transit stop. Moreover, the development promotes higher density infill housing, does not contain more than 100 residential units, and results in housing units made available to low income families. Lastly, the project is providing eight (8) onsite units available for sale to low-income households, which exceeds the abovementioned 10-percent requirement to be sold for moderate-income households. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-08 will be filed for this project.

Page 7 of 12 ends

against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.

Section 4. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Density Bonus Agreement No. 2022-03 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 26, 2022, and exhibits attached thereto; the Request for City Council Action dated December 6, 2022, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.

Section 5. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this resolution.

ADOPTED this ____ day of ___________, 2022.
_______________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:________________________
John M. Funk
Chief Assistant City Attorney
City Council 21 – 18 12/6/2022
Resolution No. 2022-xxx

Page 8 of 12 ends

AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, , Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-XX to be the original resolution adopted by the City Council of the City of Santa Ana on________________, 2022.

Date: ________________ ____________________________________ Clerk of the Council
City of Santa Ana
City Council 21 – 19 12/6/2022
Resolution No. 2022-xxx

Page 9 of 12 ends

Conditions for Approval for Density Bonus Agreement No. 2022-03 Density Bonus Agreement No. 2022-03 are approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval:

The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this site plan review.

The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review.

A. Planning Division

1. All proposed site improvements must conform to the Development Project (DP) approval of DP No. 2021-38.

2. Any amendment to the DP No. 2021-38, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the Development Project Review must be amended.

3. Walls and Fencing.
a. The applicant shall construct a minimum six-foot (6’) tall perimeter wall, as measured from nearest adjacent finished sidewalk, surrounding the project site. The perimeter wall shall conform to all applicable Citywide Design Guidelines, including a split-face or painted design with regularlyspaced pilasters and decorative cap. The applicant is responsible for coordination with any adjacent property owners to avoid double-walls or gaps between walls where possible.
b. Climbing vines shall be planted at regularly-spaced intervals along all exposed walls and wrought-iron fencing to deter graffiti. All solid walls shall be finished with anti-graffiti coating.

4. All mechanical equipment shall be screened from view from public and courtyard areas.

City Council 21 – 20 12/6/2022
Resolution No. 2022-xxx

Page 10 of 12 ends

5. Prior to submittal of a landscape application, the applicant shall be required to meet with planning staff to explore and implement ways to maximize the onsite landscaping.

6. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval.

The plan shall include construction hours, staging areas, parking and site security/screening during project construction.

7. A final detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas as well as an installation plan. The exact specifications for these items are subject to the review and approval by the Planning Division.

8. Prior to installation of landscaping, the Applicant shall submit photos and specifications of all trees to be installed on the project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (24 inches minimum), brown trunk height (10-foot minimum), and name and location of the supplier.

9. After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans.

10.Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement or incorporate the form of this condition within the Project’s CC&R’s with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following:
a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.);
City Council 21 – 21 12/6/2022
Resolution No. 2022-xxx

Page 11 of 12 ends

b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses);
c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable;
d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms.
f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement.
g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a City Council 21 – 22 12/6/2022
Resolution No. 2022-xxx

Page 12 of 12 ends

lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City.
h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded.

City Council 21 – 23 12/6/2022
1 RECORDING REQUESTED BY:

AND WHEN RECORDED MAIL TO:

City of Santa Ana
Clerk of the Council
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702
Attention: Clerk of the Council
________________________________________________________________________ Free Recording pursuant to
Government Code 27383

DENSITY BONUS HOUSING AGREEMENT
This DENSITY BONUS HOUSING AGREEMENT (“Agreement”) is made and entered into this 6
th day of December, 2022, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California (“City”), and Warmington Residential California, Inc., a California corporation (“Developer”). City and Developer are sometimes herein referred to collectively as the “Parties” and individually as a “Party.”

RECITALS
A. Orange County Electrical Joint Apprenticeship Trust is the owner of certain property located within the City of Santa Ana, County of Orange, State of California, commonly known as 717 S. Lyon Street, Santa Ana, California, and legally described as set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full (“Property”).

B. Developer has entered into a purchase and sale agreement with the property owner, which provides that the Property will be transferred from the property owner to Developer after the approval of entitlements for the Project.

C. Developer is proposing to develop a community composed of fifty-one (51) singlefamily attached townhome condominiums, eight (8) of which are proposed as low-income affordable units, on the Property, as more particularly set forth in Density Bonus Application No. 2022-03 (“Project”). Without the density bonuses, Developer would only be permitted to build thirty-five (35) units on the Property.

D. Santa Ana Municipal Code sections 41-1600, et seq. (“City Density Bonus for Affordable Housing”), and California Government Code sections 65915, et seq. (“State Density Bonus Law”), set forth a process to provide increased residential densities to property owners who guarantee that a portion of their residential development will be available to low income, very lowincome, or senior (also known as "qualified") households. These regulations are intended to materially assist the housing industry in providing adequate and affordable housing for all economic segments of the community and to provide a balance of housing opportunities for very low-income, low income and senior households throughout the city.

City Council 21 – 24 12/6/2022
2 E. The Project is proposing a total number of fifty-one (51) condominiums that will be single-family attached townhomes, eight (8) of which are proposed as low-income affordable units. The Project will provide 105 onsite parking spaces or 2.1 spaces per unit. No parking concession is requested or provided. All condominiums are planned to be sold; none will be operated by Developer as rental properties.

F. The Project complies with the affordable housing requirements set forth in the State Density Bonus Law, City Density Bonus for Affordable Housing, and the City’s Affordable Housing Opportunity and Creation Ordinance. For purposes of this Agreement, the Project shall be the “housing development” as defined in the State Density Bonus Law.

G. In light of the purpose of the State Density Bonus Law and City Density Bonus for Affordable Housing, and the express provisions of Government Code Section 65915(d)(2)(A), the City has determined to grant Developer’s application for one concession and three waivers.

H. This Agreement, and the exhibits attached hereto and incorporated herein by reference, is intended to set forth the terms and conditions for the implementation of the Project’s requirement to provide affordable housing units in exchange for receiving the Density Bonus Units and additional concessions and waivers set forth herein.

NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS AND EXHIBITS

1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows:

1.1.1 "Affordability Restrictions" means, pursuant to California Government Code Section 65915(c)(2)(A)(ii)(III), restrictions on the sale and conveyance of the Property that ensure that the Property will be preserved for lower income housing for at least 55 years for owneroccupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income, as defined in Section 50052.5 of the California Health and Safety Code.

1.1.2 "Affordable Units" means eight (8) units, which shall be comprised of one (1) two-bedroom unit, one (1) three-bedroom unit, four (4) three-bedroom plus den units, and two (2) three bedroom plus den (optional 4th bedroom) units for Low-Income Households. Any change to the number or distribution of Affordable Units is subject to City Manager approval.

1.1.3 "Agreement" means this Density Bonus Housing Agreement.

1.1.4 "Base Units" means the thirty-five (35) Units that Developer would be authorized to develop on the Property without application of the State Density Bonus Law.

1.1.5 "City" means the City of Santa Ana, California
City Council 21 – 25 12/6/2022
3 1.1.6 "City Council" means the City Council of the City of Santa Ana.

1.1.7 "City Attorney" means the City Attorney for the City of Santa Ana.

1.1.8 "City Manager" means the City Manager for the City of Santa Ana.

1.1.9 "City's Planning Commission" means the Planning Commission for the City of Santa Ana.

1.1.10 ''Density Bonus Housing Agreement Term" means the period during which this Agreement shall be in full force and effect, as provided for in Section 6 below.

1.1.11 "Density Bonus Units" means the sixteen (16) Units in addition to the Base Units that Developer shall develop pursuant to the density allowance in the State Density Bonus Law and the terms and conditions of this Agreement, of which Developer would not be entitled to develop without providing the Affordable Units.

1.1.12 "Developer" means Warmington Residential California, Inc., a California corporation, and its permitted successors and assigns to all or any part of the Property, Project or this Agreement.

1.1.13 "Effective Date" means the date the City Council of City approves this Agreement and from then on this Agreement shall be in full force and effect.

1.1.14 "Eligible Household" means a Household whose income does not exceed the “Low-Income” qualifying limit as defined herein.

1.1.15 "Household" means all persons residing in a Unit.

1.1.16 “Low-Income” means persons and families whose income does not exceed the limits provided in California Health and Safety Code Section 50052.5.

1.1.17 "Project" means that certain residential development as more particularly described in Recital C and Section 2 of this Agreement.

1.1.18 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon.

1.1.19 "State Density Bonus Law" means Government Code sections 65915, et seq., as they exist on the Effective Date.

1.1.20 "Unit" means a residential dwelling unit within the Project to be constructed by Developer pursuant to this Agreement.

City Council 21 – 26 12/6/2022
4 1.1.21 "Unrestricted Units" means the Units within the Project to be constructed or caused to be constructed by Developer to a Household without restriction.

1.2 Exhibits. The following documents are attached to, and by this reference incorporated into, this Agreement:

1.2.1 Exhibit A – Legal Description of the Property

1.2.2 Exhibit B – Income Verification Form

1.2.3 Exhibit C – Notice of Affordability Restrictions on Transfer of Property

2. DEVELOPMENT OF THE PROPERTY

2.1 Project. Developer shall develop or cause the development of the Property as fiftyone (51) single-family attached townhomes, eight (8) of which are proposed as Low-Income Affordable Units. All of the townhomes are planned to be condominiums that will be offered for sale.

2.2 Density Bonus. The Project shall have fifty-one (51) Units, to be sold, used, occupied, operated, and maintained pursuant to the terms and conditions of this Agreement.

Developer agrees to provide eight (8) Affordable Units to Low-Income Households, which equals 23%, after rounding up, of the thirty-five (35) Base Units allowed for the Project. Accordingly, Developer pursued its density bonus pursuant to Government Code section 65915(b)(1)(A), which requires 10% of the total units of a housing development for rental or sale to lower income households. Pursuant to Government Code section 65915(f)(1), Developer’s 23% in Low-Income Affordable Units provides a 46.25% density bonus. Developer understands and agrees that Developer is utilizing a 46.25% density bonus increase provided by the State Density Bonus Law (35 Base Units x 46.25% = 16 State Density Bonus Units) for a total of 51 units. Developer shall not construct or develop, or otherwise claim a right to construct or develop, more than sixteen (16) State Density Bonus Units on the Property.

2.3 Development Concessions, Incentives, and Waivers. As set forth in the City entitlements, Developer petitioned for and is hereby granted the following concessions, incentives, and waivers as part of the approval of Density Bonus Application No. 2022-03 for the Project:

2.3.1 The open space requirements for this Project shall be reduced in accordance with Government Code Section 65915(d)(2)(A), which allows one (1) incentive or concession for projects that include at least 10% of the total units for lower income households, such that the minimum required common open space shall be seven-percent (7%) of the Property lot size.

2.3.2 The development standards for this Project shall be waived in accordance with Government Code Section 65915(e)(1), such that the proposed building setbacks exceed the maximum allowed (8’-0” setback) and shall be between 9’-0” and 13’-0”.

City Council 21 – 27 12/6/2022
5 2.3.3 The development standards for this Project shall be waived in accordance with Government Code Section 65915(e)(1), such that the proposed fencing height within the front yard setback shall exceed the maximum allowed (3’-0”), and shall be a maximum of 6’-0” in height within the front yard setback.

2.3.4 The development standards for this Project shall be waived in accordance with Government Code Section 65915(e)(1), such that the Project shall provide no frontage type and the minimum ground floor height shall be below the minimum required (between 10’-0” and 15’-0”) and shall be no less than 9’-0”

2.4 No Further Concessions or Incentives. Developer acknowledges and agrees that the concessions, incentives, and waivers set forth in section 2.3 above 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.

2.5 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than forty-three (43) Unrestricted Units (i.e. – non-Affordable Units).

2.6 Affordable Units. The Project, for purposes of this Agreement, shall have no less than fifty-one (51) single-family attached townhomes, eight (8) of which are designated as LowIncome Affordable Units pursuant to the terms and conditions of this Agreement. The Affordable Units shall be consistent with all City approvals, and shall be located throughout the Project.

2.7 Minimum Development Standards for Affordable Units. The Affordable Units shall be constructed in accordance with all applicable City approvals.

2.8 Permits and Processing; Compliance with Laws. Developer, at its sole cost and expense, or as otherwise set forth in a separate written agreement, shall secure or cause to be secured any and all permits that may be required for development of the Project by City or any other federal, state, or local governmental entity with jurisdiction over the Property or Project.

Upon securing any and all required permits, and all necessary financing and property interests, Developer shall carry out and perform the development of the Project or cause the performance of the development of the Project, in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval issued by the City Council and City's Planning Commission for the Project. Any changes to the Project shall be reviewed by the City to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of Developer to comply with any terms of this Agreement in City’s sole determination, then City and Developer shall meet and confer to address amendments and revisions to this Agreement as necessary.

2.9 Relocation Prior to Development of Project. If relocation is required prior to the completion of development of the Project, Developer shall have the sole and exclusive City Council 21 – 28 12/6/2022
6 responsibility for providing relocation assistance and paying all relocation costs as may be required to comply with applicable federal and state laws and regulations. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City’s choosing and the consent of Developer, which shall not be unreasonably withheld and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance, benefits and costs prior to the completion of the development of the Project.

2.10 Local Sourcing Plan. Developer agrees to make a good faith effort to encourage contractors and suppliers to hire and procure locally, to the extent that it is cost effective and does not delay the overall project development schedule. Prior to issuance of a building permit, Developer shall develop and submit or cause the development and submittal to the Community Development Agency (the “CDA”) a local sourcing plan for the Project targeting, to the extent commercially reasonable, the hiring of qualified workers, construction contractors, or the purchasing of goods locally within the City of Santa Ana. The plan must be reviewed and approved by the CDA which if not granted or denied within five (5) business days, shall be deemed approved (with such approval not to be unreasonably withheld, conditioned or delayed) and be implemented for the construction of the project prior to issuance of a building permit.

2.11 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably necessary to remove any future mechanic's liens or other similar liens (including design professional liens) against the Property or Project, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer. Prior to the recording of this Agreement (or memorandum thereof) pursuant to Section 4.1 below, Developer shall provide evidence from the Title Company of any new recordings against the Property or Project. City hereby reserves all rights to post notices of non-responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City’s choosing and the consent of Developer, which shall not be unreasonably withheld - and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party by reason of a mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of, Developer.

3. AFFORDABILITY

3.1 Total Affordability Term. Pursuant to Santa Ana Municipal Code Section 41- 1906(e)(1), each Affordable Unit shall be restricted to use and occupancy by an Eligible Household for a total period of no less than fifty-five (55) years ("Total Affordability Term"). The Total Affordability Term for an Affordable Unit shall commence on the date that the building in which the Affordable Unit is located receives all required occupancy permits from the City.

City Council 21 – 29 12/6/2022
7 3.2 Memorializing Commencement of Total Affordability Term. The commencement date for each Affordable Unit is the date that a deed is recorded conveying the Affordable Unit from Developer to a member of the homebuying public. Developer shall deliver a copy of each grant deed to the City so that the City has a record of the commencement date for each Affordable Unit.

3.3 Levels of Affordability.

3.3.1 Low Income Households. Developer covenants that no less than eight (8) Affordable Units in the Project during the Density Bonus Housing Agreement Term will be built and initially sold or conveyed to, or preserved for Low-Income Households.

4. OWNERSHIP AND OPERATION OF THE PROJECT BY OWNER

4.1 Payment of Density Bonus Setup Fee. Prior to the Effective Date, Developer delivered payment to City of the required density bonus setup fee in the amount of one-eighth (1/8th) of one percent (1%) of the total estimated construction budget for the Project.

4.2 Recording of Documents. No later than issuance of building permits for the Project, Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement. City shall cooperate with Developer in promptly executing in recordable form this Agreement. The date of recording of the Agreement shall be the Effective Date of the Agreement (“Effective Date”). Upon the date of recording, the terms and conditions of this Agreement shall be binding upon and run with the Property and the Project. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Property, the Project, and the Affordable Units to ensure compliance with the State Density Bonus Law and City Density Bonus Law. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Affordable Units to ensure the continued supply of Affordable Units in the Project, except as expressly set forth in this Agreement.

4.3 Sale of Units. Upon the completion of construction of each Affordable Unit in the Project and receipt by Developer of all required permits for the occupancy of the Units, Developer shall sell or convey each Affordable Unit for the Total Affordability Term for such Affordable Unit in accordance with the terms and conditions set forth in this Agreement, which provide among other terms and conditions for the sale or resale of each Affordable Unit to an Eligible Household for the Total Affordability Term.

4.4 Location of Affordable Units. During the Density Bonus Housing Agreement Term, the Affordable Units shall be dispersed throughout the Project as provided in the approved Inclusionary Housing Plan Application dated April 27, 2022.

4.5 Use of the Property. All uses conducted on the Property by Developer, including, without limitation, all activities undertaken by the Developer pursuant to this Agreement, shall conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal, state, and local laws, rules, and regulations. The Project shall at all times during the term of this City Council 21 – 30 12/6/2022
8 Agreement be used as a townhome complex. All of the community facilities and any social programs provided to the Project’s residents shall be available on an equal, nondiscriminatory basis to residents of all Units at the Project.

4.6 Maintenance. Developer shall, at all times during the term of this Agreement, cause the portion of the Property and the Project that Developer owns to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair, to the extent commercially reasonable.

Developer shall, prior to the first close of escrow for sale of any Unit, form a homeowners association that will, at all times during the term of this Agreement, cause the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair, to the extent commercially reasonable. City, and any of its employees, agents, contractors or designees shall have the right to enter upon the Property at reasonable times following not less than -forty-eight (48) hours’ prior written notice and in a reasonable manner to inspect the Project. If at any time the Project or the Property is not maintained in accordance with this Agreement and such condition is not corrected within seven (7) days after written notice from City with respect to debris and waste material, or within thirty (30) days after written notice from City with respect to general maintenance, landscaping and building improvements, unless corrections are initiated and City has agreed to a reasonable amount of time to complete corrections, then City, in addition to whatever remedy it may have at law or at equity, shall have the right to enter upon the applicable portion of the Project or the Property and perform all acts and work necessary to protect, maintain, and preserve the Project and the Property, and to attach a lien upon the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by City and/or costs of such cure, including a reasonable administrative charge, which amount shall be promptly paid to City upon demand.

Notwithstanding the foregoing, City acknowledges and agrees that the priority of any such lien shall be deemed to be the date such lien is filed, and not the date this Agreement is recorded.

4.6.1 Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency (the “PBA”), the CDA, the Public Works Agency (the “PWA”), and the City Attorney to ensure that the Property and all common area improvements located thereupon are properly maintained, Developer shall execute a maintenance agreement with the City of Santa Ana, prior to occupancy which shall be recorded against the Property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following:
(a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.);
(b) Compliance with ongoing operational conditions, requirement and restrictions as applicable, the proper storage and disposal of trash and debris, and/or restrictions on certain uses;
(c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; City Council 21 – 31 12/6/2022
9 (d) Ongoing maintenance, repair and upkeep of the Property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the Property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable);
(e) If Developer and the owner of the Property are different (e.g., if the applicant is a tenant or licensee of the Property or any portion thereof), or if a homeowners association has been created, both the applicant and the owner of the Property, or homeowners association, as applicable, shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the Property or any interest in any lease, sublease, license or sublicense, except as set forth herein or unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement; (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the Property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the Property in an amount equivalent to the actual costs and/or expense incurred by the City (provided, however, that City acknowledges and agrees that the priority of any such lien shall be deemed to be the date such lien is filed, and not the date this Agreement is recorded); and,
(h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of the Certification of Occupancy.

4.7 Management Plan. Prior to Certificate of Occupancy, Developer shall submit for the reasonable approval of City a “Management Plan” which sets forth in detail the property management duties, a purchaser selection process in accordance with this Agreement, a security system (comprised of security cameras with audio voice down capability) and crime prevention program, the rules and regulations for the Property and manner of enforcement, an operating budget, the identity and emergency contact information of the professional property management company to be contracted with to provide onsite property management services at the Property (“Property Manager”), and other matters relevant to the management of the Property. The Management Plan shall require Developer to adhere to a fair sale and grievance procedure. The City Council 21 – 32 12/6/2022
10 management of the Property shall be in compliance with the Management Plan as approved by City.

If City determines that the performance of the Property Manager is deficient based upon the standards set forth in the approved Management Plan and in this Agreement, City shall provide written notice to the Developer and/or homeowners association, as applicable, of such deficiencies and the Developer and/or homeowners association, as applicable, shall use commercially reasonable efforts to correct such deficiencies. In the event that such deficiencies have not been cured within thirty (30) days, or, if cure is not reasonably possible within 30 days, then unless actions to commence a cure are taken within 30 days and continued thereafter with diligence, City shall have the right to require the Developer and/or homeowners association, as applicable, to immediately remove and replace the Property Manager with another property manager or property management company which is reasonably acceptable to the City Manager, which is not related to or affiliated with Developer, and which has not less than five (5) years’ experience in property management, including significant experience managing housing facilities of the size, quality and scope of the Project. The Developer and/or homeowners association, as applicable, shall give City notice of the proposed replacement Property Manager. Such proposed replacement Property Manager shall be subject to the City’s approval (with such approval not to be unreasonably withheld, conditioned or delayed).

4.8 Reserved.

4.9 Selection of Purchasers.

4.9.1 Developer shall review the selection of purchasers for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. Each Affordable Unit shall be sold to Eligible Households.

4.9.2 Local preference for Santa Ana residents and workers in purchase selection for the Affordable Units shall be a requirement of the Project. Subject to applicable laws and regulations governing nondiscrimination and preferences in housing occupancy required by the State of California, the Developer shall give preference or cause for the preference in selling the Affordable Units to households that live and/or work in the City of Santa Ana.

4.9.3 Prior to the sale of an Affordable Unit, Developer shall require the purchaser or cause for the purchaser to be required to complete an Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the purchaser buying the Affordable Unit is an Eligible Household and otherwise meet(s) the eligibility requirements established for the Affordable Unit. Developer shall verify the income of the purchaser as set forth herein. Developer and City shall be entitled to rely on the Income Verification Form and supporting documentation provided by purchaser unless Developer or City has knowledge of, or a reasonable basis for belief as to, the inaccuracy or falsehood of any of the supporting documentation.

4.10 Income Verification and Certification.

City Council 21 – 33 12/6/2022
11 Developer shall be entitled to rely on the Income Verification Form and supporting documentation provided by purchasers unless Developer has knowledge of, or a reasonable basis for belief as to, the inaccuracy or falsehood of any of the supporting documentation. Developer shall make reasonable efforts to verify or cause to be verified that the income and asset statement provided by an applicant in an income certification is accurate by taking, at a minimum, at least one of the following steps as a part of the verification process: (1) obtain three months consecutive pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) obtain an income verification form from the purchasers current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification.

4.10.1 Gross Household Income. Gross household income means all income from whatever source from all adult Household members, which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914.

4.11 Reserved.

4.12 Notice of Affordability Restrictions on Transfer of Property. In the event of the sale or resale of each Affordable Unit during the Total Affordability Term, the City, transferor, and the transferee, shall execute and deposit into escrow, to be recorded before or on closing, against the Affordable Unit, a Notice of Affordability Restrictions on Transfer of the Property as contained herein (Exhibit C). The sale or transfer of the Property, shall not be effective unless and until the City, transferor, and the transferee, execute the documents necessary to transfer the Density Bonus Agreement obligations from the transferor to the transferee.

4.13 Reserved.

4.14 Alternative Transportation and Energy Source, Resource Conservation, and LEED Certification. While not a condition of the Project’s Density Bonus, in recognition of the City’s desire to optimize the energy efficiency of the Project, Developer agrees to consult with the project design team, a CABEC certified 2016 Certified Energy Analyst, a LEED AP Homes (low-rise and mid-rise), LEED AP BD+C (high rise), National Green Building Standard (NGBS) Green Verifier, or GreenPoint Rater (one person may meet both of these latter qualifications) early in the Project design process to evaluate a building energy model analysis and identify and consider energy efficiency or generation measures. Prior to the meeting, the energy analyst shall complete an initial energy model based on either current T24 standards or, if the Project is eligible, the California Utility Allowance Calculator using best available information on the Project. To the extent financially feasible for the Project, Developer agrees to incorporate and optimize energy efficient building materials, methods, and amenities.

4.15 Reserved.

City Council 21 – 34 12/6/2022
12 4.16 Emergency Evacuation Plan. Developer shall submit and obtain approval of an Emergency Evacuation Plan (the EEP) from City Police and Fire Protection agencies prior to issuance of a Certificate of Occupancy. The approved EEP shall be kept onsite and also be submitted to the following City agencies:
(a) Police Department
(b) Fire Department
(c) Planning and Building Agency

4.17 Reserved.

4.18 Onsite Parking Management Plan. Developer has agreed to provide one-hundredand-five (105) onsite parking stalls for residents and visitors of the Project and to obligate the homeowners association to actively monitor the parking demand of the Project site. Developer and/or the homeowners association, as applicable, shall be obligated to continually monitor and take commercially reasonable measures to manage the parking demand of the Project site - to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. Prior to issuance of the Certificate of Occupancy or finalizing of building permits, Developer shall submit and obtain approval from the Planning and Building Agency of a Parking Management Plan (the "PMP") as per conditions of approval in Vesting Tentative Tract Map No. 2022-03 to address the parking demands of the Project. The approved PMP shall be adhered to and be enforced by the Project at all times.

4.19 Marketing and Resident Selection Plan. Each Affordable Unit shall be sold to Eligible Households selected by Developer who meet all of the requirements provided herein. Prior to Certificate of Occupancy, Developer shall prepare and obtain City’s approval of a marketing program and purchaser selection plan for the sale of the Affordable Units at the Project (“Marketing Program”). The sale of the Affordable Units shall thereafter be marketed in accordance with the Marketing Program as the same may be amended from time to time with City’s prior written approval. Upon request, Developer shall provide City with periodic reports with respect to the sale of the Affordable Units.

4.19.1 The Marketing Program shall include, but is not limited to, marketing and community outreach activities, proposed purchaser selection criteria, income requirements, timeline and details for outreach and marketing. All requirements set forth herein shall be incorporated in the Marketing Program.

5. RESERVED

6. TERM OF THIS AGREEMENT
The term of this Agreement ("Density Bonus Housing Agreement Term") shall commence on the Effective Date and shall continue until the date that is fifty-five (55) years after the City issues the last certificate of occupancy for the building in which the Affordable Units are located, pursuant to Santa Ana Municipal Code Section 41-1906(e)(1).

7. DEFAULT AND TERMINATION; INDEMNIFICATION
City Council 21 – 35 12/6/2022
13 7.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein), constitutes a default under this Agreement; provided, however, if such default is of the nature reasonably requiring more than thirty (30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion. Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default.

7.2 Rights and Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. Notwithstanding anything to the contrary contained in this Agreement, in no event shall either Party be liable for speculative, consequential, punitive or other indirect damages, and each Party waives any right to collect speculative, consequential, punitive or other indirect damages against the other Party.

7.3 Indemnification. In addition to any other indemnity specifically provided in this Agreement, Developer agrees to defend (with counsel of City’s choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent) indemnify and hold harmless City and its respective officers, officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from and against any loss, liability, claim, or judgment arising from any act or omission of Developer in connection with its obligations under this Agreement, except to the extent caused by the negligence or willful misconduct of any of the Indemnitees.

8. ASSIGNMENT; COVENANTS RUN WITH THE LAND

8.1 Assignment by Developer.

8.1.1 Prohibited Transfers or Assignments. Except as authorized in this Section or Sections 8.1.2 or 8.1.3 below, Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement, in whole or in part, without City's prior written approval, which shall not be unreasonably withheld, conditioned or delayed (“Permitted Transfer”); provided, however, Developer shall have the right without City’s prior written approval to transfer or assign the Property, Project and/or Developer’s rights and obligations in this Agreement to any entity that is controlled by, or is under common control with, Developer or Developer’s managing general partner, and Developer shall thereafter be released from any future obligations under this Agreement. In connection with Permitted Transfer, Developer shall: (i) notify City in writing of the sale, transfer, or assignment of all or any portion of the Property, and (ii) deliver to City an assignment and assumption agreement (or other agreement) in a form approved by City in its reasonable discretion and executed by Developer and its transferee/assignee pursuant to which Developer's transferee/assignee assumes all of City Council 21 – 36 12/6/2022
14 Developer's covenants and obligations set forth herein with respect to the Property or the portion thereof so transferred. Any request for transfer or assignment of the Agreement by Developer shall require the payment of fees or a deposit to pay for the City’s actual, documented expenses to review the request. Upon the delivery of the assignment and assumption agreement as provided for above for a Permitted Transfer, or in the event of a sale of the Property/Project as provided for in this Section 8.1.1, Developer shall be released from any future obligations under this Agreement.

8.1.2 Sale of Property. Developer agrees and declares that the Property and the Project shall be sold, used, occupied, operated, and approved subject to all obligations set forth or incorporated in this Agreement, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property and the Project. All of the obligations set forth or incorporated in this Agreement shall constitute covenants which run with the land and shall be binding on Developer and its successors and assigns, and all parties having or acquiring any right, title or interest in, or to any part of the Property or Project. Developer further understands and agrees that the Density Bonus permit approvals received for this Project have been made on the condition that Developer and all subsequent owners, or other successors and assigns of the Property and/or Project purchase the Affordable Units in accordance with the terms and conditions stipulated in Sections 4, 5 and 6 of this Agreement for a term of fifty-five (55) consecutive years commencing upon the commencement date described in Section 3.2 above.

8.1.3 Sale of Condominiums; Transfer to Homeowners Association. Developer shall have the right to sell each of the Affordable Units to a qualified household in accordance with this Agreement and the procedures listed in Exhibit C, the Notice of Affordability Restrictions, subject to the City’s confirmation of the qualified household. Without the City’s prior written approval, Developer shall have the right to sell each of the Unrestricted Units to a member of the homebuying public. Without the City’s prior written approval, Developer shall have the right to convey all or a part of the common area of the Project to the homeowners association formed to manage the Project, subject to the City’s approval of any CC&R’s for the Project.

8.1.4 Subsequent Assignment. As used in this Agreement, the term "Developer" shall be deemed to include any such transferee or assignee after the date such sale, transfer, or assignment occurs in compliance with this Agreement.

8.1.5 Unpermitted Assignments Void. Any sale, transfer, or assignment made in violation of this Agreement shall be null and void, and City shall have the right to pursue any right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales, transfers, or assignments.

8.2 Covenants Run with the Land. The Property shall be used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be binding upon Developer and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to City Council 21 – 37 12/6/2022
15 technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City. Furthermore, all of the covenants, conditions, and restrictions contained herein shall also constitute easements in gross running in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Property is rendered less valuable thereby.

Developer hereby further declares its understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City.

9. MISCELLANEOUS

9.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth and contain the entire understanding and agreement of the parties with respect to the density bonus incentive and concession provided to the Project, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

9.2 Amendment. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance approved by the City Council, or through the City Manager as detailed herein, and signed on behalf of each Party. The City Manager shall have the authority to make approvals, issue interpretations, execute documents, waive provisions, and/or enter into amendments of this Agreement on behalf of City, including but not limited to amendments to this Agreement for consistency with other Project agreements.

Any requested alteration, change or modification of the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as applicable, to pay for City’s actual, documented expenses to review the request. Each alteration, change, or modification to this Agreement shall be recorded against the Property in the Official Records of Orange County, California.

9.3 Notices.

9.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage City Council 21 – 38 12/6/2022
16 prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next-day document delivery service (such as Federal Express), charges prepaid and delivery scheduled next-day to the recipient named below, provided that the sending party receives a confirmation of delivery from the delivery service provider. All notices shall be addressed as follows:

If to City: City of Santa Ana
Community Development Agency
20 Civic Center Plaza (M-26)
P.0. Box 1988
Santa Ana, California 92702
Attention: Housing Manager
With a copy to: Office of the City Attorney
City of Santa Ana
20 Civic Center Plaza, 7th Floor (M-29)
Santa Ana, California 92702
If to Developer: Warmington Residential California, Inc. 3090 Pullman Street
Costa Mesa, California 92626

9.3.2 Change of Address. Either Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a Party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

9.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement.

9.5 Interpretation and Governing Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof.

9.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

City Council 21 – 39 12/6/2022
17 9.7 Singular and Plural. As used herein, the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates.

9.8 Joint and Several Obligations. If at any time during the term of this Agreement the Property and/or Project is owned, in whole or in part, by more than one Developer, all obligations of such Developer under this Agreement shall be joint and several, and the default of any such Developer shall be the default of all such Developers.

9.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

9.10 Computation of Days. Unless otherwise specified in this Agreement or any Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business.

9.11 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.

9.12 Non-Discrimination. In performing its obligations under this Agreement, Developer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other related activities. Developer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

9.13 Third Party Beneficiaries. No person or entity, other than City and Developer shall have any right of action based upon any provision of this Agreement.

9.14 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, epidemics or pandemics as declared by federal, state, or local emergency resolution, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes reasonably beyond the Party's control, including delays by any governmental entity (although the City may not benefit from this provision for a delay that results from City's failure to perform its obligations under this Agreement), or an insurance company of either party. If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance.

City Council 21 – 40 12/6/2022
18 9.15 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party.

9.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof.

9.17 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.

9.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

9.19 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the developer of such property.

9.20 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.

Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. City hereby authorizes City Manager to take such other actions and negotiate and execute any additional agreements as may be necessary or proper to fulfill the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City.

9.21 Estoppel Certificate. Within ten (10) business days following a written request by any of the Parties, the other Party shall execute and deliver to the requesting Party a statement City Council 21 – 41 12/6/2022
19 certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party.

9.22 No Subordination; Mortgagee Protection; Covenants Do Not Impair Liens. City's approval of the necessary land use entitlements that authorize Developer to develop, operate, and maintain the Project or to cause the development of the Project was based upon Developer's obligation to provide the Affordable Units pursuant to the State Density Bonus Law, City Density Bonus for Affordable Housing, and the terms and conditions of this Agreement. For the Term of the Density Bonus Housing Agreement, this Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof. Developer expressly understands and acknowledges that state law requires preservation of affordability covenants in connection with the approval of this density bonus project. This Agreement shall not prevent or limit Developer, in Developer’s reasonable discretion, from encumbering the Property or any portion thereof of or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property or Project and such action shall not constitute an assignment of this Agreement. No violation or breach of covenants, conditions, restrictions, provisions, or limitations contained in this Agreement shall defeat or render invalid or diminish or in any way impair the lien or charge of any mortgage or deed of trust or security instrument.

9.23 Attorneys' Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing Party.

9.24 Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder.
{Signatures on following page}
City Council 21 – 42 12/6/2022
IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the date set forth at the beginning of this Agreement.

ATTEST:

Clerk of the Council

APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
By: John M. Funk
Chief Assistant City Attorney
RECOMMENDED FOR APPROVAL:

CITY OF SANTA ANA
Kristine Ridge
City Manager
Michael L. Garcia
Executive Director
Community Development Agency

ORANGE COUNTY ELECTRICAL JOINT APPRENTICESHIP TRUST
By execution below, Property Owner consents to the recordation of this Agreement against its fee interest in the Property:

Wesley T. Geller, trustee of the Orange County Electrical Joint Apprenticeship Trust By: -----------
20 NOTE:

Developer acknowledges and agrees to the
language within this document.

Warmington Residential California, Inc.

By:_+---t'-+--=---=--"---+--+-------
Jo
Vi res1 e
City Council 21 – 43 12/6/2022
21 EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY

REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

THAT PORTION OF LOT "I" OF THE STAFFORD AND TUSTIN TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 618 AND 619 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE WESTERLY LINE OF LOT "I" OF THE "STAFFORD AND TUSTIN TRACT" AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 618 OF

MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, SAID POINT BEING 862.54 FEET SOUTHERLY FROM THE NORTHWEST CORNER OF SAID LOT "I",

BEING ALSO THE SOUTHWEST CORNER OF THE TRACT CONVEYED TO PACIFIC ELECTRIC RAILWAY COMPANY BY DEED RECORDED JANUARY 29, 1918 IN BOOK 317, PAGE 340 OF DEEDS; RUNNING THENCE EAST ALONG THE SOUTH LINE OF SAID TRACT CONVEYED TO THE PACIFIC ELECTRIC RAILWAY COMPANY, 398.43 FEET,

MORE OR LESS, TO THE SOUTHEAST CORNER THEREOF, SAID POINT BEING ALSO IN THE EAST LINE OF LANDS CONVEYED TO J. J. VAN WYK BY DEED RECORDED APRIL 28, 1916 IN BOOK 273, PAGE 137 OF DEEDS; RUNNING THENCE SOUTH ALONG SAID EAST LINE, 246.275 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF SAID TRACT CONVEYED TO J. J. VAN WYK; THENCE WEST 398.43 FEET TO THE SOUTHWEST CORNER OF SAID TRACT CONVEYED TO J. J. VAN WYK; THENCE NORTH 247.085 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM, THAT PORTION OF SAID LOT "I" AS DESCRIBED IN DEED TO THE CITY OF SANTA ANA, RECORDED SEPTEMBER 28, 1971 IN BOOK 9822, PAGE 341 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.

APN: 402-061-03
City Council 21 – 44 12/6/2022
EXHIBIT “B”
Income Verification Form Page 1
Santa Ana, California

INCOME VERIFICATION FORM
Inclusionary Unit Address: ________________________________________________________________ Head of Household (Print Name):

Current Address (if
different from above):

Telephone Number: Home: Work: Cell:

Email address:

Date of Birth: Social Security # or TIN:

Household Composition
List All Household Members Living in the Inclusionary Unit Name Sex Age
Dependent
(Y/N)
Social Security #
or Taxpayer ID #
List additional household members on a separate sheet of paper.

City Council 21 – 45 12/6/2022
EXHIBIT “B”
Income Verification Form Page 2
Santa Ana, California

INCOME VERIFICATION FORM
Monthly Gross Income *
List All Sources of Income of All Household Members Living in the Inclusionary Unit Part 1: Earned Income
Head of
Household
Other
Household
Members Total

1. Gross wages, before payroll deductions and
including overtime pay, commissions, fees, tips
and bonuses.
$ $ $

2. Net income from self employment, independent
contractor work or a business.
$ $ $

3. Social security and any payments from annuities,
insurance policies, pension/retirement funds,
disability or death benefits received periodically.
$ $ $

4. Payment in lieu of earnings, such as
unemployment, disability compensation, worker’s
compensation and severance pay.
$ $ $

5. Public assistance, welfare payments $ $ $

6. Alimony, child support, other periodic allowances $ $ $

7. Regular pay, special pay and allowances of
members of the Armed Forces
$ $ $

8. Other $ $ $
Subtotal: Monthly Earned Income $
Total Monthly Earned Income x 12 = $_______________ Total Annual Household Gross Earned Income City Council 21 – 46 12/6/2022
EXHIBIT “B”
Income Verification Form Page 3
Santa Ana, California

INCOME VERIFICATION FORM
Monthly Gross Income *
List All Sources of Income of All Household Members Living in the Inclusionary Unit Part 2: Investment Income
Head of
Household
Other Adult
Household
Members
Total
Household
Investment
Income

1. Interest paid on Bank and Savings accounts $ $ $

2. Dividends and other payments from stocks and
bonds
$ $ $

3. Income from real property (i.e. rental property) $ $ $

4. Other (describe) $ $ $
Subtotal: Monthly Investment Income: $
Total Monthly Investment Income x 12 = $_______________ Total Annual Household Investment Income *Note: The following items are not considered income: casual or sporadic gifts; amounts specifically for or in reimbursement of medical expenses; lump sum payments such as inheritances, insurance payments, capital gains and settlement for personal or property losses; educational scholarships paid directly to the student or educational institution; special pay to a serviceman head of family away from home and under hostile fire; relocation payments under federal, state or local law; foster child care payments; value of coupon allotments for purpose of food under Food Stamp Act of 1964 which is in excess of amount actually charged the eligible household; payments received pursuant to participation in the following programs: VISTA, Service Learning Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience.

City Council 21 – 47 12/6/2022
EXHIBIT “B”
Income Verification Form Page 4
Santa Ana, California

INCOME VERIFICATION FORM
Assets **
List the Current Value of All Assets of All Household Members Living in the Inclusionary Unit If the Asset generates income, that income must be specified In Part 2 above Head of
Household
Other Adult
Household
Members Total Value of
Value Value Assets

1. Bank and Savings accounts $ $ $

2. Stocks and bonds $ $ $

3. Real property (i.e. rental property) $ $ $

4. Other (describe) $ $ $
Total Asset Value $______________________
**Note: Necessary items, such as furniture and automobiles, used for personal use are excluded from household assets. Collections of items for hobby, investment or business purposes must be included in household assets. If the total value of household assets exceeds $5,000, the calculation of the household’s annual income shall include the greater of the actual amount of income, if any, derived from all of the household assets; or 10% of the total value of the assets.

City Council 21 – 48 12/6/2022
EXHIBIT “B”
Income Verification Form Page 5
Santa Ana, California

INCOME VERIFICATION FORM
If the total asset value exceeds $5,000, perform the calculations in the following table. If the total asset value is less than $5,000, the amount of investment income to be included in annual household income is $0.

Calculation of Investment Income to be Included in Annual Household Income

1. Total Annual Household Investment Income $

2. Total Asset Value $ x 10% $
The Greater of #1 or #2 = Investment Income to be Included in Annual Household Income $___________ Calculation of the Household’s Total Annual Income
Total Annual Household Gross Earned Income $
Total Investment Income to be Included in Annual Household Income $ Total Household Income $
Documentation
Attach True Copies of the Relevant Documents Listed Below Paycheck stubs from three most recent
pay periods Bank/Savings account verification
Employment verification Self-employment verification
Three years Income tax returns for Title
Holders Unemployment verification
Social security verification Welfare verification
Alimony/child support verification Disability income verification Other (Describe)
City Council 21 – 49 12/6/2022
EXHIBIT “B”
Affidavit Page 6
Santa Ana, California

AFFIDAVIT
This Affidavit is made with the knowledge that it will be relied upon by _____________ and the City of Santa Ana to determine maximum income for eligibility to purchase the Inclusionary Unit listed above. (I/we) warrant that all information set forth in this document is true, correct and complete and based upon information (I/we) deem reliable and based upon such investigation as (I/we) deemed necessary. (I/We) acknowledge that (I/we) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of (my/our) purchase agreement and will additionally enable the seller to terminate the purchase contract and sell the Inclusionary Unit to another party. (I/We) do hereby swear under penalty of perjury that the foregoing statements are true and correct and that this affidavit has been executed as of the date specified below by each adult member of the household which intends to occupy an Inclusionary Unit located at ______________________ ,Santa Ana, California.

Signature Date
Printed Name
Executed at __________________________________, Santa Ana, California Signature Date
Printed Name
Executed at __________________________________, Santa Ana, California City Council 21 – 50 12/6/2022
EXHIBIT “C”
1 RECORDING REQUESTED BY, )
AND WHEN RECORDED MAIL TO: )
)
)
City of Santa Ana )
20 Civic Center Plaza, 6th Floor )
Santa Ana, California 92702 )
Attn: Executive Director )
This document is exempt from
payment of a recording fee
pursuant to Government Code
Sections 27383 and 6103.

NOTICE OF AFFORDABILITY RESTRICTIONS ON

TRANSFER OF PROPERTY
This Notice of Affordability Restrictions on Transfer of Property (or “Notice of Affordability Restrictions”) is executed and recorded pursuant to Section 65915 of the California Government Code, and affects that certain real property generally located at __________________ in the City of Santa Ana, California, as legally described in Exhibit A hereto (“Property”). The City of Santa Ana, a charter city and municipal corporation of the State of California (referred to herein as “City”), and Warmington Residential California, Inc. (“Developer/Property Owner”) have entered into that certain Density Bonus Housing Agreement dated as of December 6th, 2022 (“Density Bonus Housing Agreement”).

1. The Density Bonus Housing Agreement provides for affordability restrictions and restrictions on the Property, as more particularly set forth in the Density Bonus Housing Agreement. A copy of the Density Bonus Housing Agreement is on file with City as a public record and is deemed incorporated herein.

Reference is made to the Density Bonus Housing Agreement with regard to the complete text of the provisions of such agreement and all defined terms therein, which provides for affordability restrictions and restrictions on the transfer of the Property.

2. For a period commencing upon the date on which a deed conveying the Affordable Unit to a member of the homebuying public is recorded and terminating on the fifty-fifth (55th) anniversary thereof, the Property may only be transferred to City Council 21 – 51 12/6/2022
EXHIBIT “C”
2 another eligible, qualified Low Income Household at an Affordable Housing Cost; such restrictions are set forth at greater length in the Density Bonus Housing Agreement.

3. Section 4.12 of the Density Bonus Housing Agreement provides as follows:
“Notice of Affordability Restrictions on Transfer of Property. In the event of the sale or resale of an Affordable Unit during the Total Affordability Term, the City and the transferor shall execute and deposit into escrow, or record against the Affordable Unit, a Notice of Affordability Restrictions on Transfer of the Property as contained herein (Exhibit C). The sale or transfer of the Property, shall not be effective unless and until the City and the transferee execute the documents necessary to transfer the Density Bonus Agreement obligations from the transferor to the transferee.”
In the event that Developer/Property Owner desires to Transfer the Property during the Total Affordability Term, prior to the Transfer the owner shall notify City by delivering a Notice of Intent to Transfer to City, which shall indicate the identity of the proposed Transferee who desires to purchase the Property, whether the purchaser is a Low Income Household, and whether the sales price is at an Affordable Housing Cost. In addition to Homebuyer’s and the proposed Transferee’s delivery of the Notice of Intent to Transfer, the following procedure shall apply:
a. Notice to City. Developer/Property Owner shall send the Notice of Intent to Transfer to City at the address set forth in Section 9.3.1 of the Density Bonus Housing Agreement.
b. Qualification of Proposed Transferee. The proposed
Transferee shall provide the City with sufficient information in the form provided by City including without limitation, a certification as to the income and family size of the proposed Transferee, for City to determine if the proposed Transferee is a Low Income Household, and the purchase price is at an Affordable Housing Cost. c. Certificates from Parties. Developer/Property Owner and proposed Transferee each shall certify in writing, in a form acceptable to City, that the Transfer shall be closed in accordance with, and only with, the terms of the sales contract and other documents submitted to and approved by City and that all consideration delivered by the proposed Transferee to owner has been fully disclosed to the City. The written certificate shall also include a provision that in City Council 21 – 52 12/6/2022
EXHIBIT “C”
3 the event a Transfer is made in violation of the terms of this Restriction or false or misleading statements are made in any documents or certificate submitted to City for its approval of the Transfer, City shall have the right to file an action at law or in equity to make the parties terminate and/or rescind the sales contract and/or declare the sale void notwithstanding the fact that the Transfer may have closed and become final as between Developer/Property Owner and Transferee. d. Written Consent of City Required Before Transfer. During the Total Affordability Term, the Property, and any interest therein, shall not be conveyed by any Transfer except with the express written consent of the City, which consent shall be given only if the Transfer is in accordance with the provisions of this Restriction. This provision shall not prohibit the encumbering of title for the sole purpose of securing financing of the purchase price of the Property. e. Notice of Prohibited Transfer. Within twenty (20) days after receiving notification of a proposed Transfer in accordance with Section 3.a., the City shall determine and give notice to Developer/Property Owner as to whether the proposed Transfer is a Permitted Transfer or Prohibited Transfer. In the event that the proposed Transfer is a Prohibited Transfer, such notice to Developer/Property Owner shall specify the nature of the Prohibited Transfer. If the violation is not corrected to the satisfaction of the City within ten (10) days after the date of the notice, or within such further time as the City determines is necessary to correct the violation, the City may declare a Default under this Restriction. Upon the declaration of a Default, the City may apply to a court of competent jurisdiction for specific performance of this Restriction, for an injunction prohibiting a proposed sale or Transfer in violation of this Restriction, for a declaration that the Prohibited Transfer is void, or for any such other relief as may be appropriate. f. Delivery of Documents. Upon the close of the proposed Transfer, Developer/Property Owner and Transferee, as applicable, shall provide the City with a copy of the final sales contract, settlement statement, escrow instructions, all certificates required by this Section 3 and any other documents the City may request.

4. The restrictions contained in the Density Bonus Housing Agreement commence upon the date on which the Affordable Unit is conveyed to the first member of the homebuying public and terminate on the fifty-fifth (55th) anniversary thereof.

5. The commonly known addresses for the Property is
___________________________.

City Council 21 – 53 12/6/2022
EXHIBIT “C”
4 6. The assessor’s parcel numbers for the Property is ________________.

7. The legal description of the Property is attached hereto as Attachment No. 1 and is incorporated herein by reference.

8. The Density Bonus Housing Agreement, which includes the affordability restrictions referenced above, was recorded in the Office of the Orange County Recorder on (Number ).

9. The Density Bonus Housing Agreement remains in full force and effect and is not amended or altered in any manner whatsoever by this Notice of Affordability Restrictions.

10. Capitalized terms shall have the meaning established under the Density Bonus Housing Agreement (including all Attachments thereto) excepting only to the extent as otherwise expressly provided under this Notice of Affordability Restrictions.

11. Persons having questions regarding this Notice of Affordability Restrictions, the Density Bonus Housing Agreement or the Attachments thereto should contact the City at its offices (20 Civic Center Plaza, Santa Ana, California 92701, or such other address as may be designated by the City from time to time).

City Council 21 – 54 12/6/2022
EXHIBIT “C”
5 DEVELOPER/ PROPERTY OWNER:

By:

Printed Name:

THE CITY OF SANTA ANA,
By:________________________________
Executive Director
ATTEST:
______________________________
APPROVED AS TO FORM:

SONIA R. CARVALHO, City Attorney
By: ________________________
Ryan O. Hodge
Assistant City Attorney
Dated:

City Council 21 – 55 12/6/2022
EXHIBIT “C”
6 [Attach pro forma legal description for condominium. Example below.] PARCEL NO. 1
Unit _____ (the “Unit”), as shown on the Condominium Plan (“Plan”) Recorded on _________________, as Instrument No. _________________________, in Official Records of Orange County, California (“Official Records”), consisting of a portion of Lot 1 of Tract No. ______ (“Map”), filed in Book _____, Pages ___ to ___ of Miscellaneous Maps, in the Office of the Orange County Recorder.

RESERVING THEREFROM, for the benefit of Grantor, its successors in interest and its assignees, easements for access, encroachment, maintenance, drainage and support, and for other purposes, all as described in the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for ___________________Condominium Association, recorded on _________________________, as Instrument No. ____________________________ (as amended or restated, the “Declaration”), in Official Records of Orange County, California. Terms not defined in this Grant Deed shall have the meanings given to them in the Declaration and Supplemental Declaration.

PARCEL NO. 2
An undivided one-____ (1/__) fee simple interest as a tenant in common in and to the common area described in the Plan.

PARCEL NO. 3
Nonexclusive easements for access, drainage, support, encroachment, maintenance and repair, and for other purposes, all as may be shown on the Map and as described in the Declaration.

SUBJECT TO:

1. Nondelinquent general and special real property taxes and public and private assessments;

2. All covenants, conditions, restrictions, easements, reservations, rights, rights-of-way and other matters, including the Declaration;

3. All (a) matters discoverable or ascertainable by inspection or survey of the Unit, (b) zoning ordinances and regulations and other laws, ordinances or governmental regulations restricting the use, occupancy or enjoyment of the Unit, and (c) t other matters already permitted or approved by Grantee.

NOTICE: THE UNIT ON THIS PROPERTY IS REQUIRED TO BE SOLD TO A LOW

INCOME HOUSEHOLD PURSUANT TO THE DENSITY BONUS AGREEMENT WITH THE CITY OF SANTA ANA. FOR MORE INFORMATION, SEE THE DENSITY BONUS City Council 21 – 56 12/6/2022
EXHIBIT “C”
7 AGREEMENT. THE RESTRICTIONS SET FORTH IN SUCH AGREEMENT BIND ALL SUCCESSIVE OWNERS OF THIS PROPERTY.

City Council 21 – 57 12/6/2022
Planning and Building Agency
Item # 3
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Planning Commission Staff Report
September 26, 2022
Topic: Density Bonus Agreement No. 2022-03 and Vesting Tentative Tract Map No. 2022-03 – Warmington Residential (717 S. Lyon Street)

RECOMMENDED ACTION

1. Adopt a resolution approving Density Bonus Agreement No. 2022-03 as conditioned.

2. Adopt a resolution approving Vesting Tentative Tract Map No. 2022-03 as conditioned,

EXECUTIVE SUMMARY
Greg Ocasek, representing Warmington Residential California, Inc. (applicant), on behalf of Wesley T. Geller, trustee of the Orange County Electrical Joint Apprenticeship Trust (property owner), is requesting approval of density bonus agreement (DBA) No. 2022-03 and vesting tentative tract map (VTTM) No. 2022-03 (County Map No. 19195) to allow the construction of a residential townhouse development, consisting of 51 townhouse units with eight units proposed as affordable to low-income households earning less than 50-80 percent of the area median income (AMI) at 717 S. Lyon Street.

As proposed, the project will utilize waivers from development standards and/or development concessions through the density bonus agreement pursuant to California Government Code sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Section 41-1600 through 41-1607. Moreover, the project requires approval by the Planning Commission and City Council for a density bonus to allow up to 22.16 dwelling units per acre (du/ac). Staff is recommending approval of the applicant’s request due to the project’s satisfying the intent of the General Plan to promote a pedestrian-oriented environment, and because the project will provide additional affordable and market-rate ownership housing stock to the community.

Exhibit 3
City Council 21 – 58 12/6/2022
VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022

Page 2 ends

DISCUSSION
Table 1: Project and Location Information
Background and Context
Based on available permit history and historic aerial photographs, the subject site appears to have been used for agricultural purposes between circa 1938 and the mid-1960s. In the early 1970s, the Santa Ana Moose Lodge and parking lot were constructed and used through the 1990s. In 2015, the Orange County Electrical Joint Apprenticeship Trust began its use of the site as a vocational training building and associated parking lot.

The applicant is proposing the subject development pursuant to California Senate Bill 330, known as the Housing Crisis Act of 2019 or the HCA. More information on the HCA is provided in subsequent sections of this report.

California Senate Bill 330
The California Senate Bill (SB) 330, the Housing Crisis Act of 2019, (HCA) became effective on January 1, 2020, and established a statewide “housing emergency” until January 1, 2025.

The senate bill amended Government Code Section 65941.1 with the broad goals of facilitating increased production of new residential units, protecting existing units, and Item Information
Project Address and Council Ward 717 S. Lyon Street – Ward 3 Nearest Intersection Warren and Lyon streets
General Plan Designation Medium Density Residential (MR-15) Zoning Designation General Agriculture (A-1); SB330 – Corridor District zoning designation within the Harbor Mixed Use Transit Corridor Plan (SP-2)
North Multi-Family Residences (Saddleback
Park Villas)
East Multi-Family Residences (Tustin Parc
Apartments)
South Multi-Family Residences (Las Fuentes
Apartments)
Surrounding Land Uses
West Multi-Family Residences (Warwick
Square Apartments)
Property Size 2.3 acres
Existing Site Development Two existing structures and asphalt parking lot. Structures include a one-story structure in the northwest corner and one-story commercial structure on the southwest corner.

Use Permissions Multi-Family Residential (permitted under Harbor Mixed Use Transit Corridor Plan, as part of SB330 request)
Zoning Code Sections Affected Uses Article XVI.I (Density Bonus); Corridor District within the Harbor Mixed Use Transit
Corridor Plan (SP-2); and Chapter 34
(Subdivisions)
City Council 21 – 59 12/6/2022
VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022

Page 3 ends

providing for an expedited review and approval process for housing development projects through submittal of a “preliminary application.” On January 1, 2022, the HCA was extended until January 1, 2030, with the passage of Senate Bill 8.

Among other stipulations, SB 330 requires the following for applicable housing development projects:
• New, non-objective development standards established after January 1, 2020, cannot be imposed or enforced.
• Applicable housing development projects must receive a decision in no more than five (5) public hearings - whether the item is being heard by a Design Review Board, Planning Commission or City Council, and including any appeals (save for those related to a legislative action).
• Prohibits any moratorium, project or action that would result in a net downzoning, limit the number of permits to be issued, or otherwise reduce housing or limit overall population.

The application is being submitted pursuant SB 330/the HCA. As such, the proposed development site will not be required to be rezoned, if found consistent with the objective General Plan standards for the property. Moreover, the development is required to comply with the objective zoning code standards applicable to the property, but only to the extent that they facilitate the development at the density allowed by the general plan, 15 du/ac per the Medium Density Residential (MR-15) General Plan land use designation. In consultation with City Staff, Warmington Residential California, Inc. has selected the Corridor District zoning designation within the Harbor Mixed Use Transit Corridor Plan (SP-2), as the proposed zoning for the project (per SB 330), an option afforded to the developer by Appendix A of the General Plan Land Use Element.

Project Description
The project includes the construction of a new residential development consisting of 51 townhouse units, 17,790 square feet of open space, and 105 parking spaces, including 102 covered parking spaces and three open/guest parking spaces. The development will consist of twelve residential buildings with three-story townhouse units and will provide onsite bicycle storage. The structures will each contain a two-car garage at ground level (Tuckunder building design) with residential units above, some with balconies/decks and others with den/fourth flex room. The project will include eight (8) two-bedroom units, eight (8) three-bedroom units, twenty-two (22) three-bedroom plus den units, and thirteen (13) three-bedroom units plus den or an optional fourth bedroom.

Of the total units in the development, eight units are proposed to be affordable to households earning less than 50-80 percent of the AMI, which is currently set at $108,400, adjusted for City Council 21 – 60 12/6/2022
VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022

Page 4 ends

a four-person household size, as published by California Department of Housing and Community Development (HCD). Seven of the affordable units will be three-bedroom units while the last unit will be a two-bedroom unit. The proposed units will range in size between 1,300 to 1,992 square feet in size and will contain full kitchens, bedrooms, bathrooms, inunit storage, and open/common (living) areas.

Open space will be provided through several private exterior areas approximately 6,100 square feet in size, or 7 percent of the total site area. One area will be a courtyard approximately 2,016 square feet in size, located on the west side of the property, adjacent to entrance and buildings 10 and 11. A second courtyard approximately 2,178 square feet in size is proposed to be located on the east side of the property, between buildings 6 and

7. The remainder of the open space locations will be provided as courtyards between buildings and would range from 792 and 1131 square feet. The design and layout of the proposed open spaces would create a unique outdoor area within the development, which function as a passive outdoor space and provide functional amenities to residents (e.g., picnic lounges, fire pits, BBQ, etc.). Moreover, the open space would feature a landscape palette with seating options and a variety of hardscaping materials, trees, and shrubs. The proposed landscaping include, but are not limited to, olive, strawberry, and oak trees, as well as Japanese privet, blue agave, flax lily, dwarf nandina, and rosemary shrubs. Lastly, each unit will also contain decks/private balconies for the use of each unit’s owners.

The project features a contemporary architectural style similar to many multiple-family or mixed-use residential communities under construction in Santa Ana and the region. The overall design, massing, features, and materials of the new construction will be compatible with, but differentiated from the existing multi-family neighborhood. The contemporary architectural style would include fiber cement lap siding, a light sand finish stucco exterior, fiber cement building trim, metal awnings and decorative columns, and high quality architectural detailing (e.g., exterior lighting, entry doors, fenestration, etc.).

As part of the current entitlement, the applicant has submitted a vesting tentative parcel map application to subdivide the project site into condominium lot with fifty-one condominium units, which would allow each unit to be sold for individual ownership. The applicant has prepared the required vesting tentative parcel map, which clarifies the proposed subdivision for the proposed condominiums.

Page 5 ends

feasible, the law allows developers to seek up to three incentives/concessions and an unlimited number of waivers, which are essentially variances from development standards that would help the project be built without significant burden and without detriment to public health. The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. In early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to “justify” the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted.

2.3-acre site at 15 du/ac is 35 units. Of the total units in the development, eight units are proposed to be affordable. Therefore, the project would have a 23-percent affordability rate.

As such, State density bonus law allows the developer to request a maximum density bonus of 46.25-percent (46.25%).

Due to the project’s 23-percent affordability rate, the developer can seek one density bonus concession and unlimited waivers, pursuant to Section 65915 et al. of the California Government Code (Density Bonuses and Other Incentives). In addition, California Assembly Bill No. 2345, approved September 28, 2020, revised the State Density Bonus Law originally adopted in 1979 to provide additional benefits for projects that include qualifying affordable housing. Pursuant to Section 65915 et al. of the California Government Code, the developer is requesting a 46.25-percent (46.25%) state density bonus. As such, the maximum unit yield for the 2.3-acre site using the MR-15 general plan density and the State density bonus is 52 units, as outlined in Table 2. However, the applicant is only proposing to develop 51 units on the site.

46.25-Percent State Density Bonus (35 units x 0.4625) +17 units Total Units
52 units
allowed, 51
proposed
*Affordable unit percentage is calculated excluding units added by a density bonus.

The purpose of the State Density Bonus Law is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments. Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny requested concessions and waivers and is preempted from denying the Density Bonus Agreement application. Although the City has analyzed the project and has identified several areas of potential impacts, the City Council 21 – 62 12/6/2022
VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022

Page 6 ends

conditions of approval proposed for the project are intended to address any of the project’s potential impacts.

Pursuant to SB 330 and the General Plan Land Use Element, the developer has selected the Harbor Mixed Use Transit Corridor Specific Plan (SP-2) development standards for a tuck-under building type to design the projects. However, pursuant to the Density Bonus Law, the developer is seeking specific concessions and waivers from certain SP-2 standards to facilitate development of the project. Table 3 outlines the incentives/concessions and waivers requested by the applicant.

Gov’t Code Sec. 65915 (d)(2)(A)
Maximum
Building Setback
Maximum building setback from the
public street right-of-way and/or
easement is 8'-0"
SP2, Table 3-5. Building
Placement
Building 1 is located 9'-7" from the
utilities easement line and Building 2
is located 11'-4" from the same
easement line.

The site is also parked in compliance with the Corridor District subsection of the Harbor Mixed Use Transit Corridor Plan (SP-2), which requires 1.75 parking spaces, inclusive of guest parking. The site provides 105 total parking spaces or 2.1 spaces per unit, which City Council 21 – 63 12/6/2022
VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022

Page 7 ends

includes two covered parking spaces for each townhouse unit and three open/guest parking stalls.

To proactively address any neighborhood parking impacts that could result from the project, the conditions of approval for the VTTM and terms of the DBA include provisions requiring the following parking management practices, to be incorporated into the final, recorded CC&Rs, and applicable throughout the life of the project:
• Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the surface guest parking spaces;
• Policies for maximum time vehicles may be parked in the surface guest spaces; • Policies for towing unauthorized vehicles; vehicles parked in unauthorized locations, such as fire lanes; vehicles parking in surface guest parking without a sticker, hangtag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed; and
• Routine garage inspections to ensure garages are available for vehicle parking.

Analysis of the Issues
Pursuant to Section 41-1607 of the SAMC, an application for a density bonus agreement is required to be approved by the Planning Commission for any project containing “deviations” (incentives/concessions and/or waivers). The Planning Commission’s review of the density bonus agreement is based on the following findings:

1. The proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city.

2. The development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element.

3. 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.

The project does not require a Site Plan Review Application pursuant to Table 3-2 (Permitted Uses) as part of the Harbor Mixed Use Transit Corridor Plan (SP-2). Accordingly, the Planning Commission’s review and determination for this request are limited to the provisions of the Density Bonus Agreement application only.

City Council 21 – 64 12/6/2022
VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022

Page 8 ends

Providing the required open space standard would lead to the elimination of three or more units, which would affect the feasibility to construct the project.

In order to maintain the current proposed unit count, the developer would be required to construct additional floor levels, which would exceed the maximum allowable height as part of the Harbor Mixed Use Transit Corridor Plan (SP-2), and would further increase development costs. To help alleviate the open space deficiency, the project proposes an average of 213 square feet of private open space per unit, through use of private balconies/decks.

This would exceed the minimum required private open space of 90 square feet per unit.

Maximum Building
Setback (Waiver)
Pursuant to SP-2, the maximum building setback from the public right-of-way and/or easement is 8'-0". As proposed, the project is designed to exceed the maximum allowed setback, as two of the proposed buildings would be located 9'-7" and 11'-4" from a utilities easement line.

The maximum setback outlined in SP-2 was originally intended for a more urban corridor of Santa Ana (Harbor Boulevard), as a means of regulating land development to achieve a specific urban form and which envisioned a more multi-modal boulevard. The proposed project is located in a suburban area of the City, with multi-family low- to medium-density developments. The existing multi-family residential developments immediately adjacent to the project site provide average front setbacks that exceed 10’-0” and extend to 20’-0”. Although exceeding the maximum allowable setback, the proposed development is consistent with the existing multi-family residences.

Moreover, the design is focused on the placement of the proposed buildings as a way to continue the existing character and overall neighborhood pattern along Lyon Street.

Fencing Height (Waiver) For residentially zoned properties, the fencing height within the front yard setback is limited to 3’-0” in height. The development proposes a 6’-0” tall tubular fencing proposed within the front yard setback.

City Council 21 – 65 12/6/2022
VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022

Page 9 ends

Standard Analysis
Building Frontage and
Minimum Ground Floor
Height (Waiver)
The development standards in SP-2 require a specific building frontage (e.g., forecourt, shop front, stoop, etc.) and minimum floor heights, based on a frontage type. As proposed, the project design does not provide a frontage type and the ground floor heights are proposed below the minimum required of 10’-0” to 15’-0”. The ground floor height is designed at a minimum of 9’-1” Maintaining the required frontage type minimum floor heights would result in a complete site and architectural redesign, involving more of the site area dedicated the frontages designs. In order to maintain the current proposed unit count, the developer would be required to redesign the site and elevation design construct, further increasing development costs and potentially leading to a loss of residential units, and a loss of further open space.

When analyzed cumulatively, the requested concessions and waivers could be avoided if the project were designed on a different site or using a different site plan. If the project were designed with a multi-level parking and/or subterranean parking structure, or if the applicant used different building materials to construct a taller project, additional area on site would become available to provide the minimum required open space and the required frontage and ground floor heights. However, these changes would increase development costs and result in a project that would exceed the maximum permitted building height, resulting in the housing project becoming financially infeasible due to the significantly increased financial implications of an alternative construction type compared to the relatively smaller scale of the project. Moreover, the changes would result in the loss of the eight affordable townhouse units.

Based on the analysis provided within this report, the proposed development will materially assist in accomplishing the goal of providing additional affordable and market-rate ownership housing stock in the city and will consistent with the applicable designation in the general plan land use element. In addition, the proposed deviations are necessary to make the project economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to section 41-1603.

Vesting Tentative Tract Map
Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act, applications for vesting tentative tract maps are approved when it can be shown that findings can be made in support of the request.

City Council 21 – 66 12/6/2022
VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022

Page 10 ends

Specifically, findings related to the proposal need to be made that find the project is consistent with the General Plan, the site is physically suitable for the type and density of the proposed project, the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat, the proposed project will not cause serious public health problems, or the proposed project will not conflict with easements necessary for public access through or use of the property must be made. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the applicant’s request, staff believes that the following analysis warrants approval of the vesting tentative tract map.

The applicant is seeking approval of a vesting tentative tract map to subdivide for condominium purposes, as the proposed development consists of fifty-one townhome units. The request would vest the right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting map is deemed complete. Upon completion of the subdivision, the lots will continue to be utilized for residential use in the form of attached tuck-under unit type structures. In reviewing the project, staff determined that the proposal as conditioned is consistent with the various provisions of the City’s General Plan. As an SB 330 application, the proposed development site is not be required to be rezoned, as it has been found to be consistent with the objective general plan standards for the property. Moreover, the proposal is consistent with the various provisions of the selected zoning designation (SP-2), including lot size, lot coverage, and parking. Lastly, the applicant has requested a concessions and waivers for those development standards that require deviations, as previously analyzed.

Further conditions of approval have been included to bring the site’s landscaping, architectural design, and Covenants, Conditions and Restrictions (CC&Rs) to be in compliance with all applicable standards of the SAMC and the Harbor Mixed Use Transit Corridor Plan (SP-2). Further, no adverse environmental impacts to fish or wildlife populations were identified as the project site is located in a built-out, urbanized area.

The project will also maintain all required easements. Finally, the tentative tract map was found to be consistent with the California Subdivision Map Act and Chapter 34 of the Municipal Code.

The overall project site provides an opportunity for additional housing and development that would otherwise continue to remain as a vacant, under-utilized parcel. These improvements will help to enhance the quality of life in the surrounding community by providing fifty-one units of for-sale, market-rate and affordable housing, with eight onsite units. Finally, the project has been designed to be compatible with the scale of other residences in the area will be consistent with several goals and policies of the General Plan as follow:
• Goal LU-1: Growing Responsibly – Provide a land use plan that improves quality of life and respects our existing community.

City Council 21 – 67 12/6/2022
VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022

Page 11 ends

o Policy LU-1.1 Compatible Uses – Foster compatibility between land uses to enhance livability and promote healthy lifestyles.
o Policy LU-1.2 Homeownership Opportunities – Support innovative development policies to expand homeownership opportunities at all income levels.
o Policy LU-1.5 Diverse Housing Types – Incentivize quality infill residential development that provides a diversity of housing types and accommodates all income levels and age groups.
• Goal LU-4: Complete Communities – Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. o Policy LU-4.7 Diverse Communities – Promote mixed-income developments with mixed housing types to create inclusive communities and economically diverse neighborhoods.
• Lastly, the project is consistent with the General Plan Appendix A, Table LU-A-1.

Interim Industrial Development Standards for development projects.

Affordable Housing Opportunity and Creation Ordinance
The project exceeds the affordable housing goal for the ownership category of the City’s Affordable Housing Opportunity and Creation Ordinance (AHOCO) by providing eight (8) onsite units in place of three (3) for sale units, which will target low-income (50-80%) in place of moderate-income households. These two factors significantly enhance the opportunity for income eligible Santa Ana households to own a home in the City at a lower cost. The units will be dispersed throughout the community. Seven of the affordable units will be three-bedroom units while the last unit will be a two-bedroom unit. The proposed units will range in size between 1,300 to 1,992 square feet in size and will contain full kitchens, bedrooms, bathrooms, in-unit storage, and open/common (living) areas. The developer’s Inclusionary Housing Plan has been reviewed and approved by the City’s Housing Division.

Public Notification and Community Outreach
Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided in Exhibit 14. In addition, staff contacted the provided contacts for the Lyon Street Neighborhood Association to ensure they were aware of the project and public hearing. At the time this report was printed, no issues of concern were raised regarding the proposed development.

Page 12 ends

well as local community organizations. The meeting included a presentation on the project as well as a question and answer period to address concerns and collect feedback.

Participants asked questions about the cost and site security. However, no issues of concern were raised regarding the proposed development. Approximately 10-15 individuals attended the meeting.

On June 1, 2022, the applicant held a second virtual Sunshine Ordinance community meeting. This meeting was also publicly noticed in the OC Register, posted on the City’s website, and invitation mailers were sent to all addresses within a 1000-foot radius of the project site, as well as local community organizations. The meeting included a brief presentation and summary on the project, a summary of the HRC public hearing and actions, as well as a question and answer period to address concerns and collect feedback. Participants asked questions about the project timing and construction impacts, affordability levels, project density, and about potential traffic and parking impacts to the community. Approximately 12-15 individuals attended the meeting. Materials from both the March 2nd and June 1st meetings were posted to the project’s City webpage.

2. Meet both of the following size criteria:

A. The site of the project is not more than four acres in total area.

B. The project does not include any single level building that exceeds 100,000 square feet.

3. Meet both of the following requirements regarding location:

A. The project is a residential project on an infill site.

B. The project is within one-half mile of a major transit stop.

4. Meet both of the following requirements regarding number of units:

A. The project does not contain more than 100 residential units.

City Council 21 – 69 12/6/2022
VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022

Page 13 ends

2) A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density infill housing unless the preponderance of the evidence demonstrates otherwise.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Resolution Approving DBA No. 2022-03 as conditioned

2. Resolution Approving VTTM No. 2022-03 as conditioned

3. Vicinity Zoning and Aerial View

4. Site Photos

5. Site Plan

6. Unit Floor Plans
City Council 21 – 70 12/6/2022
VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022

Page 14 ends

7. Building Elevations

8. Building Perspectives

9. Color and Material Board

10. Preliminary Landscape Plans

11. Vesting Tentative Tract Map

12. Sunshine Ordinance Community Meeting Materials

13. Draft Density Bonus Agreement

14. Copy of Public Notice
Submitted By:

Pedro Gomez, AICP Senior Planner
Approved By:

Minh Thai, Executive Director, Planning and Building Agency City Council 21 – 71 12/6/2022
Resolution No. 2022-xx

Page 1 of 11 ends

RESOLUTION NO. 2022-xx

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SANTA ANA APPROVING DENSITY BONUS
AGREEMENT NO. 2022-03 AS CONDITIONED TO ALLOW A

FIFTY-ONE UNIT SINGLE-FAMILY ATTACHED

TOWNHOME DEVELOPMENT FOR THE PROPERTY
LOCATED AT 717 SOUTH LYON STREET

BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows:

A. Greg Ocasek, representing Warmington Residential California, Inc. (applicant), on behalf of Wesley T. Geller, trustee of the Orange County Electrical Joint Apprenticeship Trust (property owner), is requesting approval of Density Bonus Agreement Application No. 2022-03 and a vesting tentative tract map (TTM) to allow the construction of a fifty-one unit attached townhome development, eight of which are proposed as onsite low-income affordable units.

B. California Senate Bill 330, the Housing Crisis Act of 2019 (HCA), became effective on January 1, 2020, and established a statewide “housing emergency” until January 1, 2025.

C. On January 1, 2022, the HCA was extended until January 1, 2030, with the passage of Senate Bill 8.

F. The California Density Bonus law allows developers to seek increases in base density for providing on-site housing units in exchange for providing affordable City Council 21 – 72 12/6/2022
Resolution No. 2022-xx

Page 2 of 11 ends

units on site. To help make constructing on-site affordable units feasible, the law allows developers to seek incentives/concessions or waivers that would help the project be built without significant burden and without detriment to public health.

G. The Applicant’s request has been thoroughly evaluated by the City’s Development Review Committee (DRC) through Development Project No. 2021-38. Through this review, the DRC has considered the subject site, proposed development, and the applicant’s requests for
incentives/concessions and waivers pursuant to the State’s Density Bonus Law.

H. On September 26, 2022, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral.

I. Section 41-1607 of the Santa Ana Municipal Code (SAMC) requires an application for a density bonus agreement containing deviations (incentives/concessions and/or waivers) to be approved by the Planning Commission.

J. The Planning Commission determines that the following findings, which must be established in order to grant this Density Bonus Agreement application pursuant to SAMC Section 41-1607, have been established for Density Bonus Agreement No. 2020-03 to allow construction of the proposed project:

1. That the proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city.

The proposed development will provide a fifty-one-unit singlefamily attached townhome development, eight of which are proposed as low-income affordable units, contributing toward the City’s ownership housing stock to serve the needs of diverse and underserved populations. The area in which the project is proposed currently contains multiple low- to medium-density, multi-family residential communities. The construction of this project will contribute toward an
economically balanced community by providing housing for different demographic and income levels in an area rich with employment opportunities, commercial development, and
market-rate housing.

2. That the development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element.

City Council 21 – 73 12/6/2022
Resolution No. 2022-xx

Page 3 of 11 ends

The application is being submitted as a Senate Bill No. 330 application. As such, the proposed development site will not be required to be rezoned since it has been found to be consistent with the objective general plan standards for the property. The project site is in an area already identified in the general plan (the Land Use and Housing elements) for new residential communities, with a density of 15 dwelling units per acre (du/ac). Moreover, the City’s General Plan land use designation for the project site is Medium Density Residential (MR-15), which applies to residential areas characterized by a mix of single-family and multifamily housing. Residential building types include apartments, townhomes, live-work units, and small-lot subdivisions, typically resulting in neighborhoods with a mix of low- and medium-rise buildings.

Lastly, the proposed density of 22.16 du/ac is below the density bonus provisions in the California Density Bonus Law for low-income rental projects (46.25-percent density bonus) which allows 22.6 du/ac on the project site.

3. That 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.

The proposed project requires one deviation through
incentives/concessions: open space; as well as three
deviations through a waiver in (1) maximum building setback; (2) fencing height; and (3) stoop frontage and minimum
ground floor height requirements. The four deviations are described as follows:

Open Space (Incentive/Concession)
The total common open space required for the project site is equal to 15 percent of the lot, or approximately 15,028 square feet. Instead, the project provides a 6,949-square-foot of common open space (7 percent), which is a difference of 8,079 square feet or 8 percent.

Providing the required open space standard would lead to the elimination of three or more units, which would affect the feasibility to construct the project. In order to maintain the current proposed unit count, the developer would be required to construct additional floor levels, which would exceed the maximum allowable height as part of the Harbor Mixed Use Transit Corridor Plan (SP-2), and would further increase development costs. To help alleviate the open space
deficiency, the project proposes an average of 213 square City Council 21 – 74 12/6/2022
Resolution No. 2022-xx

Page 4 of 11 ends

feet of private open space per unit, through use of private balconies/decks. This would exceed the minimum required private open space of 90 square feet per unit.

The maximum setback outlined in SP-2 was originally
intended for a more urban corridor of Santa Ana (Harbor Boulevard), as a means of regulating land development to achieve a specific urban form and which envisioned a more multi-modal boulevard. The proposed project is located in a suburban area of the City, with multi-family low- to mediumdensity developments. The existing multi-family residential developments immediately adjacent to the project site provide average front setbacks that exceed 10’-0” and extend to 20’- 0”. Although exceeding the maximum allowable setback, the proposed development is consistent with the existing multifamily residences. Moreover, the design is focused on the placement of the proposed buildings as a way to continue the existing character and overall neighborhood pattern along Lyon Street.

Fencing Height (Waiver)
For residentially zoned properties, the fencing height within the front yard setback is limited to 3’-0” in height. The development proposes a 6’-0” tall tubular fencing proposed within the front yard setback.

Maintaining the fencing height limit of 3’-0” would affect the feasibility of the proposed units to be sold to prospective buyers, and would therefore affect the feasibility of the project to be constructed. The proposed fence provides security for the proposed townhouse community, which provides a sense of comfort and safety to prospective homebuyers. In addition, the fencing would be in keeping with the existing character and overall neighborhood pattern along Lyon Street,
specifically the multi-family developments to the north and south of the project site. Las Fuentes multi-family community to the south has existing fencing and gates, while the
Saddleback Park Villas have existing perimeter block walls.

City Council 21 – 75 12/6/2022
Resolution No. 2022-xx

Page 5 of 11 ends

Moreover, the proposed design is further improved with
additional small hedges and/or shrubs that will between the public right-of-way and the proposed fencing, to soften the transition of the future sidewalk.

Stoop Frontage and Minimum Ground Floor Height (Waiver) The development standards in SP-2 require a specific building frontage (e.g., forecourt, shop front, stoop, etc.) and minimum floor heights, based on a frontage type. As proposed, the project design does not provide a frontage type and the ground floor heights are proposed below the minimum
required of 10’-0” to 15’-0”. The ground floor height is designed at a minimum of 9’-1”
Maintaining the required frontage type minimum floor heights would result in a complete site and architectural redesign, involving more of the site area dedicated the frontages designs. In order to maintain the current proposed unit count, the developer would be required to redesign the site and elevation design construct, further increasing development costs and potentially leading to a loss of residential units, and a loss of further open space.

Moreover, SP-2 was originally intended to achieve a specific urban form. The existing multi-family residential
developments immediately adjacent to the project site do not provide a frontage type, nor do they maintain a minimum building floor height. Therefore, the proposed design is consistent with the existing multi-family residences.

2. Meet both of the following size criteria:

A. The site of the project is not more than four acres in total area.

B. The project does not include any single level building that exceeds 100,000 square feet.

3. Meet both of the following requirements regarding location:

A. The project is a residential project on an infill site.

City Council 21 – 76 12/6/2022
Resolution No. 2022-xx

Page 6 of 11 ends

B. The project is within one-half mile of a major transit stop.

4. Meet both of the following requirements regarding number of units:

A. The project does not contain more than 100 residential units.

A. The project meets one of the following criteria, and the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units as set forth below at monthly housing costs determined pursuant to paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code.
1) At least 10-percent of the housing is sold to families of moderate income, or
2) Not less than 10-percent of the housing is rented to families of low income, or
3) Not less than 5-percent of the housing is rented families of very low income.

Page 7 of 11 ends

Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Density Bonus Agreement No. 2022-03 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 26, 2022, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.

ADOPTED this 26th day of September 2022, by the following vote:

AYES: Commissioners:

NOES: Commissioners:

ABSENT: Commissioners:

ABSTENTIONS: Commissioners:
_______________________
Bao Pham
Chairperson
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:________________________
Ryan O. Hodge
Assistant City Attorney
City Council 21 – 78 12/6/2022
Resolution No. 2022-xx

Page 8 of 11 ends

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Kelly Arcadio-Tajonar, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 26, 2022.

Date: ________________ ____________________________________ Recording Secretary
City of Santa Ana
City Council 21 – 79 12/6/2022
Resolution No. 2022-xx

Page 8 of 11 ends

EXHIBIT A
Conditions for Approval for Density Bonus Agreement Application No. 2020-03 Density Bonus Agreement Application No. 2020-03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval:

The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by the Density Bonus Agreement.

1. All proposed site improvements must conform to the Development Project (DP) approval of DP No. 2021-38.

4. All mechanical equipment shall be screened from view from public and courtyard areas.

5. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The City Council 21 – 80 12/6/2022
Resolution No. 2022-xx

Page 9 of 11 ends

plan shall include construction hours, staging areas, parking and site security/screening during project construction.

6. A final detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas as well as an installation plan. The exact specifications for these items are subject to the review and approval by the Planning Division.

7. Prior to installation of landscaping, the Applicant shall submit photos and specifications of all trees to be installed on the project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (24 inches minimum), brown trunk height (10-foot minimum), and name and location of the supplier.

8. After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans.

The maintenance agreement shall contain covenants, conditions and restrictions relating to the following:
a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.);
b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses);
City Council 21 – 81 12/6/2022
Resolution No. 2022-xx

Page 10 of 11 ends

c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable;
d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms.
f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement.
g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City.
h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded.

City Council 21 – 82 12/6/2022
Resolution No. 2022-XXX

Page 1 of 11 ends

RESOLUTION NO. 2022-xx

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SANTA ANA APPROVING VESTING
TENTATIVE TRACT MAP NO. 2022-03 (COUNTY MAP NO.
19195) AS CONDITIONED TO ALLOW A FIFTY-ONE UNIT

SUBDIVISION FOR CONDOMINIUM PURPOSES FOR
THE PROPERTY LOCATED AT 717 SOUTH LYON
STREET

BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows:

A. Greg Ocasek, representing Warmington Residential California, Inc. (applicant), on behalf of Wesley T. Geller, trustee of the Orange County Electrical Joint Apprenticeship Trust (property owner), is requesting approval of Vesting Tentative Tract Map No. 2022-03 (County Map No. 19195) and a density bonus agreement (DBA) to allow the construction of a fifty-one unit attached townhome development, eight of which are proposed as onsite low-income affordable units.

B. California Senate Bill 330, the Housing Crisis Act of 2019 (HCA), became effective on January 1, 2020, and established a statewide “housing emergency” until January 1, 2025.

C. On January 1, 2022, the HCA was extended until January 1, 2030, with the passage of Senate Bill 8 (SB8).

E. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 34-127, the Planning Commission is authorized to review and approve tentative tract maps.

F. Vesting Tentative Tract Map No. 2022-03 came before the Planning Commission of the City of Santa Ana on September 26, 2022, for a duly noticed public hearing.

G. The Planning Commission of the City of Santa Ana determines that following findings, which must be established in order to approve Vesting City Council 21 – 83 12/6/2022
Resolution No. 2022-XXX

Page 2 of 11 ends

Tentative Tract Map No. 2022-03, have been established as required by SAMC Section 34-127 and the California Subdivision Map Act:

1. The proposed project and its design and improvements are consistent with the Medium Density Residential (MR-15) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan.

The proposed project and its design and improvements will be consistent with the Medium Density Residential (MR-15) designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any
applicable specific plans. The proposed subdivision of land will create fifty-one condominium air-right units and will be consistent with the various provisions of the General Plan.

As proposed, the development is permitted pursuant to
SB330 and SB 8. Moreover, the development is permitted
subject to a separate approval of a density bonus
agreement, where the developer is requesting a 46.25-
percent (46.25%) state density bonus. The maximum unit
yield for the 2.3-acre site using the MR-15 general plan density and the State density bonus is 52 units, and the applicant is proposing to development 51 units on the site.

Finally, the project has been designed to be compatible with the scale of other residences in the area will be consistent with several goals and policies of the General Plan as follow:
 Goal LU-1: Growing Responsibly – Provide a land use
plan that improves quality of life and respects our
existing community.
o Policy LU-1.1 Compatible Uses – Foster
compatibility between land uses to enhance
livability and promote healthy lifestyles.
o Policy LU-1.2 Homeownership Opportunities –
Support innovative development policies to
expand homeownership opportunities at all
income levels.
o Policy LU-1.5 Diverse Housing Types –
Incentivize quality infill residential development
that provides a diversity of housing types and
accommodates all income levels and age
groups.

City Council 21 – 84 12/6/2022
Resolution No. 2022-XXX

Page 3 of 11 ends

 Goal LU-4: Complete Communities – Support a
sustainable Santa Ana through improvements to the
built environment and a culture of collaboration.
o Policy LU-4.7 Diverse Communities – Promote
mixed-income developments with mixed
housing types to create inclusive communities
and economically diverse neighborhoods.
 Lastly, the project is consistent with the General Plan Appendix A, Table LU-A-1. Interim Industrial
Development Standards for development projects.

2. The proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances.

The proposed development is being submitted as an SB 330 application and in consultation with City Staff and pursuant to Appendix A of the General Plan Land Use Element, the
applicant has selected the Corridor District zoning designation within the Harbor Mixed Use Transit Corridor Plan (SP-2), as the proposed zoning for the project. The proposed project will conform to all of the requirements of the Santa Ana Municipal Code (SAMC) and development standards as specified by the Harbor Mixed Use Transit Corridor Plan (SP-2), with the exception of open space, maximum building setbacks, fencing height, and building frontage and minimum ground floor
heights, which are subject of a separate density bonus
agreement application. Lastly, all subdivision codes will be met as well as other applicable City ordinances.

3. The project site is physically suitable for the type and density of the proposed project.

The project site is physically suitable for the type and density of the proposed project. The proposed site consists of
approximately 2.3 acres of land and is physically suitable for the proposed development, where access to the site will be from Lyon Street. The current general plan land use
designation for the project site is MR-15, which applies to residential areas characterized by a mix of single-family and multifamily housing. Residential building types include apartments, townhomes, live-work units, and small-lot
subdivisions, typically resulting in neighborhoods with a mix of low- and medium-rise buildings. The general plan density would allow up to 15 dwelling units per acre (du/ac). The City Council 21 – 85 12/6/2022
Resolution No. 2022-XXX

Page 4 of 11 ends

proposed density is 22.16 du/ac, which would be permitted through density bonus through a separate density bonus
agreement application. The proposed density is below the density bonus provisions in the California Density Bonus Law for low-income rental projects (46.25-percent density bonus) which allows 22.6 du/ac on the project site.

4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Since the project is located in an urbanized area, there are no known fish or wildlife populations existing on the project site.

Therefore, the proposed subdivision will not cause any
substantial environmental damage or substantially and
avoidably injure fish and wildlife or their habitat. Additionally, the development of the property as proposed, has been
determined to be exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). The project site is not more than four acres in area, the project does not include any single level building exceeding 100,000 square feet, and the project is an infill development within one-half mile of a major transit stop. Moreover, the development promotes higher density infill housing, does not contain more than 100
residential units, and results in housing units made available to low income families.

5. The design or improvements of the proposed project will not cause serious public health problems.

The design or improvements of the proposed project will not cause serious health problems, with the proposed subdivision not having any detrimental effects upon the general public.

The property will include necessary utilities and infrastructure improvements as required under Development Project
Review No. 2021-38.

6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of, property within the proposed project.

City Council 21 – 86 12/6/2022
Resolution No. 2022-XXX

Page 5 of 11 ends

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 the existing and recorded easements for the property have been considered as part of the review. An existing easement for electric lines, conduits, and incidental purposes in the document recorded September 23, 1963 as book 6728,
page 662 of official records is proposed to remain. An
easement for either or both underground lines, conduits, including above-ground appurtenant fixtures and incidental purposes in the document recorded as book 9812, page 266 of official records in proposed to be removed. A new
emergency vehicle, trash collection, and public utility easement will be recorded under the new subdivision. The subdivision consists of fifty-one condominium air-right units along Lyon Street. The installation of all utilities will conform with the requirements stated in Section 41-626 of the Santa Ana Municipal Code. The conceptual design of all proposed construction for the property will not affect the right-of-way for road purposes.

2. Meet both of the following size criteria:

A. The site of the project is not more than four acres in total area.

B. The project does not include any single level building that exceeds 100,000 square feet.

3. Meet both of the following requirements regarding location:

A. The project is a residential project on an infill site.

B. The project is within one-half mile of a major transit stop.

4. Meet both of the following requirements regarding number of units:

A. The project does not contain more than 100 residential units.

City Council 21 – 87 12/6/2022
Resolution No. 2022-XXX

Page 6 of 11 ends

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 procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or City Council 21 – 88 12/6/2022
Resolution No. 2022-XXX

Page 7 of 11 ends

local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.

Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Vesting Tentative Tract Map No. 2022-03 as conditioned in “Exhibit A”, attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 26, 2022, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.

ADOPTED this 26th day of September 2022, by the following vote:

AYES: Commissioners:

NOES: Commissioners:

ABSENT: Commissioners:

ABSTENTIONS: Commissioners:
_______________________
Bao Pham
Chairperson
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:________________________
Ryan O. Hodge
Assistant City Attorney
City Council 21 – 89 12/6/2022
Resolution No. 2022-XXX

Page 8 of 11 ends

Date: ________________ ____________________________________ Recording Secretary
City Council 21 – 90 12/6/2022
Resolution No. 2022-XXX

Page 6 of 11 ends

EXHIBIT A
Conditions for Approval for Vesting Tentative Tract Map No. 2022-03 Vesting Tentative Tract Map No. 2022-03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, Applicant shall meet the following conditions of approval:

The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this tentative tract map.

1. All proposed site improvements must conform to the Development Project (DP) approval of DP No. 2021-38.

2. Any amendment to this Vesting Tentative Tract Map No. 2022-03, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages, must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the Vesting Tentative Tract Map must be amended.

3. Applicant must submit Covenants, Conditions and Restrictions (CC&Rs) for the project to the case planner for review and approval prior to the final map being recorded.

4. Walls and Fencing.
a. The applicant shall be construct a minimum six-foot (6’) tall perimeter wall, as measured from nearest adjacent finished sidewalk, surrounding the project site. The perimeter wall shall conform to all applicable Citywide Design Guidelines, including a split-face or painted design with regularly-spaced pilasters and decorative cap. The applicant is responsible for coordination with any adjacent property owners to avoid double-walls or gaps between walls where possible.
b. Climbing vines shall be planted at regularly-spaced intervals along all exposed walls and wrought-iron fencing to deter graffiti. All solid walls shall be finished with anti-graffiti coating.

5. The following parking management practices shall be incorporated into the final, recorded CC&Rs and shall apply through the life of the project:

City Council 21 – 91 12/6/2022
Resolution No. 2022-XXX

Page 7 of 11 ends

a. Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the surface guest parking spaces;
b. Policies for maximum time vehicles may be parked in the surface guest spaces;
c. Policies for towing unauthorized vehicles; vehicles parked in unauthorized locations, such as fire lanes; vehicles parking in surface guest parking without a sticker, hang-tag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed; and
d. Routine garage inspections to ensure garages are available for vehicle parking.

6. The final map must be approved and recorded prior to issuance of a certificate of occupancy or final sign-offs of building permits for the townhome buildings, whichever is first.

7. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act.

8. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Authority, Building Division, and Public Works Agency within 10 days of recordation.

9. Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement or incorporate the form of this condition within the Project’s CC&R’s with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following:
a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.);
City Council 21 – 92 12/6/2022
Resolution No. 2022-XXX

Page 8 of 11 ends

b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses);
c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable;
d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable);
e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms.
f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement.
g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded.

City Council 21 – 93 12/6/2022
8/18/22, 10:54 AM .
https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview.html 1/1 DBA No. 2022-03 and TTM No. 2022-3, Warmington Residential Development 717 S. Lyon Street
Exhibit 3 - Vicinity Zoning and Aerial View
© 2022 Digital Map Products. All rights reserved.

Santa Ana Boundary
Zoning
Zoning
500 feet
City Council 21 – 94 12/6/2022
Warmington Residential
717 S. Lyon St., Santa Ana, CA 92705
Site Photos

Page 1 of 5 ends

City Council 21 – 95 12/6/2022
Warmington Residential
717 S. Lyon St., Santa Ana, CA 92705
Site Photos

Page 2 of 5 ends

City Council 21 – 96 12/6/2022
Warmington Residential
717 S. Lyon St., Santa Ana, CA 92705
Site Photos

Page 3 of 5 ends

City Council 21 – 97 12/6/2022
Warmington Residential
717 S. Lyon St., Santa Ana, CA 92705
Site Photos

Page 4 of 5 ends

City Council 21 – 98 12/6/2022
Warmington Residential
717 S. Lyon St., Santa Ana, CA 92705
Site Photos

Page 5 of 5 ends

City Council 21 – 99 12/6/2022
T
T 15'
15' 15' 7'-0 1/4" T
T 15'
15' 15' 7'-0 1/4"
17R
UP
W.H.
17R
UP
16RUP
W.H.
16R
UP
W.H.

UP
17R
.H.

UP
16R
W.H.

UP
16R
W.H
UP
16R
W.H.

UP
16R
W.H.

UP
16R
W.H
UP
16R
W.H.

UP
16R
W.H.

UP
16R
W.H
UP
16R
W.H.

UP
16R
W.H.

UP
16R
W.H PROPERTY BOUNDARY

PROPERTY BOUNDARY

PROPERTY BOUNDARY
17R
UP
W.H.
17R
UP
16R
UP
W.H.
16R
UP
W.H.
17R
UP
W.H.
17R
UP
16R
UP
W.H.
16R
UP
W.H.
17R
UP
W.H.
17R
UP
16R
UP
W.H.
16R
UP
W.H.
17R
UP
W.H.
17R
UP
16R
UP
W.H.
16R
UP
W.H.
17R
UP
W.H.
17R
UP

PROJECT
ENTRY
P
26'-0"

DRIVE AISLE
6'-6" 6'-6"
6'-6" 15'-2" 29'-2" 27'-2" 20'-0" DRIVE AISLE 28'-0" 20'-0" DRIVE AISLE 28'-0" 20'-0" DRIVE AISLE 28'-0" 19'-8" 29'-2" 11'-0"
11'-0"
11'-0"
7'-0"
SETBACK ADJACENT TO PARKING 11'-4" 7'-0" DEDICATION FOR UTILITY ESMNT 16'-3" 15'-6" 31'-0" 21'-11" 10'-0" 24'-0" 60'-0"CALL BOX GUEST LANE 20'-0" DRIVE AISLE 28'-0" 20'-0" DRIVE AISLE 27'-0" 20'-0" DRIVE AISLE 28'-0" R32'-0"
S. LYON STREET
26'-0"

DRIVE AISLE
5'-0" 5'-0" 8'-6" TYP.
18'-0"
TYP. FUTURE LOCATION OF POWERLINES OVERHEAD POWER POLE OVERHEAD POWER LINE 11' TO THE CLOSEST WIRE TRASH & RECYCLE ENCLOSURE OPEN SPACE ±2,178 SF OPEN SPACE
±832 SF OPEN SPACE
±2,016 SF OPEN SPACE
±1,131 SF OPEN SPACE
±792 SF HC
P
A
A
A
A
A BLDG 1 5-PLEX C BLDG 2 4-PLEX A BLDG 3 5-PLEX B BLDG 4 4-PLEX A BLDG 5 5-PLEX A BLDG 6 4-PLEX A BLDG 12 4-PLEX B BLDG 11 2-PLEX BLDG 10 5-PLEX B BLDG 9 4-PLEX A BLDG 8 5-PLEX A BLDG 7 4-PLEX A G
G
G G
G
G
G G
G
G
G

G PRIVATE DRIVE G PRIVATE DRIVE B

PRIVATE DRIVE F PRIVATE DRIVE C

PRIVATE DRIVE E PRIVATE DRIVE D PRIVATE DRIVE A PRIVATE DRIVE A WARREN STREET 1 P1-R
2 P2-R
3P4
4 5P1
6 P4-R
7P3
8 P3-R
9P4 10 P1-R 11 12 P3-R13P3 14P3 15 P4-R 16P317 P3-R 18P4 19 P1-R 20 21 P3-R 22P323P3 24 P4-R 25P326 P3-R 27P4 4849 5051P1 46 P4-R 47P4 41 P3-R 42 P3-R 43P344P245P1 37 P4-R 38P339 P3-R 40P4 32 P3-R 33 P3-R 34P3 35P236P1 28 P4-R 29P330 P3-R 31P4 P2 P2-R P2-R P2-R P2P1 AF AFAF AF AF AFAF AF 9'-7" 7'-0"

SETBACK ADJACENT TO PARKING
11'-3" 7'-0" SETBACK ADJACENT TO PARKING 10'-11"
15'-4"
14'-0" PROPOSED ROW 7'-0" DEDICATION FOR UTILITY EASEMENT TRANSFORMER 6'-6"
10'-6"
11'-6"
10'-0"
9'-8"
9'-11"
14'-9"
14'-8" 15'-3"
0 15 30 60 Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 717 S. LYON STREET SANTA ANA, CA KTGY # 2021-0430 Warmington Residential 3090 Pullman Street Costa Mesa, CA 92626 714.434.4439 6/6/2022 1st Submittal: 12-16-2021 Plot Date: 2nd Submittal: 04-13-2022 3rd Submittal: 06-06-2022 A1.00 SITE PLAN UNIT ENTRY A ACCESSIBLE UNIT LEGEND PLAN 1 PLAN 2 PLAN 3 PLAN 4 OPEN SPACE G GAS METER LOCATION AF AFFORDABLE UNIT TRANSFORMER 15' X 15' SIGHT DISTANCE TRIANGLES ADA PATH OF TRAVEL  City Council 21 – 10012/6/2022  P2 ENTRY GARAGE 10'-5" x 40'-2" GARAGE 10'-5" x 40'-3" P1 ENTRY P2 P1 50'-9" 27'-6" 10'-5" 10'-5" 17R UP 17R UP
ELEC. CATV PATIO 12'-4" x 6'-8" PDR DECK 5'-2" x 14'-0" KITCHEN 10'-10" x 12'-5" LIVING 11'-2" x 14'-0" 23'-11" 2" 27'-2"
51'-3" P2 PANTRY FAU 27'-6" 17R UP 17R DN PDR KITCHEN 15'-10" x 11'-2" LIVING 14'-0" x 10'-8" P1 PANTRY 17R UP 17R DN DINING 12'-9" x 7'-8" DECK 12'-6" x 4'-1" DINING 8'-10" x 12'-5" FAU LAUNDRY 6'-8" x 5'-6" OPTIONAL BATH 2 W.I.C 23'-11" 27'-2"
51'-3" BED 2 10'-0" x 10'-0" PRIMARY SUITE 13'-6" x 10'-3" 17R DN P2P1 SUITE BATH LAU. BATH 2 LINEN W.I.C PRIMARY SUITE 12'-1" x 13'-5" 17R DN SUITE BATH BED 3 10'-6" x 10'-6" BED 2 11'-6" x 9'-9" 27'-6" P1 - GROSS SF 1ST FLOOR 139 SQ. FT. 2ND FLOOR 579 SQ. FT. 3RD FLOOR 591 SQ. FT. TOTAL LIVING 1309 SQ. FT. DECK 57 SQ. FT. GARAGE 529 SQ. FT. P1 - NET SF 1ST FLOOR 115 SQ. FT. 2ND FLOOR 543 SQ. FT. 3RD FLOOR 549 SQ. FT. TOTAL LIVING 1208 SQ. FT. P2 - GROSS SF 1ST FLOOR 135 SQ. FT. 2ND FLOOR 671 SQ. FT. 3RD FLOOR 685 SQ. FT. TOTAL LIVING 1491 SQ. FT. DECK + PATIO 158 SQ. FT. GARAGE 458 SQ. FT. P2 - NET SF 1ST FLOOR 119 SQ. FT. 2ND FLOOR 630 SQ. FT. 3RD FLOOR 643 SQ. FT. TOTAL LIVING 1393 SQ. FT. 0 2 4 8 Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 717 S. LYON STREET SANTA ANA, CA KTGY # 2021-0430 Warmington Residential 3090 Pullman Street Costa Mesa, CA 92626 714.434.4439 6/6/2022 1st Submittal: 12-16-2021 Plot Date: 2nd Submittal: 04-13-2022 3rd Submittal: 06-06-2022 A3.00 PLAN 1 & 2 UNIT PLANS THIRD FLOOR, P1X OPTION 1 SECOND FLOOR FIRST FLOOR 2 BEDS / 2.5 BATHS 3 BEDS / 2.5 BATHS  City Council 21 – 10112/6/2022  16R UP W.H. ENTRY
34'-0" 21'-0"
3'-0" DEN/ HOME OFFICE 10'-3" x 10'-0" PATIO TANKLESS WATER HEATER COAT GARAGE 20'-3" x 22'-10" (20X20 CLEAR SPACE) 16R UP 16R DN KITCHEN 11'-2" x 17'-3"

PANTRY DW SINK
STOVE REF.
29'-6 1/2" 21'-0"
7'-5 1/2"
37'-0" DINING 8'-7" x 9'-11" LIVING ROOM 15'-8" x 11'-10" DECK 11'-2" x 6'-6" PDR.F.A.U. CABINET 16R DN 37'-0" 21'-0" PRIMARY SUITE 11'-3" x 13'-5" BED 2 10'-0" x 10'-0" W.I.C.BATH 2 BED 3 10'-0" x 10'-0" SUITE BATH W/D GROSS SF 1ST FLOOR 249 SQ. FT. 2ND FLOOR 691 SQ. FT. 3RD FLOOR 728 SQ. FT. TOTAL LIVING 1669 SQ. FT. GARAGE 484 SQ. FT. PATIO 0 - 140 SQ. FT. DECK 72 SQ. FT. NET SF 1ST FLOOR 206 SQ. FT. 2ND FLOOR 639 SQ. FT. 3RD FLOOR 684 SQ. FT. TOTAL LIVING 1530 SQ. FT. 0 2 4 8 Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 717 S. LYON STREET SANTA ANA, CA KTGY # 2021-0430 Warmington Residential 3090 Pullman Street Costa Mesa, CA 92626 714.434.4439 6/6/2022 1st Submittal: 12-16-2021 Plot Date: 2nd Submittal: 04-13-2022 3rd Submittal: 06-06-2022 A3.10 PLAN 3 UNIT PLANS 3 BEDS + DEN/ 2.5 BATHS THIRD FLOOR SECOND FLOOR FIRST FLOOR  City Council 21 – 10212/6/2022  17RUP W.H. 8'-0" 22'-8" 14'-8" 22'-8"
2'-0"
37'-8"
38'-2" DEN / OPT. BED 4 12'-9" x 10'-4" GARAGE 21'-11" x 20'-4" ENTRY 20'-4 1/2" 21'-11" (20X20 CLEAR SPACE) STORAGE
1'-0" BATH 3
6" UP17R DN
40'-2" 17R 11'-11" 22'-8"
38'-8" OPT. CAB
1'-0" 10'-9" 22'-8" DECK 11'-8" x 7'-1" LIVING 16'-5" x 12'-8" KITCHEN 10'-9" x 17'-8" DINING 11'-1" x 17'-8" 40'-2"

STOVE PDR

PANTRY REF DW SINK

STORAGE
6" DN17R BED 3 11'-2" x 11'-2" BED 2 10'-5" x 10'-8" PRIMARY SUITE 12'-4" x 11'-10" W.I.C. BATH 2 LAUNDRY SUITE BATH LINEN 11'-11" 22'-8" 10'-9" 22'-8"
38'-8" 1'-0"
40'-2"
22'-4" 17'-8"
40'-0" 1'-2" 12'-11" 9'-9" FAU
6" GROSS SF 1ST FLOOR 398 SQ. FT. 2ND FLOOR 767 SQ. FT. 3RD FLOOR 827 SQ. FT. TOTAL LIVING 1992 SQ. FT. GARAGE 472 SQ. FT. DECK 101 SQ. FT. PATIO 0 - 140 SQ. FT. NET SF 1ST FLOOR 364 SQ. FT. 2ND FLOOR 720 SQ. FT. 3RD FLOOR 761 SQ. FT. TOTAL LIVING 1845 SQ. FT. 0 2 4 8 Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 717 S. LYON STREET SANTA ANA, CA KTGY # 2021-0430 Warmington Residential 3090 Pullman Street Costa Mesa, CA 92626 714.434.4439 6/6/2022 1st Submittal: 12-16-2021 Plot Date: 2nd Submittal: 04-13-2022 3rd Submittal: 06-06-2022 A3.20 PLAN 4 UNIT PLANS 3 BEDS + DEN/OPT. BED 4 / 3.5 BATHS THIRD FLOOR SECOND FLOOR FIRST FLOOR  City Council 21 – 10312/6/2022  UP17R W.H. 9'-0" 22'-8" 13'-8" 22'-8"
2'-0" 38'-0"
38'-0" GARAGE 21'-11" x 20'-4" ENTRY
20'-4 1/2" 21'-11" (20X20 CLEAR SPACE) STORAGE
1'-0" BATH 3 DEN / OPT. BED 4 12'-9" x 10'-6" Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 717 S. LYON STREET SANTA ANA, CA KTGY # 2021-0430 Warmington Residential 3090 Pullman Street Costa Mesa, CA 92626 714.434.4439 6/6/2022 1st Submittal: 12-16-2021 Plot Date: 2nd Submittal: 04-13-2022 3rd Submittal: 06-06-2022 A3.21 PLAN 4 - ACCESSIBLE 0 2 4 8 UNIT PLANS FIRST FLOOR (ACCESSIBLE)
 City Council 21 – 10412/6/2022  PLAN 4 PLAN 4
9'-1" 9'-1" 9'-1" TOP OF PARAPET
± 36'-0" 17RUP W.H. 17R UP PLAN 4 PLAN 4
0 4 8 16 Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 717 S. LYON STREET SANTA ANA, CA KTGY # 2021-0430 Warmington Residential 3090 Pullman Street Costa Mesa, CA 92626 714.434.4439 6/6/2022 1st Submittal: 12-16-2021 Plot Date: 2nd Submittal: 04-13-2022 3rd Submittal: 06-06-2022 A2.01 2-PLEX ELEVATIONS 4 - LEFT MATERIAL LEGEND 1. STUCCO, LIGHT SAND FINISH 2. FIBER CEMENT LAP SIDING, 6" EXPOSURE 3. VINYL WINDOWS 4. METAL AWNING 5. FLAT BAR METAL RAILING 6. FIBERGLASS ENTRY DOOR 7. FIBER CEMENT BUILDING TRIM 8. DECORATIVE EXTERIOR LIGHT 9. ILLUMINATED ADDRESS SIGN 10. METAL DECORATIVE COLUMNS 11. SECTIONAL METAL GARAGE DOOR 12. ROOF MOUNTED AC UNITS 13. DECK SCUPPERS 11 3 - REAR 1 - FRONT 2 - RIGHT 3 1 4
2 5
2 9 8 6 7 10
1 8 KEY PLAN - SCALE: 1/16"=1'-0" 1
2 3
4NOTE: COLOR SCHEME 2 DEMONSTRATED ON ELEVATIONS 12 13
 City Council 21 – 10512/6/2022  PLAN 4 PLAN 3 PLAN 3 PLAN 4
9'-1" 9'-1" 9'-1" TOP OF PARAPET
± 36'-0" PLAN 3 17RUP W.H. 17R UP 16R UP W.H. 16R UP W.H. PLAN 4 PLAN 3 PLAN 4 0 4 8 16 Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 717 S. LYON STREET SANTA ANA, CA KTGY # 2021-0430 Warmington Residential 3090 Pullman Street Costa Mesa, CA 92626 714.434.4439 6/6/2022 1st Submittal: 12-16-2021 Plot Date: 2nd Submittal: 04-13-2022 3rd Submittal: 06-06-2022 A2.11 4-PLEX-A ELEVATIONS 4 - LEFT 11 3 - REAR 1 - FRONT 2 - RIGHT 1 3 1 4
2 5
4 2 4
8 9 6 7 10
1 8 2 KEY PLAN - SCALE: 1/16"=1'-0" 1
2 3
4 NOTE: COLOR SCHEME 1 DEMONSTRATED ON ELEVATIONS MATERIAL LEGEND 1. STUCCO, LIGHT SAND FINISH 2. FIBER CEMENT LAP SIDING, 6" EXPOSURE 3. VINYL WINDOWS 4. METAL AWNING 5. FLAT BAR METAL RAILING 6. FIBERGLASS ENTRY DOOR 7. FIBER CEMENT BUILDING TRIM 8. DECORATIVE EXTERIOR LIGHT 9. ILLUMINATED ADDRESS SIGN 10. METAL DECORATIVE COLUMNS 11. SECTIONAL METAL GARAGE DOOR 12. ROOF MOUNTED AC UNITS 13. DECK SCUPPERS 13 12  City Council 21 – 10612/6/2022  PLAN 2 PLAN 2
9'-1" 9'-1" 9'-1" TOP OF PARAPET
± 36'-0" PLAN 1 PLAN 2 PLAN 2 PLAN 1
0 4 8 16 Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 717 S. LYON STREET SANTA ANA, CA KTGY # 2021-0430 Warmington Residential 3090 Pullman Street Costa Mesa, CA 92626 714.434.4439 6/6/2022 1st Submittal: 12-16-2021 Plot Date: 2nd Submittal: 04-13-2022 3rd Submittal: 06-06-2022 A2.21 4-PLEX-B ELEVATIONS 4 - LEFT 11 3 - REAR 1 - FRONT 2 - RIGHT 3 1
2 5
2 4
8 7 10 6
1 8 2 KEY PLAN - SCALE: 1/16"=1'-0" 1
2 3
4 9 NOTE: COLOR SCHEME 1 DEMONSTRATED ON ELEVATIONS MATERIAL LEGEND 1. STUCCO, LIGHT SAND FINISH 2. FIBER CEMENT LAP SIDING, 6" EXPOSURE 3. VINYL WINDOWS 4. METAL AWNING 5. FLAT BAR METAL RAILING 6. FIBERGLASS ENTRY DOOR 7. FIBER CEMENT BUILDING TRIM 8. DECORATIVE EXTERIOR LIGHT 9. ILLUMINATED ADDRESS SIGN 10. METAL DECORATIVE COLUMNS 11. SECTIONAL METAL GARAGE DOOR 12. ROOF MOUNTED AC UNITS 13. DECK SCUPPERS 13 12  City Council 21 – 10712/6/2022  PLAN 2 PLAN 3 PLAN 3 PLAN 3
9'-1" 9'-1" 9'-1" TOP OF PARAPET
± 36'-0" PLAN 3 16R UP W.H. 16R UP W.H. 16R UP
W.H PLAN 1 PLAN 2 PLAN 3 PLAN 3
0 4 8 16 Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 717 S. LYON STREET SANTA ANA, CA KTGY # 2021-0430 Warmington Residential 3090 Pullman Street Costa Mesa, CA 92626 714.434.4439 6/6/2022 1st Submittal: 12-16-2021 Plot Date: 2nd Submittal: 04-13-2022 3rd Submittal: 06-06-2022 A2.31 5-PLEX-A ELEVATIONS 4 - LEFT 11 3 - REAR 1 - FRONT 2 - RIGHT 1 3 1 4 13 5
2 4 4
8 9 6 7 10
1 8 KEY PLAN - SCALE: 1/16"=1'-0" 1
2 3
4 12 NOTE: COLOR SCHEME 1 DEMONSTRATED ON ELEVATIONS MATERIAL LEGEND 1. STUCCO, LIGHT SAND FINISH 2. FIBER CEMENT LAP SIDING, 6" EXPOSURE 3. VINYL WINDOWS 4. METAL AWNING 5. FLAT BAR METAL RAILING 6. FIBERGLASS ENTRY DOOR 7. FIBER CEMENT BUILDING TRIM 8. DECORATIVE EXTERIOR LIGHT 9. ILLUMINATED ADDRESS SIGN 10. METAL DECORATIVE COLUMNS 11. SECTIONAL METAL GARAGE DOOR 12. ROOF MOUNTED AC UNITS 13. DECK SCUPPERS  City Council 21 – 10812/6/2022  PLAN 2 PLAN 3 PLAN 3 PLAN 3
9'-1" 9'-1" 9'-1" TOP OF PARAPET
± 36'-0" PLAN 3 16R UP W.H. 16R UP W.H. 16R UP
W.H PLAN 1 PLAN 2 PLAN 3 PLAN 3
0 4 8 16 Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 717 S. LYON STREET SANTA ANA, CA KTGY # 2021-0430 Warmington Residential 3090 Pullman Street Costa Mesa, CA 92626 714.434.4439 6/6/2022 1st Submittal: 12-16-2021 Plot Date: 2nd Submittal: 04-13-2022 3rd Submittal: 06-06-2022 A2.41 5-PLEX-B ELEVATIONS 4 - LEFT 11 3 - REAR 1 - FRONT 2 - RIGHT 1 3 1 4 13 5
2 4 4
8 9 6 7 10
1 8 KEY PLAN - SCALE: 1/16"=1'-0" 1
2 3
4 12 NOTE: COLOR SCHEME 1 DEMONSTRATED ON ELEVATIONS MATERIAL LEGEND 1. STUCCO, LIGHT SAND FINISH 2. FIBER CEMENT LAP SIDING, 6" EXPOSURE 3. VINYL WINDOWS 4. METAL AWNING 5. FLAT BAR METAL RAILING 6. FIBERGLASS ENTRY DOOR 7. FIBER CEMENT BUILDING TRIM 8. DECORATIVE EXTERIOR LIGHT 9. ILLUMINATED ADDRESS SIGN 10. METAL DECORATIVE COLUMNS 11. SECTIONAL METAL GARAGE DOOR 12. ROOF MOUNTED AC UNITS 13. DECK SCUPPERS  City Council 21 – 10912/6/2022  PLAN 2 PLAN 4 PLAN 2
9'-1" 9'-1" 9'-1" TOP OF PARAPET
± 36'-0" PLAN 2 PLAN 1 17RUP
.H. PLAN 1 PLAN 2 PLAN 4 PLAN 2 PLAN 1
0 4 8 16 Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 717 S. LYON STREET SANTA ANA, CA KTGY # 2021-0430 Warmington Residential 3090 Pullman Street Costa Mesa, CA 92626 714.434.4439 6/6/2022 1st Submittal: 12-16-2021 Plot Date: 2nd Submittal: 04-13-2022 3rd Submittal: 06-06-2022 A2.51 5-PLEX-C ELEVATIONS 4 - LEFT 11 3 - REAR 1 - FRONT 2 - RIGHT 1 1 3
2 5
4 2 4
7 8 6 9 10
8 1 KEY PLAN - SCALE: 1/16"=1'-0" 1
2 3
4 12 NOTE: COLOR SCHEME 2 DEMONSTRATED ON ELEVATIONS MATERIAL LEGEND 1. STUCCO, LIGHT SAND FINISH 2. FIBER CEMENT LAP SIDING, 6" EXPOSURE 3. VINYL WINDOWS 4. METAL AWNING 5. FLAT BAR METAL RAILING 6. FIBERGLASS ENTRY DOOR 7. FIBER CEMENT BUILDING TRIM 8. DECORATIVE EXTERIOR LIGHT 9. ILLUMINATED ADDRESS SIGN 10. METAL DECORATIVE COLUMNS 11. SECTIONAL METAL GARAGE DOOR 12. ROOF MOUNTED AC UNITS 13. DECK SCUPPERS 13 13  City Council 21 – 11012/6/2022  NTS Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 717 S. LYON STREET SANTA ANA, CA KTGY # 2021-0430 Warmington Residential 3090 Pullman Street Costa Mesa, CA 92626 714.434.4439 6/6/2022 1st Submittal: 12-16-2021 Plot Date: 2nd Submittal: 04-13-2022 3rd Submittal: 06-06-2022 A1.30 PERSPECTIVE RENDERING STREET VIEW LOOKING EASTWARD FROM LYON STREET  City Council 21 – 11112/6/2022  NTS Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 717 S. LYON STREET SANTA ANA, CA KTGY # 2021-0430 Warmington Residential 3090 Pullman Street Costa Mesa, CA 92626 714.434.4439 6/6/2022 1st Submittal: 12-16-2021 Plot Date: 2nd Submittal: 04-13-2022 3rd Submittal: 06-06-2022 A1.31 PERSPECTIVE RENDERING VIEW LOOKING DOWN PRIVATE DRIVE A TOWARDS BUILDING 10  City Council 21 – 11212/6/2022  Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com 717 S. LYON STREET SANTA ANA, CA KTGY # 2021-0430 Warmington Residential 3090 Pullman Street Costa Mesa, CA 92626 714.434.4439 6/6/2022 1st Submittal: 12-16-2021 Plot Date: 2nd Submittal: 04-13-2022 3rd Submittal: 06-06-2022 BODY COLOR 1 SW 7077 ORIGINAL WHITE BODY COLOR 2 SW 0023 PEWTER TANKARD BODY COLOR 3 SW 9182 ROJO MARRON ENTRY 1 ENTRY 2 WINDOW FRAME AWNING, METAL RAILING, FIBERCEMENT TRIM GARAGE DOOR 1 SW 2837 AURORA BROWN WHITE SW 7645 THUNDER GRAY SW 7645 THUNDER GRAY 9. 6 4
2 1 COMPOSITE TYPE 4-PLEX A
0 4 8 16 A4.00 COLOR AND MATERIAL BOARD 6. 3. 8. 5. 2. 7. 4. 1. 8 7
5 COLOR SCHEME 1 10. GARAGE DOOR 2 SW 6076 TURKISH COFFEE FIBER CEMENT LAP SIDING SW 9182 ROJO MARRON BODY COLOR 1 240 JET GREY OMEGA STUCCO BODY COLOR 2 SW 7077 ORIGINAL WHITE BODY COLOR 3 SW 2807 ROOKWOOD MEDIUM BROWN ENTRY 1 ENTRY 2 WINDOW FRAME GARAGE DOOR 1 SW 7604 SMOKY BLUE SW 2861 AVOCADO WHITE SW 7645 THUNDER GRAY 9. 6 4
2 1 COMPOSITE TYPE 4-PLEX A 6. 3. 8. 5. 2. 7. 4. 1.
8 7
5 COLOR SCHEME 2 10. GARAGE DOOR 2 SW 6076 TURKISH COFFEE FIBER CEMENT LAP SIDING SW 2807 ROOKWOOD MEDIUM BROWN SW 2861 AVOCADO 8 AWNING, METAL RAILING, FIBERCEMENT TRIM SW 7645 THUNDER GRAY 8  City Council 21 – 11312/6/2022  City Council 21 – 114 12/6/2022
City Council 21 – 115 12/6/2022
City Council 21 – 116 12/6/2022
PUBLIC WORKS AGENCY RE9ISIONS
 City Council 21 – 11712/6/2022  17R
UP
W.H.
17R
UP
16R
UP
W.H.
16R
UP
W.H.

UP
17R
.H.

UP
16R
W.H.

UP
16R
W.H
UP
16R
W.H.

UP
16R
W.H.

UP
16R
W.H
UP
16R
W.H.

UP
16R
W.H.

UP
16R
W.H
UP
16R
W.H.

UP
16R
W.H.

UP
17R
.H.

UP
16R
W.H.

UP
16R
W.H
UP
16R
W.H.

UP
16R
W.H.

UP
16R
W.H
UP
16R
W.H.

UP
16R
W.H.

UP
16R
W.H
UP
16R
W.H.

UP
16R
W.H.

UP
16R
W.H
17R
UP
W.H.
17R UP
16R
UP
W.H.
16R
UP
W.H.
17R
UP
W.H.
17R
UP
16R
UP
W.H.
16R UP
W.H.
17R UP
W.H.
17R
UP
16R
UP
W.H.
16R
UP
W.H.
17R
UP
W.H.
17R
UP
16R
UP
W.H.
16R
UP
W.H.
17RUP
W.H.
17R
UP
T
T PUBLIC WORKS AGENCY RE9ISIONS
 City Council 21 – 11912/6/2022   
City Council 21 – 12012/6/2022 
Express Mapping Mailer Labels & 500-foot Radius Map Package (Susan Case, Inc. and Express Mapping)
City Council 21 – 121 12/6/2022
 
City Council 21 – 12212/6/2022 
 
City Council 21 – 12312/6/2022 
 
City Council
 21 – 124
12/6/2022
 
 
City Council 21 – 12512/6/2022 
 
City Council 21 – 12612/6/2022 
 
City Council 21 – 12712/6/2022 
 
City Council 21 – 12812/6/2022 
 
City Council 21 – 12912/6/2022 
 
City Council 21 – 13012/6/2022 
 
City Council 21 – 13112/6/2022 
 
City Council 21 – 13212/6/2022 
 
City Council 21 – 13312/6/2022 
 
City Council 21 – 13412/6/2022 
 
City Council 21 – 13512/6/2022 
 
City Council 21 – 13612/6/2022 
 
City Council 21 – 13712/6/2022 
 
City Council 21 – 13812/6/2022 
 
City Council 21 – 13912/6/2022 
 
City Council 21 – 14012/6/2022 
 
City Council 21 – 14112/6/2022 
 
City Council 21 – 14212/6/2022 
 
City Council 21 – 14312/6/2022 
 
City Council 21 – 14412/6/2022 
 
City Council 21 – 14512/6/2022 
 
City Council 21 – 14612/6/2022 
 
City Council 21 – 14712/6/2022 
 
City Council 21 – 14812/6/2022 
 
City Council 21 – 14912/6/2022 
 
City Council 21 – 15012/6/2022 
 
City Council 21 – 15112/6/2022 
 
City Council 21 – 15212/6/2022 
 
City Council 21 – 15312/6/2022 
 
City Council 21 – 15412/6/2022 
 
City Council 21 – 15512/6/2022 
 
City Council 21 – 15612/6/2022 
 
City Council 21 – 15712/6/2022 
 
City Council 21 – 15812/6/2022 
 
City Council 21 – 15912/6/2022 
 
City Council 21 – 16012/6/2022 
 
City Council 21 – 16112/6/2022 
 
City Council 21 – 16212/6/2022 
 
City Council 21 – 16312/6/2022 
 
City Council 21 – 16412/6/2022 
 
City Council 21 – 16512/6/2022 
 
City Council 21 – 16612/6/2022 
 
City Council 21 – 16712/6/2022 
 
City Council 21 – 16812/6/2022 
 
City Council 21 – 16912/6/2022 
 
City Council 21 – 17012/6/2022 
 
City Council 21 – 17112/6/2022 
 
City Council 21 – 17212/6/2022 
 
City Council 21 – 17312/6/2022 
 
City Council 21 – 17412/6/2022 
 
City Council 21 – 17512/6/2022 
 
City Council 21 – 17612/6/2022 
 
City Council 21 – 17712/6/2022 
 
City Council 21 – 17812/6/2022 
 
City Council 21 – 17912/6/2022 
 
City Council 21 – 18012/6/2022 
 
City Council 21 – 18112/6/2022 
 
City Council 21 – 18212/6/2022 
Community Meeting Flyer
(English & Spanish)
City Council 21 – 183 12/6/2022
FUTURE DEVELOPMENT:
717 S. LYON STREET,

SANTA ANA
PROPOSING:
51 ATTACHED
3-STORY FOR-SALE

TOWNHOMES

INCLUDING
8 AFFORDABLE

TOWNHOMES

WARMINGTON RESIDENTIAL
3090 PULLMAN STREET
COSTA MESA, CA 92626
HomesByWarmington.com

COMMUNITY NEIGHBORHOOD MEETING
WHEN: MARCH 2, 2022
6:00 P.M. TO 7:00 P.M.

WHERE: ZOOM WEBINAR (ON-LINE)
LINK: https://zoom.us/s/97544513327
PHONE (AUDIO): 1 (669) 900-6833
975 4451 3327 (Phone Meeting ID)
Warmington Residential is proposing 51 for-sale 3-story townhomes at 717 S. Lyon Street, the site of the existing Orange County Electrical Training Center.

You’re invited to the meeting to learn more information regarding this proposed development. Warmington Residential will provide general information, answer questions and solicit input on the proposed project.

If you have any questions regarding this event or require language interpretation services in languages other than English, please email us at:
[email protected] or send your request to the address shown. Your email or written request for interpretation services must be received no later than February 28th at 6:00pm.

Para la versión en Español de este Folleto, vea el otro lado del Folleto City Council 21 – 184 12/6/2022 DESARROLLO FUTURO:
717 S. LYON STREET,

SANTA ANA
PROPONIENDO:
51 ADJUNTO
3-PISOS EN VENTA

CASAS ADOSADAS

INCLUIDAS
8 CASAS ADOSADAS

ASEQUIBLES

WARMINGTON RESIDENTIAL
3090 PULLMAN STREET
COSTA MESA, CA 92626
HomesByWarmington.com

REUNION DE VECINOS DE LA COMUNIDAD
CUANDO: 2 DE MARZO DE 2022
6:00 P.M. A LAS 7:00 P.M.

DONDE: SEMINARIO WEB DE ZOOM (EN LINEA)
ENLACE: https://zoom.us/s/97544513327
TELEFONO (AUDIO): 1 (669) 900-6833
975 4451 3327 (Telefono Reunion ID)
Warmington Residential propone 51 casas adosadas de 3 pisos para la venta en 717 S. Lyons Street, el sitio del actual Centro de Capacitación en Electricidad del Condado de Orange Está invitado a la reunión para obtener más información sobre este desarrollo propuesto.

Warmington Residential proporcionará información general, responderá preguntas y solicitará información sobre el proyecto propuesto.

Si tiene alguna pregunta con respecto a este evento o necesita servicios de interpretación de idiomas que no sean inglés, envíenos un correo electrónico: [email protected] o envíe su solicitud a la dirección que se muestra a continuación. Su solicitud de servicios de interpretación por correo electrónico o por escrito debe recibirse a más tardar el 28 de febrero a las 6:00 p.m.

For the English version of this brochure, see other side of brochure City Council 21 – 185 12/6/2022 Newspaper Notice
(Affidavit/Proof of Publication)
(English & Spanish)
City Council 21 – 186 12/6/2022
City Council 21 – 187 12/6/2022
City Council 21 – 188 12/6/2022
On-site Notice
(Signs)
(English & Spanish)
City Council 21 – 189 12/6/2022

MEETING NOTICE
Warmington Residential cordially invites you
to a community information meeting to discuss:
717 S. Lyon Street
A proposed residential development at the site of
the existing Orange County Electrical Training Center
at 717 S. Lyon Street, Santa Ana, CA 92705
The proposed project will be a new residential townhome community featuring 51 for-sale three story townhomes,
including 8 affordable townhomes.

Meeting Date, Time and Location
Wednesday, March 2, 2022
6:00 p.m. to 7:00 p.m.

Zoom Webinar (on-line)
Link: https://zoom.us/s/97544513327
Phone Audio: 1 (669) 900-6833
Meeting ID (Phone): 975 4451 3327
If you have any questions regarding this event or
require language interpretation services in languages
other than English, please email:
[email protected]
Warmington Residential lo invita cordialmente a una
reunión de información comunitaria para discutir:
717 S. Lyon Street
Un desarrollo residencial propouesto en el sitio de Centro de Capacitacion Electrica del Condado de Orange existente
at 717 S. Lyon Street, Santa Ana, CA 92705
El poyecto propuesto será una nueva communidad de casas adosadas residenciales con 51 casas adosadas de tres pisos a la venta, incluidas 8 (ocho) casas adosadas asequibles.

Fecha, Hora y Lugar de Reunion
Miércoles, 2 de Marzo de 2022
6:00 p.m. a las 7:00 p.m.

Zoom Webinar (en-linea)
Enlace: https://zoom.us/s/97544513327
Audio del telefono: 1 (669) 900-6833
Identificación de la reunión (telefono): 975 4451 3327
Si tiene alguna pregunta sobre este evento o necesita servicios de interpretación de idiomas que no sean Inglés,
envíe un correo electrónico a:
[email protected]
City Council 21 – 190 12/6/2022
City Council 21 – 191 12/6/2022
Zoom Webinar Attendee List
City Council 21 – 192 12/6/2022
Attendee Report - Zoom Webinar
Report Generated: 3/3/2022 11:02
Topic Webinar ID Actual Start Time Actual Duration (minutes) # Registered # Cancelled 717 South Lyon Street 975 4451 3327 3/2/2022 17:23 85 12 0 Host Details
Attended User Name (Original Name) Email Join Time Leave Time Time in Session (minutes) Yes [email protected] [email protected] 3/2/2022 17:36 3/2/2022 18:48 72 Panelist Details
Attended User Name (Original Name) Email Join Time Leave Time Time in Session (minutes) Yes Conference_Room* [email protected] 3/2/2022 17:23 3/2/2022 18:48 85 Yes JosephOftelie [email protected] 3/2/2022 17:39 3/2/2022 18:48 69 Yes Maribel [email protected] 3/2/2022 17:43 3/2/2022 18:47 65 * Greg Ocasek
Attendee Details
Attended User Name (Original Name) First Name Last Name Email Registration Time Yes Alyssa Ventura Alyssa Ventura [email protected] 3/2/2022 13:10 No Conference_Room Conference_Room [email protected] 3/2/2022 17:23 Yes Joseph Oftelie Joseph Oftelie [email protected] 3/2/2022 17:38 Yes Maribel Maribel [email protected] 3/2/2022 17:42 Yes Janet Janet [email protected] 3/2/2022 17:57
Yes Alex G Alex G [email protected] 3/2/2022 17:59
Yes Pedro Gomez Pedro Gomez [email protected] 3/2/2022 18:00 Yes Ali Pezeshkpour Ali Pezeshkpour [email protected] 3/2/2022 18:02 Yes Ali Pezeshkpour Ali Pezeshkpour [email protected] Yes jessie Lopez jessie Lopez [email protected] 3/2/2022 18:05 Yes Evelyn Mani Evelyn Mani [email protected] 3/2/2022 18:22 Yes Natalia Natalia [email protected] 3/2/2022 18:41 Other Attended
User Name Join Time Leave Time Time in Session (minutes) Country/Region Name 17149557719 3/2/2022 18:25 3/2/2022 18:37 12 United States 17143134174 3/2/2022 18:03 3/2/2022 18:48 45 United States City Council 21 – 193 12/6/2022
Meeting Minutes
City Council 21 – 194 12/6/2022

Page 1 of 4 ends

MEETING MINUTES
717 S. LYON STREET PROJECT

SUNSHINE ORDINANCE COMMUNITY MEETING
(ZOOM WEBINAR)
MARCH 2, 2022, 6:00 P.M.

A Sunshine Ordinance Meeting was held on March 2, 2022 at 6:00 p.m. In consultation with Pedro Gomez, Senior Planner, he recommended the option of holding the meeting on-line. The Applicant, Warmington Residential, conducted the meeting via a Zoom Webinar for the presentation and questions/answers regarding the 717 S. Lyon Street residential project. The project application was submitted to the City of Santa Ana on December 17, 2021. After discussion with City staff and, given the Holiday season, Warmington Residential decided to have the community meeting following the required “within the first 20 days of the submittal”.

City staff indicated the community meeting was required prior to the project advancing to Planning Commission.

The zoom webinar was conducted in English with Spanish translation. The attendee report data shows 1 host, 11 people registered via on-line and 2 people joined through the phone option.

These minutes reflect major comments only and do not provide a complete transcript of the meeting.

Presenting or in attendance on behalf of Applicant:

Greg Ocasek, Warmington Residential (Project Consultant) Joe Oftelie, Warmington Residential (Vice President)
Maribel Maciel, Warmington Residential (Assistant Project Manager and Spanish Interpreter) Mario Santos, Warmington Residential (Information Systems Manager) In attendance from the City of Santa Ana:

Pedro Gomez, Senior Planner
Ali Pezeshkpour, Principal Planner
Alyssa Ventura, Planning Assistant
Jessie Lopez
In attendance from the Community:
4 Participants via Zoom and 2 via phone (see attached Attendee Report) City Council 21 – 195 12/6/2022

Page 2 of 4 ends

Introduction & Presentation
The general format of the zoom webinar was the introduction presented in English, then presented again in Spanish, followed by the project presentation presented in English, then presented again in Spanish, followed by the question and answer portion of the meeting, in which the questions submitted were answered in English and then translated in Spanish.

See attached Presentation Slides & Narrative.

1. Introduction – presented by Greg Ocasek (in English)

2. Introduction – presented by Maribel Maciel (in Spanish)

3. Presentation – presented by Greg Ocasek (in English)

4. Presentation – presented by Maribel Maciel (in Spanish) Question & Answers
Following the Applicant’s presentation, presented in both English and Spanish, questions were submitted on-line. Applicant response is indicated by “RESPONSE”.

1. When will we know the cost of the units?
a. RESPONSE: Following the current entitlement process and final engineering of the project, the project will move into the demolition and construction stage, which is anticipated to be at least 12 months from now, at which time the pricing/marketing of the project will begin. This response was also translated into Spanish.

2. How many people are in attendance tonight?
a. RESPONSE: At this time, there are 4 Panelists from Warmington, 1 attendee from Warmington, 3 attendees from the City of Santa Ana, 3 participants via zoom and 1 participant via phone.
b. Note: as listed earlier in the minutes, the final tally included 4 attendees from Warmington, 4 attendees from the City, 4 participants on Zoom and 2 participants via phone.

3. If interested how can we get that (pricing) information? a. RESPONSE: Please send an email to the project email that was provided on the mailed flyer, in the newspaper notice and on the on-site posted notice ([email protected]) and we will add you to our interest list. Then at the appropriate time in the future, which may be 12 months from now, we will send out an email to everyone on the interest list.

This email was also presented on a slide during the Zoom Webinar, as well as spelled out for the phone participants. This response was also translated into Spanish.

City Council 21 – 196 12/6/2022

Page 3 of 4 ends

4. Do you know if it will be pet friendly?
a. RESPONSE: The project, being a for-sale project, you will be able to have pets.

And, the project will have a Homeowners Association. This response was also translated into Spanish.

5. I live around the community and I know there’s vandalism will there be security? a. RESPONSE: The project is a gated community, which will provide a form of security. No security guards. This response was also translated into Spanish.

6. One more question: is that the only project there is or is there more around the county? a. RESPONSE: To find out about other projects in the County, please reach out to the Planning Department and/or access the Planning Department page and view the new projects link. This response was also translated into Spanish. b. Pedro Gomez (City of Santa Ana) also responded in the Q&A section that they can reach the Planning Division at 714-647-5804 or email at [email protected]. This response was also translated into Spanish.
c. Alyssa Ventura (City of Santa Ana) also responded in the Q&A section with the link to the major planning projects and monthly development project reports:
https://www.santa-ana.org/pb/planning-division/major-planning-projects-andmonthly-development-project-reports. d. RESPONSE: A PDF of tonight’s presentation (slides and narrative) will be provided to the City and it will be posted on the City’s website for this project.

This response was also translated into Spanish.
e. Pedro Gomez (City of Santa Ana) confirmed the materials are posted on the City website.

7. Is there a way for people calling in to ask questions? a. RESPONSE: Not on the Zoom Webinar format, however, the phone number to call to ask you questions is 714-557-5511. For English speaking callers, please ask the receptionist to forward the call to Greg Ocasek regarding the Santa Ana project. For Spanish speaking callers, please ask the receptionist to forward the call to Maribel Maciel regarding the Santa Ana project. This response was also translated into Spanish.
b. Pedro Gomez (City of Santa Ana) also responded in the Q&A section that Project specific questions can also be directed to Pedro Gomez at 714-667-2790. This response was also translated into Spanish.

City Council 21 – 197 12/6/2022

Page 4 of 4 ends

The Q&A portion of the presentation was extended approximately 25 minutes to allow for any additional questions, etc. There were 2-3 participants that joined during this portion of the meeting. They were informed that they could ask questions using the Q&A function. This was also translated into Spanish.

The meeting concluded with the Applicant thanking the attendees for their time and indicating that a PDF of tonight’s presentation (slides and narrative), in both English and Spanish, will be provided to the City and it will be posted on the City’s website for this project. The City phone numbers previously provided in the presentation were also given again. This was also translated into Spanish.

City Council 21 – 198 12/6/2022
Presentation Slides
City Council 21 – 199 12/6/2022
Warmington Residential
717 S. Lyon St., Santa Ana, CA 92705
Community Meeting – March 2, 2022
City Council 21 – 200 12/6/2022
Warmington Residential
717 S. Lyon St., Santa Ana, CA 92705
Aerial Photo

PROJECT SITE

WARREN ST

LYON ST
City Council 21 – 201 12/6/2022
Warmington Residential
717 S. Lyon St., Santa Ana, CA 92705
Site Plan
City Council 21 – 202 12/6/2022
Warmington Residential
717 S. Lyon St., Santa Ana, CA 92705
51 For-sale 3-story Townhomes, including 8 Affordable Townhomes City Council 21 – 203 12/6/2022
Warmington Residential
717 S. Lyon St., Santa Ana, CA 92705
Community Meeting – March 2, 2022
If you have any questions, please email:
[email protected]
City Council 21 – 204 12/6/2022
Presentation Narrative
(English & Spanish)
City Council 21 – 205 12/6/2022
Warmington Residential
717 S. Lyon St., Santa Ana, CA 92705
Community Meeting – March 2, 2022

ENGLISH PRESENTATION

1. INTRODUCTION
a. [Slide – cover slide]
b. Good evening everyone, welcome to the Community Meeting regarding the proposed residential development of the property located at 717 S. Lyon Street in Santa Ana, California by Warmington Residential.
c. My name is Greg Ocasek, the Project Consultant managing the entitlement process.

Here with me is: Joe Oftelie, Vice President here at Warmington, as well as Maribel Maciel, Assistant Project Manager and our Spanish interpreter. d. The format for tonight’s meeting will consist of:
i. Our presentation in English
ii. Followed by a reading of the presentation in Spanish iii. We are using the Zoom Webinar format, which will allow you to type in any questions that you may have, by hitting the Q&A button. And, following the reading of the presentation in Spanish, we will review the comments posted and answer the questions that we can.

2. PRESENTATION
a. [Slide – aerial photo]
b. The proposed project will be a new residential townhome community featuring 51 forsale 3-story townhomes, including 8 affordable townhomes. c. The site is 2.3 acres in size and is the home of the existing Orange County Electrical Training Center. There are two (2) structures on site and a large parking lot. d. The site’s neighbors consist of:
i. North - Saddleback Park Villas
ii. East - Tustin Parc Apartments
iii. South - Las Fuentes Apartments
iv. West – Lyon Street (Warwick Square Apartments across street) e. [Slide – site plan]
f. This townhome project will be a gated community made up of 12 residential buildings, consisting of (1) duplex, (6) 4-plex buildings and (5) 5-plex buildings. g. There will be 4 plan types that will range between 1,208 SF to 1,845 SF, with a range of 2 bedroom/2.5 bathrooms to 3 bedrooms plus a den (optional 4th bedroom) with 3.5 bathrooms.
h. 8 of the 51 townhomes will be offered as low income affordable units. We do not have information at this time regarding eligibility, pricing, or qualifications for purchasing any of the homes, including the affordable homes. When construction starts on the project, we will begin marketing all of the homes to the public. We don’t expect construction to start for at least 12 months from now.

City Council 21 – 206 12/6/2022
i. By providing the affordable townhomes in the community, California State Density Bonus Law:
i. Does allow the density which is being proposed, 51 townhomes. ii. Does allow a calculated maximum of 90 parking spaces. And, the project is providing an additional 15 spaces, a total of 105, that is made up of 102 individual garage spaces, and 3 guest spaces (which includes an ADA space). iii. Does allow a reduction in open space, as a provided concession. The community has been designed to have two gathering areas: one just inside the gate, along Private Drive A, and the other located at the end of Private Drive A. j. Community Walls
i. North – The existing boundary wall will be replaced with a new 6-foot masonry wall.
ii. East – The existing boundary wall, which is part of the carport structure for Tustin Parc Apartments will remain in place.
iii. South – Portions of the existing boundary wall, not associated with the existing carport structure for Las Fuentes Apartments, will be replaced with a new 6-foot masonry wall. The portion of the existing wall associated with the carport structure will remain in place.

3. FINAL THOUGHTS
a. [Slide – ending slide]
b. In conclusion, Warmington Residential appreciates this opportunity and is excited to add this community to the existing neighborhood.

SPANISH PRESENTATION

1. Reading of the presentation in Spanish
Q&A

1. Review questions submitted during the presentation and provide answers END - Community Meeting
City Council 21 – 207 12/6/2022
Warmington Residential
717 S. Lyon St., Santa Ana, CA 92705
Reunión de la comunidad – 2 de Marzo de 2022
PRESENTACIÓN EN ESPAÑOL

1. INTRODUCCIÓN
a. [diapositiva – diapositiva de portada]
b. Buenas noches a todos, bienvenidos a la Reunión Comunitaria sobre el desarrollo residencial propuesto de la propiedad ubicada en 717 S. Lyon Street in Santa Ana, California por Warmington Residencial.
c. Mi nombre es Greg Ocasek, el Consultor de proyectos que administra el proceso de derechos. Aquí conmigo esta: Joe Oftelie, Vicepresidente de Warmington, así como también Maribel Maciel Asistente del gerente de proyectos y nuestra interprete de español.
d. El formato para la reunión de esta noche consistirá en:
i. Nuestra presentation en ingles
ii. Seguido de una lectura de la presentación en español iii. Estamos utilizando el formato Zoom Webinar, que le permitirá escribir cualquier pregunta que pueda tener, presionando el botón Preguntas y respuestas. Y, tras la lectura de la presentación en español, revisaremos los comentarios publicados y resondraremos a las preguntas que podamos.

2. PRESENTACION
a. [diapositiva – diapositiva de portada]
b. El Proyecto propuesto será una nueva comunidad de casas residenciales con 51 casa adosadas de 3 pisos a la venta, incluidos ocho (8) casas adosadas asequibles. c. El sitio tiene un tamaño de 2.3 acres y es el hogar del Cetro de Capacitación en Electricidad del Condado de Orange existente. Hay dos (2) estructura en el lugar y un amplio estacionamiento.
d. Los vecinos del sitio consisten en:
i. Norte – Villas de Saddleback Park
ii. Este - Tustin Parc Apartments
iii. Sur – Apartamentos Las Fuentes A
iv. Oeste: Lyon Street (Apartamentos Warwick Square al otro lado de la calle) e. [diapositiva – diapositiva de portada]
f. Este Proyecto de casa adosada será una comunidad cerrada compuesta por 12 edificios residenciales, que constará de (1) un dúplex (6) seis edificios de 4 plex y (5) cinco edificios de 5 plex.
g. Habrá 4 tipos de planos que oscilarán entre 1,208 ft y 1,845 ft, con una gama de 2 habitaciones/2.5 baños a 3 habitaciones más una sala de estar (habitación opcional para el cuarto) con 3.5 baños.
h. 8 (ocho) de las 51 casa adosadas se ofrecerán como unidades asequibles para personas de bajos ingresos. No tenemos información en este momento con respecto a la elegibilidad, el precio o las calificaciones para comprar cualquiera de las viviendas, City Council 21 – 208 12/6/2022
incluidas las viviendas asequibles. Cuando comience la construcción del proyecto, comenzaremos a comercializar todas las casas al público. No esperamos que la construcción comience hasta dentro de al menos 12 meses a partir de ahora. i. Al proporcionar casas adosadas asequible en la comunidad, la ley de Bonificación de Densidad del Estado de California:
i. Si permite la densidad que se propone, 51 casa adosadas. ii. Permite un máximo calculado de 90 plazas de aparcamiento. Y, el proyecto proporciona 15 espacios adicionales, un total de 105, que se componen de 102 espacios de garaje individuales y 3 espacios para invitado (que incluye un espacio ADA)
iii. Si permite una reducción en el espacio abierto, como una concesión proporcionada. La comunidad ha sido diseñada para tener dos áreas de reunión:
una justo dentro la puerta, a lo largo de Unidad Privada A, y la otra ubicada al final de Unidad Privada A.
j. Muros comunitarios
i. Norte – El muro limítrofe existente se reemplazará con su Nuevo muro de mampostería de 6 pies.
ii. Este – El Muro delimitado existente, que forma parte de la estructura del estacionamiento techado de los apartamentos Tustin Parc , permanecerá en su lugar.
iii. Sur – Partes del muro delimitador existente, que no están asociadas con la estructura de estacionamiento techado existente para los apartamentos Las Fuentes, se reemplazara con un nuevo muro de mampostería de 6 pies. La porción de la pared existente asociada con la estructura de la cochera permanecerá en su lugar.

3. PENSAMIENTOS FINALES
a. [diapositiva – diapositiva de portada]
b. En conclusión, Warmington Residential aprecia esta oportunidad y esta emocionado de agregar esta comunidad al vendimiario existente.

PRESENTACIO EN ESPANOL

1. Lectura de la presentación en español
Preguntas y Respuestas

1. Revisar las preguntas enviadas durante la presentación y proporcionar respuestas FIN- Reunion Comunitaria
City Council 21 – 209 12/6/2022
 
City Council 21 – 21012/6/2022 
Express Mapping Mailer Labels & 1,000-foot Radius Map Package (Susan Case, Inc. and Express Mapping)
City Council 21 – 211 12/6/2022
 
City Council 21 – 21212/6/2022 
 
City Council 21 – 21312/6/2022 
 
City Council 21 – 21412/6/2022 
 
City Council 21 – 21512/6/2022 
 
City Council 21 – 21612/6/2022 
 
City Council 21 – 21712/6/2022 
 
City Council 21 – 21812/6/2022 
 
City Council 21 – 21912/6/2022 
 
City Council 21 – 22012/6/2022 
 
City Council 21 – 22112/6/2022 
 
City Council 21 – 22212/6/2022 
 
City Council 21 – 22312/6/2022 
 
City Council 21 – 22412/6/2022 
 
City Council 21 – 22512/6/2022 
 
City Council 21 – 22612/6/2022 
 
City Council 21 – 22712/6/2022 
 
City Council 21 – 22812/6/2022 
 
City Council 21 – 22912/6/2022 
 
City Council 21 – 23012/6/2022 
 
City Council 21 – 23112/6/2022 
 
City Council 21 – 23212/6/2022 
 
City Council 21 – 23312/6/2022 
 
City Council 21 – 23412/6/2022 
 
City Council 21 – 23512/6/2022 
 
City Council 21 – 23612/6/2022 
 
City Council 21 – 23712/6/2022 
 
City Council 21 – 23812/6/2022 
 
City Council 21 – 23912/6/2022 
 
City Council 21 – 24012/6/2022 
 
City Council 21 – 24112/6/2022 
 
City Council 21 – 24212/6/2022 
 
City Council 21 – 24312/6/2022 
 
City Council 21 – 24412/6/2022 
 
City Council 21 – 24512/6/2022 
 
City Council 21 – 24612/6/2022 
 
City Council 21 – 24712/6/2022 
 
City Council 21 – 24812/6/2022 
 
City Council 21 – 24912/6/2022 
 
City Council 21 – 25012/6/2022 
 
City Council 21 – 25112/6/2022 
 
City Council 21 – 25212/6/2022 
 
City Council 21 – 25312/6/2022 
 
City Council 21 – 25412/6/2022 
 
City Council 21 – 25512/6/2022 
 
City Council 21 – 25612/6/2022 
 
City Council 21 – 25712/6/2022 
 
City Council 21 – 25812/6/2022 
 
City Council 21 – 25912/6/2022 
 
City Council 21 – 26012/6/2022 
 
City Council 21 – 26112/6/2022 
 
City Council 21 – 26212/6/2022 
 
City Council 21 – 26312/6/2022 
 
City Council 21 – 26412/6/2022 
 
City Council 21 – 26512/6/2022 
 
City Council 21 – 26612/6/2022 
 
City Council 21 – 26712/6/2022 
 
City Council 21 – 26812/6/2022 
 
City Council 21 – 26912/6/2022 
 
City Council 21 – 27012/6/2022 
 
City Council 21 – 27112/6/2022 
 
City Council 21 – 27212/6/2022 
 
City Council 21 – 27312/6/2022 
 
City Council 21 – 27412/6/2022 
 
City Council 21 – 27512/6/2022 
 
City Council 21 – 27612/6/2022 
 
City Council 21 – 27712/6/2022 
 
City Council 21 – 27812/6/2022 
 
City Council 21 – 27912/6/2022 
 
City Council 21 – 28012/6/2022 
 
City Council 21 – 28112/6/2022 
 
City Council 21 – 28212/6/2022 
 
City Council 21 – 28312/6/2022 
 
City Council 21 – 28412/6/2022 
 
City Council 21 – 28512/6/2022 
 
City Council 21 – 28612/6/2022 
 
City Council 21 – 28712/6/2022 
 
City Council 21 – 28812/6/2022 
 
City Council 21 – 28912/6/2022 
 
City Council 21 – 29012/6/2022 
 
City Council 21 – 29112/6/2022 
 
City Council 21 – 29212/6/2022 
 
City Council 21 – 29312/6/2022 
Community Meeting Flyer
(English & Spanish)
City Council 21 – 294 12/6/2022
FUTURE DEVELOPMENT:
717 S. LYON STREET,

SANTA ANA
PROPOSING:
51 ATTACHED
3-STORY FOR-SALE

TOWNHOMES

INCLUDING
8 AFFORDABLE

TOWNHOMES

WARMINGTON RESIDENTIAL
3090 PULLMAN STREET
COSTA MESA, CA 92626
HomesByWarmington.com

COMMUNITY NEIGHBORHOOD MEETING
WHEN: JUNE 1, 2022
6:00 P.M. TO 7:00 P.M.

WHERE: ZOOM WEBINAR (ON-LINE)
LINK: https://zoom.us/s/94261613650
PHONE (AUDIO): 1 (669) 900-6833
942 6161 3650 (Phone Meeting ID)
Warmington Residential is proposing 51 for-sale 3-story townhomes at 717 S. Lyon Street, the site of the existing Orange County Electrical Training Center.

Para la versión en Español de este Folleto, vea el otro lado del Folleto City Council 21 – 295 12/6/2022 DESARROLLO FUTURO:
717 S. LYON STREET,

SANTA ANA
PROPONIENDO:
51 ADJUNTO
3-PISOS EN VENTA

CASAS ADOSADAS

INCLUIDAS
8 CASAS ADOSADAS

ASEQUIBLES

WARMINGTON RESIDENTIAL
3090 PULLMAN STREET
COSTA MESA, CA 92626
HomesByWarmington.com

REUNION DE VECINOS DE LA COMUNIDAD
CUANDO: 1 DE JUNIO DE 2022
6:00 P.M. A LAS 7:00 P.M.

DONDE: SEMINARIO WEB DE ZOOM (EN LINEA)
ENLACE: https://zoom.us/s/94261613650
TELEFONO (AUDIO): 1 (669) 900-6833
942 6161 3650 (Telefono Reunion ID)
Warmington Residential propone 51 casas adosadas de 3 pisos para la venta en 717 S. Lyon Street, el sitio del actual Centro de Capacitación en Electricidad del Condado de Orange.

Estás invitado a la reunión para obtener más información sobre este desarrollo propuesto. Warmington Residential proporcionará información general, responderá preguntas y solicitará información sobre el proyecto propuesto.

For the English version of this brochure, see other side of brochure City Council 21 – 296 12/6/2022 Newspaper Notice
(Affidavit/Proof of Publication)
(English & Spanish)
City Council 21 – 297 12/6/2022
City Council 21 – 298 12/6/2022
City Council 21 – 299 12/6/2022
On-site Notice
(Signs)
(English & Spanish)
City Council 21 – 300 12/6/2022

Meeting Date, Time and Location
Wednesday, June 1, 2022
6:00 p.m. to 7:00 p.m.

Zoom Webinar (on-line)
Link: https://zoom.us/s/94261613650
Phone Audio: 1 (669) 900-6833
Meeting ID (Phone): 942 6161 3650
If you have any questions regarding this event or
require language interpretation services in languages
other than English, please email:
[email protected]
Warmington Residential lo invita cordialmente a una
reunión de información comunitaria para discutir:
717 S. Lyon Street
Un desarrollo residencial propouesto en el sitio de Centro de Capacitacion Electrica del Condado de Orange existente
at 717 S. Lyon Street, Santa Ana, CA 92705
El poyecto propuesto será una nueva communidad de casas adosadas residenciales con 51 casas adosadas de tres pisos a la venta, incluidas 8 (ocho) casas adosadas asequibles.

Fecha, Hora y Lugar de Reunion
Miércoles, 1 de Junio de 2022
6:00 p.m. a las 7:00 p.m.

Zoom Webinar (en-linea)
Enlace: https://zoom.us/s/94261613650
Audio del telefono: 1 (669) 900-6833
Identificación de la reunión (telefono): 942 6161 3650
Si tiene alguna pregunta sobre este evento o necesita servicios de interpretación de idiomas que no sean Inglés,
envíe un correo electrónico a:
[email protected]
City Council 21 – 301 12/6/2022
City Council 21 – 302 12/6/2022
Zoom Webinar Attendee List
City Council 21 – 303 12/6/2022
Attendee Report
Report Generated: 6/2/2022 10:07
Topic Webinar ID Actual Start Time Actual Duration (minutes) # Registered # Cancelled Santa Ana Lyon St. second community webinar 942 6161 3650 6/1/2022 17:48 75 15 0 Host Details
Attended User Name (Original Name) Email Join Time Leave Time Time in Session (minutes) Yes [email protected] [email protected] 6/1/2022 17:48 6/1/2022 19:02 75 Panelist Details
Attended User Name (Original Name) Email Join Time Leave Time Time in Session (minutes) Yes Tyler Bennett [email protected] 6/1/2022 17:50 6/1/2022 19:02 73 Yes Joe Oftelie - Warmington [email protected] 6/1/2022 17:49 6/1/2022 19:02 73 Yes Conference_Room* [email protected] 6/1/2022 17:48 6/1/2022 19:02 74 Yes Maribel Maciel [email protected] No Computer (17:50) No Computer (19:02) 73 * Greg Ocasek
Attendee Details
Attended User Name (Original Name) First Name Last Name Email Registration Time Yes BIANCA RAMOS BIANCA RAMOS [email protected] 6/1/2022 17:57 Yes Jasmin Rodriguez Jasmin Rodriguez [email protected] 6/1/2022 17:59 Yes Pedro Gomez Pedro Gomez [email protected] 6/1/2022 18:01 Yes Ali Pezeshkpour Ali Pezeshkpour [email protected] 6/1/2022 18:02 Yes Jessie Lopez Jessie Lopez [email protected] 6/1/2022 18:05 Yes Manuel Escamilla Manuel Escamilla [email protected] 6/1/2022 18:09 Yes Nallely Alvarez Diaz Nallely Alvarez Diaz [email protected] 6/1/2022 18:16 Yes Maribel Maciel** Maribel [email protected] 6/1/2022 17:57 Yes Victor Alvarez Victor Alvarez [email protected] 6/1/2022 18:30 ** Panelist
Other Attended
User Name Join Time Leave Time Time in Session (minutes) Is Guest Country/Region Name 17148290501 6/1/2022 18:09 6/1/2022 19:02 53 Yes United States 17148290501 6/1/2022 18:03 6/1/2022 18:04 1 Yes United States 17143389926 6/1/2022 18:02 6/1/2022 18:08 7 Yes United States City Council 21 – 304 12/6/2022
Meeting Minutes
City Council 21 – 305 12/6/2022

Page 1 of 7 ends

Santa Ana City CouncilDecember 6, 2022

Santa Ana City Council
December 6, 2022