Santa Ana City Council
April 15, 2025

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. Recent revisions allow affordable housing developers to request incentives/concessions and/or waivers for affordable or mixed-income developments, even if they do not require a numerical density bonus. Moreover, 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.

For this project, the developer is not requesting a State density bonus for additional units but will avail themselves of the incentive/concession and waivers that are required to be provided by State density bonus law for projects with the requisite affordability. Due to the project’s six percent (6%) affordability rate, the developer can seek one density bonus incentive/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.

The purpose of the State Density Bonus Law is to encourage the development and availability of affordable housing. Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny requested incentives, concessions, and waivers. The City has analyzed the project and has identified several areas of potential impacts; however, the conditions of approval proposed for the project are intended to address the project’s potential impacts. Table 2 outlines the concession requested by the applicant and approved by the Planning Commission on March 24, 2025.

Table 2: Requested Concession
Standard Required by MEMU Provided
Public Open Space Fifteen Percent of Lot
(24,020 square feet)
Six Percent of the Lot
(9,767 square feet)
Requires Concession (1 of 1), Cal. Gov’t
Code Sec. 65915 (d)(2)(A)
Onsite Parking
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:

City Council 24 – 5 4/15/2025
Density Bonus Agreement No. 2025-01 – MLC Holdings, Inc./Meritage Homes at 2020 East First Street
April 15, 2025

• 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.

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 five (5) onsite units designated for households earning 30-50 percent of the AMI (very lowincome), which is currently set at $78,900 for a four-person household, significantly enhancing 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. These affordable units will consist of two three-bedroom and two three-bedroom units, ranging from 1,215 to 1,496 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 and Planning Commission public hearing. As the City Council's approval of this agreement does not constitute a public hearing, no public notification or community outreach is required under applicable state law or local ordinances prior to Council action.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the proposed project is exempt from further environmental review under Section 15168 (Program EIR). This exemption applies when a previously certified Program Environmental Impact Report (Program EIR) has adequately analyzed the environmental effects of an activity, and no new significant impacts would result from the proposed project. If the proposed project remains within the scope of the Program EIR and does not require a subsequent Environmental Impact Report (EIR), no additional environmental documentation is required.

City Council 24 – 6 4/15/2025
Density Bonus Agreement No. 2025-01 – MLC Holdings, Inc./Meritage Homes at 2020 East First Street
April 15, 2025

A CEQA Section 15168 Consistency Memorandum was prepared by First Carbon Solutions, the applicant’s environmental consultant. The purpose of the memorandum was to determine whether the proposed project was exempt from further review, pursuant to the relevant 2007 MEMU Program EIR, certified in 2007, and the MEMU Subsequent EIR, certified in 2018. This memorandum was reviewed by City staff and the City’s environmental consultant, Ardurra Consulting. Upon review, it was determined that the project does not introduce new or more severe environmental effects beyond those previously identified. Additionally, there are no substantial changes in environmental circumstances that would necessitate further review. Moreover, as required under CEQA Guidelines Section 15168(c)(3), all applicable mitigation measures from the MEMU EIR and SEIR will be incorporated into the project. Based on this analysis, the project qualifies for an exemption under CEQA, and no further environmental documentation is necessary.

Therefore, a Notice of Exemption, Environmental Review No. 2024-53, will be filed for the project.

FISCAL IMPACT
There is no fiscal impact associated with this action. However, a Fiscal Impact and Economic Benefit Analysis was prepared by the applicant for the proposed project. The analysis indicates that the project is anticipated to result in an increase in General Fund revenues following buildout of the project, which is estimated at approximately $340,716 per year. In addition, there would be an increase in General Fund expenses estimated at approximately $231,055 per year. Accordingly, there is expected to be an annual surplus of approximately $109,662 to the General Fund following buildout of the project.

Additionally, the project is anticipated to result in a one-time economic benefit to the City during the construction phase. Specifically, construction of the project would result in an increase in employment by 140.26 full-time equivalent construction-related jobs and an increase in labor income of approximately $12,250,665. Moreover, the applicant is anticipated to pay approximately $2,189,502 in development impact fees to the City.

Further details related to the Fiscal Impact and Economic Benefit Analysis included in the report prepared by the applicant’s consultant Zimmerman Group is included in Exhibit 3.

EXHIBITS

1. Resolution – Density Bonus Agreement

2. Draft Density Bonus Agreement

3. March 24, 2025 – Planning Commission Staff Report and Exhibits Submitted By: Ali Pezeshkpour, AICP, Acting Executive Director of Planning and Building Agency, and Michael L. Garcia, Executive Director of Community Development Agency
Approved By: Alvaro Nuñez, City Manager
City Council 24 – 7 4/15/2025
Resolution No. 2025-XX

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING DENSITY BONUS AGREEMENT
NO. 2025-01 FOR AN EIGHTY-SIX UNIT MULTI-FAMILY
DEVELOPMENT LOCATED AT 2020 EAST FIRST STREET
(APN: 402-191-03)

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. Louisa Feletto, with MLC Holdings, Inc./Meritage Homes (“Applicant”), representing property owner Paul Miszkowicz with 2020 E First, LLC (“Property Owner”), is requesting approval of Density Bonus Agreement No. 2025-01 (DBA-2025-01) to facilitate the construction of a multi-family residential development, including eighty townhome units and six duplexes (eighty-six total units), for the property located at 2020 East First Street (“Project”).

B. The California Density Bonus generally law allows developers 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 also generally allows developers to seek incentives/concessions or waivers of, or reductions in, development standards.

C. Section 41-1607 of the Santa Ana Municipal Code (SAMC) requires an application for a deviation (incentives/concessions and/or waivers or reductions) to be approved by the Planning Commission.

D. On March 24, 2025, 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 approved, based on findings, the application for one (1) deviation (a concession), to be memorialized in Density Bonus Agreement No. 2025-01, as well as Site Plan Review No. 2025-01 and Vesting Tentative Tract Map. No. 2025-01.

E. On April 15, 2025, the City Council of the City of Santa Ana held a regular meeting and considered approval of Density Bonus Agreement No. 2025-

1. F. The City Council hereby approves Density Bonus Agreement No. 2025-01.

This Agreement allows for the construction of the proposed Project in City Council 24 – 8 4/15/2025
Resolution No. 2025-XX

accordance with the provisions of State Density Bonus Law and SAMC Section 41-1607, and in accordance with Site Plan Review No. 2025-01 and Vesting Tentative Tract Map No. 2025-01, as conditioned.

Section 2. Pursuant to the California Environmental Quality Act (“CEQA”) and CEQA Guidelines, the proposed Project is exempt from further environmental review under Section 15168 (Program EIR). This exemption applies when a previously certified Program Environmental Impact Report (Program EIR) has adequately analyzed the environmental effects of an activity, and no new significant impacts would result from the proposed project. If the proposed Project remains within the scope of the Program EIR and does not require a subsequent Environmental Impact Report (EIR), no additional environmental documentation is required.

A CEQA Section 15168 Consistency Memorandum was prepared by First Carbon Solutions, the applicant’s environmental consultant. The purpose of the memorandum was to determine whether the proposed project was exempt from further review, pursuant to the relevant 2007 MEMU Program EIR, certified in 2007, and the MEMU Subsequent EIR, certified in 2018. This memorandum was reviewed by City staff and City’s environmental consultant, Ardurra Consulting. Upon review, it was determined that the Project does not introduce new or more severe environmental effects beyond those previously identified. Additionally, there are no substantial changes in environmental circumstances that would necessitate further review. Moreover, as required under CEQA Guidelines Section 15168(c)(3), all applicable mitigation measures from the MEMU EIR and SEIR will be incorporated into the project. Based on this analysis, the project qualifies for an exemption under CEQA, and no further environmental documentation is necessary.

Therefore, Notice of Exemption, Environmental Review No. 2024-53, will be filed for the project.

Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution 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 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 City Council 24 – 9 4/15/2025
Resolution No. 2025-XX

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, at its regular meeting, hereby approves Density Bonus Agreement No. 2025-01 as contained in Exhibit A, attached hereto and incorporated as though fully set forth herein. This approval is based on the written materials submitted, including: the Request for Planning Commission Action dated March 24, 2025; and the Request for City Council Action dated April 15, 2025, and their respective exhibits.

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 ___________, 2025.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ City Council 24 – 10 4/15/2025
Resolution No. 2025-XX

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, , Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2025-XX to be the original resolution adopted by the City Council of the City of Santa Ana on________________, 2025.

Date: ________________ ____________________________________ Clerk of the Council
City of Santa Ana
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EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY
APN: 402-191-03
The Land referred to herein below is situated in the City of Santa Ana, County of Orange, State of California, and is described as follows:

THAT PORTION OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 618 AND 619 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT "D"; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT "D", 225.75 FEET TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN A DEED TO MARY A. VANDERMEULEN, RECORDED SEPTEMBER 2, 1897, IN BOOK 33, PAGE 68 OF DEEDS, RECORDS OF ORANGE COUNTY; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LAND OF VANDERMEULEN, 733.36 FEET TO THE NORTHERLY LINE OF THE LAND DESCRIBED IN A DEED TO CHARLES L. FOSTER, RECORDED NOVEMBER 3, 1892 IN BOOK 55, PAGE 126 OF DEEDS, RECORDS OF ORANGE COUNTY; THENCE WESTERLY ALONG SAID NORTHERLY LINE OF THE LAND OF FOSTER, 225.75 FEET TO THE WESTERLY LINE OF SAID LOT "D"; THENCE NORTHERLY ALONG SAID WESTERLY LINE OF LOT "D", 733.36 FEET TO THE POINT OF BEGINNING.

EXCEPT THE NORTH 19.00 FEET OF THAT PORTION OF THE LAND DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA, RECORDED DECEMBER 22, 1965, IN BOOK 7781, PAGE 486, OFFICIAL RECORDS OF SAID COUNTY. A PORTION OF SAID LAND IS INCLUDED WITH THE AREA SHOWN ON A MAP FILED IN BOOK 74, PAGE 3 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

Exhibit B
55394.00101\43423340.1
City Council 24 – 38 4/15/2025
DRAFT

EXHIBIT B

FORM OF AFFORDABLE HOUSING RESALE RESTRICTIONS, EQUITY SHARING, AND

REGULATORY AGREEMENT

RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:

City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702
Attn: City Clerk
Free Recording pursuant to
Government Code 6103 & 27383

AFFORDABLE HOUSING RESALE RESTRICTIONS, EQUITY SHARING AND

REGULATORY AGREEMENT
2020 East First Street, APN: 402-191-02
This AFFORDABLE HOUSING RESALE RESTRICTIONS, EQUITY SHARING AND REGULATORY AGREEMENT (“Affordable Housing Resale Restrictions” or "Agreement") is made as of______________, by ________________(“Homebuyer”) in favor of the CITY OF SANTA ANA, a municipal corporation (“City”).

R E C I T A L S
A. Homebuyer has purchased a single family house located at_________________, Santa Ana, California, _____, as such real property is more particularly described in “Exhibit 1” attached hereto and incorporated herein (“Property”).

B. In connection with Homebuyer purchasing the Property, Homebuyer acknowledged and received disclosures that the purchase was subject to a Density Bonus Housing Agreement with Declaration of Covenants, Conditions and Restrictions ("Density Bonus Agreement"), dated on or about ______, 2025, between the developer of the Property, ______________ ("Developer"). The Density Bonus Agreement required the Property to be sold to a Very Low Income Household, subject to the provisions of this Affordable Housing Resale Restrictions, pursuant to which Developer imposed covenants upon the Property to be sold to Eligible Homebuyers at an Affordable Sales Price. Homebuyer hereby acknowledges and agrees that this Affordable Housing Resale Restrictions is intended to implement the requirements of the Density Bonus Agreement, and that the purchase, use and occupancy of the Property is subject to

Exhibit B
55394.00101\43423340.1
City Council 24 – 39 4/15/2025
DRAFT
the conditions, covenants and restrictions contained herein. Capitalized terms used herein and not otherwise defined shall have the same meaning as set forth in the Density Bonus Agreement.

C. Homebuyer desires and intends to restrict the Property and the improvements thereon in accordance with this Affordable Housing Resale Restrictions. Homebuyer agrees and acknowledges that this Affordable Housing Resale Restrictions is intended to implement and further the intent of the Density Bonus Agreement, entered into between City and Developer of the Property, which was recorded against the Affordable Unit to impose the conditions, covenants, and restrictions as set forth herein. This Affordable Housing Resale Restrictions shall be construed in accordance with the Regulatory Agreement.

D. Homebuyer is a Very Low Income Household, as that term is defined in this Agreement.

E. Homebuyer has represented to City that Homebuyer and Homebuyer’s household intend to reside in the Property as Homebuyer’s principal residence at all times during Homebuyer’s ownership of the Property.

NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:

1. DEFINITIONS
“Affordability Term” means that period of time commencing upon the Date of this Agreement and terminating on the date that is fifty five (55) years from the date a certificate of occupancy was issued for the Property.
“Affordable Housing Cost” means the purchase price for Very Low Income Households pursuant to California Health & Safety Code Section 50052.5, and implementing regulations of Sections 6920, 6924 and 6926 of Title 25 of the California Code of Regulations for Very Low Income Households.
"Affordable Sales Price" means a purchase price required under a written purchase sale agreement that does not exceed the sum of the Supportable Mortgage plus the Benchmark Down Payment.

Affordable Unit" or "Property" means the individual dwelling unit restricted by this Agreement
“City” means the City of Santa Ana, California, a California municipal corporation, and the City’s successors and assigns.
"City Deed of Trust" means the City Deed of Trust, securing this Affordable Housing Resale Restrictions and the City Promissory Note, and dated on or about the same date hereof. "City Equity Share" means the amount that Homebuyers agree to pay to the City in accordance with the City Promissory Note.

Exhibit B
55394.00101\43423340.1
City Council 24 – 40 4/15/2025
DRAFT
"City Promissory Note" means the City Promissory Note, evidencing Homebuyer's agreement to pay the City Equity Share and dated on or about the same date hereof. “County” means the County of Orange, California.
“Date of this Agreement” means the date in the first paragraph of this Agreement. “Default” means the failure of a party to perform any action or covenant required by this Agreement within the time periods provided herein following notice and opportunity to cure.

The term default also includes an Ownership Default and a Maintenance Default as more fully defined and described herein. Notwithstanding the foregoing for purposes of acceleration of the City Promissory Note , or initiation of foreclosure proceedings there shall be a distinction between the types of default hereunder, including an “Ownership Default” and a “Maintenance Default.” The term “Ownership Default” means the failure of Homebuyer to perform any action or covenant required by the Affordable Housing Resale Restriction related to ownership, owner-occupancy, lien priority, and restrictions on sale and resale of the Property subject to the notice and opportunity to cure provisions set forth herein. A default of any obligation secured by the First Lien shall be a cross-default and also constitute an Ownership Default. The term “Maintenance Default” means the failure of Homebuyer to perform any action or covenant required by this Agreement relating to a “Maintenance Deficiency,” including the ongoing upkeep, maintenance, and use of the Property in decent, safe, sanitary, clean, and neighborly manner, subject to the notice and opportunity to cure provisions set forth herein (and expressly excluding an Ownership Default). “Developer” means MLC Holdings, Inc./Meritage Homes.
"Eligible Household" means a Household whose income does not exceed the “Very Low Income Household” qualifying limit as defined herein.
“First Lien” means the lien of the institution making the purchase money mortgage loan to Homebuyer for the purchase of the Property.
“Homebuyer” means the person or persons set forth in the first paragraph of this Agreement, and their successors and assigns.
“Housing Cost” means and includes all of the following costs associated with ownership of an Affordable Unit as defined in Title 25 of the California Code of Regulations Section 6920, and Santa Ana Municipal Code, including:
(a)
(b)
(c)
Principal and interest on a mortgage loan at the defined interest rate; Property tax and assessments;
Fire and casualty insurance covering replacement value of property improvements;
(d) Property maintenance and repairs;

Exhibit B
55394.00101\43423340.1
City Council 24 – 41 4/15/2025
DRAFT
(e)
Housing Authority; and
A reasonable utility allowance, as determined by the Orange County (f) Homeowner Association assessments and dues.
“Legal Description” means the legal description of the Property which is attached hereto as Exhibit A and incorporated herein.
"Median Income" means the area median income for Orange County PMSA, adjusted for family size appropriate to the unit pursuant to California Health and Safety Code § 50052.5(h), as periodically published by the California Department of Housing and Community Development.
“Very Low Income and Very Low Income Households” means a Household whose income does not exceed fifty (50%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HCD. “Notice of Intent to Transfer” means a written notice from Homebuyer to the City that provides notice of an intent to Transfer the Property and all information required by this Agreement in connection with the proposed Transfer.
“Permitted Transfer” means any Transfer which is permitted under this Agreement with the written consent of the City.
“Prohibited Transfer” means any Transfer which is disapproved by the City or violates this Agreement.
“Property” means that certain real property located at the street address set forth in Recital A and legally described in the Legal Description.
“Purchase Agreement” means that certain agreement pursuant to which Homebuyer has agreed to purchase the Property from the Developer.
“Request for Notice” means the Request for Notice of Default attached hereto as Exhibit I and incorporated herein.
“Sales Price” means the sum to be paid by a Transferee for the Transfer of the Property. “Transfer” shall mean any sale, assignment, conveyance, lease or transfer, voluntary or involuntary, of any interest in the Property. Without limiting the generality of the foregoing, Transfer shall include (i) a transfer by devise, inheritance or intestacy; (ii) creation of a life estate; (iii) creation of a joint tenancy interest; (iv) a gift of all or any portion of the Property; or (v) any voluntary conveyance of the Property.
“Transferee” shall mean any natural person or entity who obtains ownership or possessory rights in the Property pursuant to a Transfer.

Exhibit B
55394.00101\43423340.1
City Council 24 – 42 4/15/2025
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2. HOMEBUYER’S REPRESENTATIONS AND WARRANTIES AS TO THE SALE OF THE PROPERTY TO HOMEBUYER.

2.1 Homebuyer represents and warrants to City that the financial and other information which Homebuyer has provided to City with respect to Homebuyer’s income and the purchase price of the Property was true and correct at the time such information was provided, and remains true and correct as of the Date of this Agreement.

2.2 RESTRICTIONS ON SALE OF PROPERTY.

3.1 Homebuyer covenants and agrees that during the Affordability Term, any resale Homebuyer agrees to occupy the Property as Homebuyer's primary residence.

3. of the Property shall be to a Very Low Income Household for an amount that does not exceed an Affordable Sales Price.

3.2 Prior to any Transfer of the Affordable Unit, Homebuyer shall provide the City with a Notice of Intent to Transfer, in a form approved by the City, and the City shall have the right to approve or disapprove of any Transfer, which approval shall not be unreasonably withheld.

3.3 Permitted Transfers. Prior to any Transfer of the Property, Homebuyer shall obtain City's written consent pursuant to the requirements of Section 4 and 5, below, and subject to the following:
(a) During the Affordability Term, the Homebuyer may Transfer the Property to a Very Low Income Household for an Affordable Sales Price. (b) Upon expiration of the Affordability Term, Homebuyer may sell the Property without the affordability restrictions of this Agreement, subject to the satisfaction of the City Promissory Note and City Deed of Trust.

3.4 Prohibited Transfers. Any Transfer of the Property without the City's written consent or in violation of this Agreement is a Prohibited Transfer.

4. HOMEBUYER PROCEEDS FROM SALE OF PROPERTY.

4.1 This Agreement implements the provisions of the Density Bonus Agreement for disbursement of funds from a sale of the Property, as further set forth below.

4.2 Permitted Transfers During the Affordability Term. During the Affordability Term, a Homebuyer retains the proceeds from a Permitted Transfer after payment of the First Lien, and reasonable closing costs and broker fees. The City Deed of Trust shall remain a lien on the Property, or the Transferee shall executed a new Affordable Housing Resale Restrictions, City Promissory Note, and City Deed of Trust.

4.3 Permitted Transfers Upon Expiration of the Affordability Term. Upon expiration of the Affordability Term, the City Equity Share shall become due and payable upon a

Exhibit B
55394.00101\43423340.1
City Council 24 – 43 4/15/2025
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Permitted Transfer, and the proceeds from a sale shall be used for payment of the City Equity Share in satisfaction of the City Promissory Note.

4.4 Prohibited Transfers. Homebuyer agrees and acknowledges that a Prohibited Transfer is a default of this Agreement and, in the event of such a default, the City shall be entitled to the greater of: (a) all amounts paid for the Property in excess of the Affordable Sales Price shall be forfeited to the City, or (b) the City Equity Share.

4.5 Equity Sharing Agreement.

4.5.1 Following the expiration of the Affordability Term, Homebuyer agrees to pay to the City the City Equity Share, as follows:

4.5.2 The City Equity Share shall be paid out of proceeds from a Transfer of the Property after the Affordability Term.

4.5.3 The City Equity Share includes the following:
(a) An amount equal to the difference between the fair market value of the Affordable Unit at the time of the initial purchase and the Affordable Sales Price (the "Initial Subsidy").
(b) An amount equal to the product of (1) the appreciation of the Affordable Unit, as measured by the increase in the fair market value of the Affordable Unit at the time of the sale to the Homebuyer and the resale of the Affordable Unit, and (2) the percentage that the initial subsidy represented of the fair market value of the Affordable Unit when it was purchased by the Homebuyer (the "Proportionate Share of Appreciation").

4.6 The City Equity Share shall only be subordinate to a First Lien, as approved by the City at the time of the initial sale (or subsequent approval in the event of a refinance or resale during the Affordability Term), and amounts owed to Homebuyer for the value of improvements to the Property and the down payment paid by Homebuyer.

4.7 For purposes of determining the City Equity Share, at the time of the initial sale of the Property, and each re-sale during the Affordability Term, the fair market value shall be determined as follows:

4.7.1 For the initial sale, Developer may propose to the City a fair market value based on a price per square foot that is based on comparable sales of other units within the Project.

4.7.2 Except as approved in writing by the City, prior to the sale of an Affordable Unit, a qualified appraiser shall conduct an appraisal of the Affordable Unit to determine fair market value without the restrictions of this Agreement. If the Developer or a prospective Homebuyer disputes the appraised value, then that party may pay for the costs of a second appraisal and, if there is still disagreement, the average of the two appraisals shall be used to determine the fair market value.

Exhibit B
55394.00101\43423340.1
City Council 24 – 44 4/15/2025
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4.7.3 The fair market value of the Affordable Unit, as determined in accordance with the above, shall be provided to the City for approval or disapproval, which City shall provide within thirty (30) days of receipt of the proposed fair market value. If City does not provide a written response within such time period, then the proposed fair market value shall be deemed approved by the City.

5. PROCESS FOR TRANSFER OF THE PROPERTY. In the event that Homebuyer desires to Transfer the Property, the following procedure shall apply:

5.1 Notice to City. Prior to any Transfer, Homebuyer shall send a completed Notice of Intent to Transfer to City at the address set forth in Section 22. The Notice of Intent to Transfer shall include: (a) the identity of the proposed Transferee and contact information, including current address and phone number, (b) the proposed terms of the Transfer, (c) whether the Property is being sold to a purchaser that qualifies as a Very Low Household and supporting documentation, and (d) if during the Affordability Term, the proposed Affordable Sales Price and the resulting Monthly Housing Costs. If the proposed Transfer is upon expiration of the Affordability Term, then the Notice of Intent to Transfer shall include the proposed sales price and a good faith estimate of the proceeds from the sale of the Property. The City may request additional information as reasonably necessary to evaluate the requested Transfer.

5.2 Qualification of Proposed Transferee. For a transfer during the Affordability Term, the proposed Transferee shall complete an Income Verification Form, in a form approved by the City, which shall include, without limitation, a certification as to the income and family size of the proposed Transferee.

5.3 Certificates from Parties. In the event the City approves the proposed Transfer, Homebuyer and proposed Transferee each shall certify in writing, in a form acceptable to City, that the Transfer shall be closed in accordance 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 City. The written certificate shall also include a provision that in the event a Transfer is made in violation of the terms of this Agreement 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 Homebuyer and Transferee.

5.4 Requirements for Permitted Transfers. For a Permitted Transfer during the Affordability Term, the City will require: (1) an assignment and assumption agreement that is reasonably acceptable to City, or (2) the proposed Transferee execute a new City Promissory Note, City Deed of Trust, and Affordable Housing Resale Restrictions. Upon expiration of the Affordability Term, the City will require a closing statement setting forth the proceeds from a proposed sale, and shall have at least thirty (30) days to review and approve the sales documents.

5.5 Written Approval of City Required Before Transfer. The purchase sale agreement or other contract for Transfer of the Property, and the Income Verification Form, shall be provided to the City, which shall have at least thirty (30) days to review. The Property, and any interest therein, shall not be conveyed by any Transfer except with the express written consent of

Exhibit B
55394.00101\43423340.1
City Council 24 – 45 4/15/2025
DRAFT
City, which consent shall be given only if the Transfer is in accordance with the provisions of this Agreement.

5.6 Notice of Prohibited Transfer. Within thirty (30) days after receiving all information required by this Section 5, the City shall determine and give notice to Homebuyer as to whether the City consents to the Transfer as a Permitted Transfer, or if the City determines the proposed Transfer is a Prohibited Transfer. Any attempt to Transfer the Property without the City's written approval, or after the City has given notice of a Prohibited Transfer, shall be a Default of this Agreement, and the City may apply to a court of competent jurisdiction for specific performance of this Agreement, for an injunction prohibiting a proposed sale or Transfer in violation of this Agreement, for a declaration that the Prohibited Transfer is void, or for any such other relief as may be appropriate.

5.7 Delivery of Documents. Upon the close of the proposed Transfer, Homebuyer 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 5 and any other documents City may request.

6. ENCUMBRANCES.

6.1 Subordination. Except as provided otherwise herein, the provisions of this Agreement, the Notice of Affordability Restrictions and the City Deed of Trust, the obligations herein and therein, shall be subordinate only to the First Lien on the Property and, if applicable, other loan(s) as approved by the City, including lien instruments that secure other Homebuyer purchase money and/or down payment assistance, including without limitation City, State of California, or federal affordable housing programs, which liens shall not impair the rights under the First Lien in the event of default under the First Lien by Homebuyer. Such remedies under the First Lien include the right of foreclosure or acceptance of a deed or assignment in lieu of foreclosure.

6.2 Request for Notice of Default. City may cause a Request for Notice to be recorded on the Property subsequent to the recordation of the First Lien deed of trust or mortgage requesting a statutory notice of default as set forth in California Civil Code Section 2924b. A form of a Request for Notice is attached hereto as Exhibit I and incorporated herein.

6.3 Further Encumbrances. Homebuyer agrees that it shall not record or cause the recordation of any deed of trust (“Further Encumbrance”) securing a note having an original principal sum which, when added to the sum of the principal amount(s) of any notes secured by any deeds of trust against the Property as of the date of recordation of the Further Encumbrance, exceeds one hundred percent (100%) of the fair market value of the Property.

7. USES. Homebuyer covenants and agrees to devote, use and maintain the Property in accordance with this Agreement. All uses conducted on the Property, including, without limitation, all activities undertaken by Homebuyer pursuant to this Agreement, shall conform to all applicable provisions of the Santa Ana Municipal Code, and the recorded documents pertaining to and running with the Property.

Exhibit B
55394.00101\43423340.1
City Council 24 – 46 4/15/2025
DRAFT

8. NONDISCRIMINATION COVENANTS.

Homebuyer covenants by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. All deeds, leases or contracts relating to the Property, or any part thereof, shall contain or be subject to substantially the following non-discrimination or non-segregation clauses:
“The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.”
The covenants established in this Section 8 shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and shall remain in effect in perpetuity.

9. MAINTENANCE OF PROPERTY.

Homebuyer shall maintain the improvements and landscaping on the Property in a manner consistent with community standards which will uphold the value of the Property, in accordance with the Santa Ana Municipal Code. Homebuyer also agrees to comply with all applicable federal, state and local laws.

9.1 Exterior Maintenance. Except as to be maintained by the homeowners association, as applicable, all exterior, painted surfaces of any structures located on the Property shall be maintained at all times in a clean and good condition. Any defacing marks shall be cleaned or removed within a reasonable period of time.

9.2 Front and Side Exteriors. Except as to be maintained by the homeowners association, as applicable, Homebuyer shall at all times maintain the front exterior, any visible side exteriors, and yards, if any, in a clean, safe and presentable manner.

Exhibit B
55394.00101\43423340.1
City Council 24 – 47 4/15/2025
DRAFT

9.3 Graffiti Removal. All graffiti and defacement of any type, including but not limited to marks, words and pictures, shall be promptly removed from the Property within two (2) days of the time they were made and any necessary painting or repair completed in a timely and expeditious manner after notice thereof, whichever is less.

9.4 No Nuisance. Homebuyer shall not maintain, cause to be maintained, or allow to be maintained on or about the Property any public or private nuisance, including without limitation, the conduct of criminal activities set forth in the nuisance abatement provisions of the Uniform Controlled Substances Act (Health & Safety Code Sections 11570, et seq.) or the Street Terrorism Enforcement and Prevention Act (Penal Code Sections 186.22 et seq.), or any successor statute or law.

10. OCCUPANCY STANDARDS.

The Property shall be used as the principal personal residence of Homebuyer and Homebuyer’s immediate family/household and for no other purpose. Homebuyer shall not enter into an agreement for the rental or lease of all or any part of the Property. Homebuyer shall not rent out a room or rooms at the Property. Homebuyer may request a temporary waiver of the foregoing requirement in the event of extreme hardship requiring Homebuyer to move to another geographical area or to less expensive housing, including, for example and without limitation, transfer of job location, loss of job, or unexpected major expenses. City may approve or disapprove such request in its sole discretion, and may require as a condition of approval that Homebuyer only rent the Property to Eligible Households at an affordable rent (as defined in Section 50052.5 and 50053 of the California Health & Safety Code.) Subject to applicable state or federal law, the standard occupancy for the Property shall be consistent with the Regulatory Agreement. Homebuyer shall, upon demand by City, submit to City an affidavit of occupancy verifying Homebuyer’s compliance with this Section 10. Such affidavit may be required by City on an annual basis.

11. EFFECT OF VIOLATION OF THE TERMS AND PROVISIONS OF THIS AGREEMENT.

11.1 In General. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City, its successors and assigns, as to those covenants which are for its benefit. The covenants contained in this Agreement shall remain in effect for the periods of time specified herein. The covenants against discrimination shall remain in effect in perpetuity. 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 rights 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. This Agreement and the covenants herein shall run in favor of City, without regard to whether City has been, remains or is an owner of any land or interest therein in the Property or in the Project Area. City shall have the right, if the Restriction or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled.

Exhibit B
55394.00101\43423340.1
City Council 24 – 48 4/15/2025
DRAFT

11.2 Acceleration. The City shall be entitled to accelerate payments due under the City Promissory Note, and the amount required thereunder shall become due and immediately payable to City by Homebuyer upon the occurrence of any one of the following events of acceleration:

11.2.1 During the Affordability Term, Homebuyer Transfers the Property for a price in excess of an Affordable Sales Price or to a Transferee who does not qualify as a Very Low Income Household;

11.2.2 Homebuyer makes a Prohibited Transfer of title to or any interest in the Property without City's consent or in violation of this Agreement;

11.2.3 Homebuyer refinances any lien or encumbrance to which City Deed of Trust is subordinate (each such lien, a “First Lien”) for a loan amount in excess of the then current loan balance secured by such lien or encumbrance and loan closing costs;

11.2.4 Homebuyer fails to occupy the Property as Homebuyer’s principal residence or is in Default of any other obligation under the Affordable Housing Resale Restrictions;

11.2.5 Homebuyer has an Ownership Default violating any affordable housing terms or provisions of this Agreement.

12. COMPLIANCE WITH LAWS; GOVERNING LAW.

Homebuyer hereby agrees to comply with all applicable ordinances, rules, and regulations of City.

Nothing herein is intended to be, nor shall it be deemed to be, a waiver of any City ordinance, rule, or regulation. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this declaration must be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District.

13. INDEMNIFICATION.

Homebuyer shall pay for, defend, indemnify and hold harmless City and the City and their respective officers, officials, agents, employees, representatives, and volunteers from and against any loss, liability, claim, or judgment relating in any manner to Homebuyer’s use of the Property or Homebuyer’s violation of this Agreement. Homebuyer shall remain fully obligated for the payment of taxes, liens and assessments related to the Property. There shall be no reduction in taxes for Homebuyer, nor any transfer of responsibility to City to make such payments, by virtue of this Agreement.

14. INSURANCE.

Homebuyer shall maintain, during the term of this Agreement, an all-risk property insurance policy insuring the Property in an amount equal to the full replacement value of the structures on the Property. The policy shall contain a statement of obligation on behalf of the carrier to notify the City of any material change, cancellation or termination of coverage at least thirty (30) days in advance of the effective date of such material change, cancellation or termination. Homebuyer

Exhibit B
55394.00101\43423340.1
City Council 24 – 49 4/15/2025
DRAFT
shall transmit a copy of the certificate of insurance to City within thirty (30) days of the effective Date of this Agreement, and Homebuyer shall annually transmit to City a copy of the certificate of insurance, signed by an authorized agent of the insurance carrier setting forth the general provisions of coverage. The copy of the certificate of insurance shall be transmitted to City at the address set forth in Section 22 hereof. The form, content and issuer of any certificate of insurance approved by City.

15. DEFAULTS.

Failure or delay by either 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 constitutes a default under this Agreement; provided, however, that if such default is of the nature 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. The party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure, correction or remedy with diligence. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not institute proceedings against the party in default until thirty (30) days after giving such notice.

Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default.

16. NON-WAIVER.

Failure to exercise any right City may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default.

17. FURTHER ASSURANCES.

Homebuyer shall execute any further documents consistent with the terms of this Agreement, including documents in recordable form, as City shall from time to time find necessary or appropriate to effectuate its purposes in entering into this Agreement.

18. GOVERNING LAW.

Homebuyer hereby agrees to comply with all ordinances, rules and regulations of City. Nothing in this Agreement is intended to be, nor shall it be deemed to be, a waiver of any City ordinance, rule or regulation. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court where the City is located.

19. AMENDMENT OF RESTRICTION.

No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by Homebuyer and City.

20. CITY MAY ASSIGN.

Exhibit B
55394.00101\43423340.1
City Council 24 – 50 4/15/2025
DRAFT
City may, at its option, assign its rights hereunder without obtaining the consent of Homebuyer.

21. HOMEBUYER ASSIGNMENT PROHIBITED.

In no event shall Homebuyer assign or transfer any portion of this Agreement without the prior express written consent of City, which consent shall be given by City only in the event that City determines that the assignee or transferee is an Eligible Household, that the assignee’s or transferee’s monthly housing payments are at an Affordable Housing Cost, and that the assignee or transferee has expressly assumed this Agreement by execution of a written assignment document to be provided by City and recorded against the Property, or execution of new instruments by the transferee. This section shall not affect or diminish City’s right to assign all or any portion of its rights hereunder.

22. NOTICES.

Any notices, requests or approvals given under this Agreement from one party to another may be personally delivered or deposited with the United States Postal Service for mailing, postage prepaid, registered or certified mail, return receipt requested to the following address:

To Homebuyer: At the property address.

To City: City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Attn: City Clerk
Either party may change its address for notice by giving written notice thereof to the other party.

23. ATTORNEYS’ FEES AND COSTS.

In the event that any action is instituted to enforce payment or performance under this Agreement, the parties agree the non-prevailing party shall be responsible for and shall pay all costs and all attorneys’ fees incurred by such prevailing party in enforcing this Agreement.

24. ENTIRE AGREEMENT.

This Agreement, together with the City Promissory Note and City Deed of Trust, and all attachments thereto and hereto, constitutes the entire understanding and agreement of the parties.

This Agreement integrates all of the terms and conditions mentioned herein or incidental thereto, and supersedes all prior negotiations, discussions and previous agreements between the City and Homebuyer concerning all or any part of the subject matter of this Agreement.

Exhibit B
55394.00101\43423340.1
City Council 24 – 51 4/15/2025
DRAFT
[Signature block begins on follow page.]

Exhibit B
55394.00101\43423340.1
City Council 24 – 52 4/15/2025
DRAFT
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

HOMEBUYER:

By:

By:_______________________________________

CITY OF SANTA ANA
CITY:

ATTEST:
___________________________ _______________________
By: By:

City Clerk City Manager
Dated: Dated:

Exhibit B
55394.00101\43423340.1
City Council 24 – 53 4/15/2025
DRAFT
EXHIBIT 1 OF THE AFFORDABLE HOUSING RESALE RESTRICTIONS, EQUITY

SHARING, AND REGULATORY AGREEMENT

LEGAL DESCRIPTION

Exhibit 1
of the Affordable Housing Resale Restrictions, et al.
55394.00101\43423340.1
City Council 24 – 54 4/15/2025
DRAFT

EXHIBIT C

FORM OF CITY PROMISSORY NOTE
City Equity Share [DATE]
Santa Ana, CA

1. FUNDAMENTAL PROVISIONS.

The following terms will be used as defined terms in this City Promissory Note (as it may be amended, modified, extended and renewed from time to time, this “Note”):

Lender/Payee: City of Santa Ana, a California municipal corporation.

Borrower/Maker:

Principal Amount:
[HOMEBUYER]
City Equity Share, as defined in the Affordable Housing Resale Restrictions
Interest Rate: None.

Default Interest Rate:

Affordability Term:

Eight percent per annum.

The date of this Note until [ADD DATE 55 YEARS FROM
CERTIFICATE OF OCCUPANCY]
Maturity Date:

Business Day:

The date of a Transfer of the Property after expiration of the Affordability Term.

Any day of the year other than Saturdays, Sundays and legal holidays on which City's main office is closed.

Property: [ADDRESS]
Deed of Trust: The City Deed of Trust executed by Borrower, as “Trustor”, for the benefit of City, as “Beneficiary,” concurrently with this Note, and recorded against the Property.

Affordable Housing
Resale Restrictions: The Affordable Housing Resale Restrictions, Equity Sharing and Regulatory Agreement, dated on or about [DATE].

Loan: The agreement by Borrower to pay the Principal Amount to City, in accordance with the Affordable Housing Resale Restrictions and this Note.

Exhibit C
55394.00101\43423340.1
City Council 24 – 55 4/15/2025
DRAFT
City Documents: This Note, the Affordable Housing Resale Restrictions, the City Deed of Trust

2. PROMISE TO PAY. For value received, Borrower promises to pay to the City, at its office at 20 Civic Center Plaza (M-30), Santa Ana, CA 92702, or at such other place as the Lender hereof may from time to time designate in writing, the Principal Amount together with interest thereon, and all other sums due under and secured by the Deed of Trust.

3. SECURITY. This Note is secured by the City Deed of Trust. The holder of this Note will be entitled to the benefits of the security provided by the City Deed of Trust and will have the right to enforce the covenants and agreements of Maker contained therein and in the Affordable Housing Resale Restrictions

4. PAYMENTS. The City Equity Share is due upon a Transfer of the Property after expiration of the Affordability Term, or upon an event of Default. In the event any City Equity Share become due and payable hereunder or pursuant to the Affordable Housing Resale Restrictions, the City Equity Share shall be immediately due and payable hereunder. Failure to declare such amounts due in any instance shall not constitute a waiver on the part of the City to declare them due in the future. Maker will pay to City all sums owing under this Note without deduction, offset, or counterclaim of any kind.

5. DEFAULT RATE OF INTEREST. If City Equity Share payable to City pursuant to the Affordable Housing Resale Restrictions and this Note are not paid to City within ten (10) days of the due date thereof, then interest shall accrue on such sum at a rate equal to the lesser of eight percent (8%) interest per annum, compounded annually, or the maximum rate permitted by law.

6. 7.

PREPAYMENT. This Note may not be prepaid in whole or in part.

TRANSFER. Maker shall not transfer, lease, sell, assign, refinance, encumber, convey or otherwise Transfer any interest in the Property without complying with all requirements of the Affordable Housing Resale Restrictions. Maker’s failure to comply with the requirements of this paragraph shall be a Default under this Note.

8. DEFAULT. The occurrence of any one or more of the following shall constitute an event of default (“Default”) hereunder.

8.1 The occurrence of a breach of any of Maker’s covenants, warranties, or representations under this Note, the City Deed of Trust, or the Affordable Housing Resale Restrictions, including without limitation, any unauthorized refinancing, sale, conveyance, lease, assignment, encumbrance, or other Transfer of the Property, Maker’s failure to occupy the Property as Maker’s principal residence, any failure to pay amounts payable pursuant to this

Exhibit C
55394.00101\43423340.1
City Council 24 – 56 4/15/2025
DRAFT
Note, and Maker’s failure to maintain insurance on the Property as required pursuant to the City Deed of Trust.

8.2 The entry of an order for relief under federal bankruptcy laws as to Maker or the adjudication of Maker as insolvent or bankrupt pursuant to the provisions of any state or federal insolvency or bankruptcy act, or Maker’s consent to, acquiescence in, or attempt to secure the appointment of, any receiver for all or any substantial part of the Property.

8.3 The occurrence of an event of default under any loan secured by the Property and the continuance of such default beyond the expiration of all applicable cure periods such that the holder of such loan has the right to accelerate such loan.

9. Remedies. Upon the occurrence of a Default, the giving of any required notice thereof, and the expiration of any applicable cure period, City may, at its option, exercise any one or more of the following remedies:

9.1 Declare all of the sums payable under this Note to be immediately due and payable without further demand.

9.2 9.3
Pursue the exercise of the power of sale provided under the City Deed of Trust.

Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property and take possession thereof (or any part thereof) and of any of the Security in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in response to such breach, and notwithstanding the continuance in possession of the Property, the City shall be entitled to exercise every remedy provided by the City Documents or by law, upon the occurrence of any uncured breach.

9.4 Commence an action to foreclose the City Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants set forth in the City Documents.

9.5 Exercise its option to purchase the Property pursuant to the Affordable Housing Resale Restrictions.

9.6 Exercise all other rights and remedies provided herein or in any other City Document.

9.7 Exercise any other remedy provided by law or in equity.

Exhibit C
55394.00101\43423340.1
City Council 24 – 57 4/15/2025
DRAFT
The rights and remedies of the City hereunder are cumulative, and the City’s exercise or failure to exercise one or more of such rights or remedies shall not preclude City’s exercise, at the same time or different times, of any other right or remedy for the same Default or any other Default.

10. Maker’s Personal Liability. Maker will be fully and personally liable for all loss, cost, liability, damage, and expense (including without limitation attorneys’ fees) suffered or incurred by City arising from any of the following:

10.1 Failure to pay taxes, assessments, and any other charges that could result in liens against any portion of the Property or any other Security.

10.2 Failure to pay and discharge any mechanics’ liens, materialmen’s liens, or other unpermitted liens against any portion of the Property or any other Security.

10.3 Maker’s fraud or intentional misrepresentation with respect to any representations, warranties, or certifications made in the City Documents or in connection with Maker’s application to participate in the City’s affordable housing program.

10.4 Maker’s retention of any rental income or other income arising with respect to any portion of the Property or any other Security subsequent to the date of City’s delivery of any notice of a Default, or which, under the terms of the City Documents, should otherwise have been paid to City.

10.5 Maker’s retention or use of insurance proceeds, condemnation awards, or other similar funds or payments attributable to the Property or any other Security that pursuant to the City Documents should have been paid to City or used for another purpose.

10.6 Waste of the Property, or any other failure to maintain, repair, or restore any portion of the Property or any other Security in accordance with the requirements of the City Documents.

10.7 The removal, demolition, damage or destruction of any portion of the Property or any other Security that is neither consented to in writing by City nor fully compensated for by insurance proceeds or condemnation awards.

10.8 The failure of the City Documents to constitute a lien or security interest, as applicable, on the Property or any other Security, subject only to those exceptions, if any, permitted by the City Documents or otherwise approved in writing by City.

10.9 Nothing in this paragraph will affect or limit the rights of City to enforce any of City’s rights or remedies with respect to any portion of the Property or any other Security.

Exhibit C
55394.00101\43423340.1
City Council 24 – 58 4/15/2025
DRAFT

11. Maker’s Waivers. Maker hereby expressly waives diligence, presentment, protest, and demand, and notice of protest, notice of dishonor and notice of nonpayment of this Note, and expressly waives any rights to be released by reason of any extension of time or change in terms of payment, or change, alteration or release of any security given for the payments hereof, and expressly waives the right to plead any and all statutes of limitation as a defense to any demand on this Note.

12. Notices. All notices, requests, demands, reports or other communications regarding this Note shall be in writing and delivered: (i) personally; or (ii) by independent, reputable, overnight commercial courier; or (iii) by deposit in the United States mail, postage and fees fully prepaid, registered or certified mail, with return receipt requested; addressed as follows, or to such other address as specified in written notice delivered to the parties pursuant to this Section:

To Maker:

To City:

At the Property address.

City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702
Attn: City Clerk

13. Any notice that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of delivery thereof.

14. Assignment by Lender; Successors and Assigns. This Note shall be binding upon Maker and Maker’s heirs, successors and assigns; provided however, Maker may not assign this Note without City’s prior written consent except as may be permitted in accordance with the City Deed of Trust and the Affordable Housing Resale Restrictions. City may assign its rights to receive the proceeds under this Note to any person or entity without the consent of Maker, and upon notice to Maker of such assignment, all payments shall be made to the assignee.

15. No Joint Venture. The relationship of Maker and City under this Note is solely that of a participant and administrator of an affordable housing program, and in no manner are the City and the Maker partners or joint ventures, nor do any of the City Documents establish a principal and agent relationship between City and Maker.

16. Attorneys’ Fees and Costs. If any legal action is filed to interpret or enforce this Note, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees, costs and expenses incurred therein. Maker agrees to pay all costs and expenses (including reasonable attorneys’ fees) that City may incur in connection with enforcement of this Note and collection of sums payable hereunder whether or not suit is filed.

Exhibit C
55394.00101\43423340.1
City Council 24 – 59 4/15/2025
DRAFT

17. No Third-Party Beneficiaries. This Note shall not benefit or be enforceable by any person or entity except the City and the Maker and their respective successors and assigns.

18. Entire Agreement; Amendments. This Note, together with the Affordable Housing Resale Restrictions and the City Deed of Trust, sets forth the entire understanding between Maker and the City with respect to the subject matter hereof. Any previous representations, warranties, agreements, and understandings among the parties regarding the subject matter of the Affordable Housing Resale Restrictions, this Note and City Deed of Trust whether written or oral, are superseded by the terms of the Affordable Housing Resale Restrictions, this Note and the City Deed of Trust. This Note may be modified or amended only by a written instrument duly executed by City and Maker.

19. No City Waiver. Any waiver of any term or provision of this Note must be in writing.

No waiver of any breach, default or failure of condition under this Note or any other City Document shall be implied from City’s failure or delay in declaring a default or exercising any of City’s rights or remedies with respect to such breach, default or failure, or from any previous waiver of any similar or unrelated breach, default or failure, nor shall acceptance by City of any payment hereunder constitute a waiver of City’s right to require prompt payment of any remaining amounts owed. Without limiting the generality of the foregoing, City’s failure or delay in declaring any amount due hereunder shall not constitute a waiver of City’s right to declare such sum due for the same or any subsequent event that triggers Maker’s payment obligations hereunder.

20. Severability. If any provision of this Note shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Note shall not be affected or impaired thereby.

21. Controlling Law and Venue. The terms of this Note shall be interpreted under the laws of the State of California without regard to principles of conflicts of law. This Note was entered into and is to be performed in the County of Orange, which is the exclusive venue for any action or dispute arising hereunder.

22. Captions. All captions and headings in this Note are for the purposes of reference and convenience and shall be disregarded for all other purposes, including the construction or enforcement of any of the provisions of this Note.

23. Joint and Several. The obligations of each signatory to this Note shall be joint and several.

24. Time of the Essence. Time is of the essence with regard to all matters contained in this Note.

MAKER and HOMEBUYER:

Exhibit C
55394.00101\43423340.1
City Council 24 – 60 4/15/2025
DRAFT
By:_______________________________

Exhibit C
55394.00101\43423340.1
City Council 24 – 61 4/15/2025
DRAFT

EXHIBIT D

FORM OF CITY DEED OF TRUST

CITY DEED OF TRUST

RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:

City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702
Attention: City Clerk
Free Recording pursuant to
Government Code 6103 & 27383

CITY DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY

AGREEMENT

THIS PERFORMANCE DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (“Deed of Trust”) is made as of _______________, 20__, by _______________ and _______________ (collectively, “Trustor”) as Trustor, to the City of Santa Ana, as Trustee and Beneficiary (hereafter, "Trustee", "Beneficiary," or "City").

The Trustor, in consideration of the promises herein recited and the trust herein created, irrevocably and unconditionally grants, transfers, conveys and assigns to Trustee, in trust for the benefit of City, with power of sale and right of entry and possession, all of Trustor’s right, title and interest now held or hereafter acquired in and to the property located in the City of Santa Ana, Orange County, State of California, described in the attached Exhibit 1 and more commonly known as: _________________ (APN: _____) (the “Property”); TOGETHER with the rents, issues, and profits of such Property, subject however, to the right, power, and authority granted and conferred on City in this Deed of Trust to collect and apply the rents, issues, and profits; and TOGETHER with all the improvements now or hereafter erected on the Property, and all easements, rights of way, and appurtenances thereto, and all fixtures now or hereafter attached to the Property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by this Deed of Trust; All of the foregoing, together with the Property, is herein collectively referred to as the “Security.”
TO HAVE AND TO HOLD the Security, together with acquittances, to the Trustee, its successors and assigns forever;

Exhibit D
55394.00101\43423340.1
City Council 24 – 62 4/15/2025
DRAFT
TO SECURE to the City the payment of the sums, and the performance of the covenants and agreements of the Trustor evidenced by (i) that certain Affordable Housing Resale Restrictions, Equity Sharing and Regulatory Agreement executed by and between Trustor and City, dated as of the date hereof and recorded substantially concurrently herewith (the “Affordable Housing Resale Restrictions”), and (ii) that certain City Promissory Note (the “Note”) dated as of the date hereof and executed by Trustor for the benefit of City, pursuant to which Trustor is obligated to pay to City a City Equity Share, and all extensions, modifications, or renewals of the Note and the Affordable Housing Resale Restrictions. The Note and the Affordable Housing Resale Restrictions are incorporated herein by this reference; and TO SECURE the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust and the performance of the covenants and agreements of Trustor herein contained.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows:

1. Trustor’s Estate. Trustor represents and warrants that Trustor is lawfully seized of the estate hereby conveyed, has the right to grant and convey the Security, and that other than this Deed of Trust, the Security is encumbered only by: (1) that certain deed of trust executed by Trustor and recorded against the Property substantially concurrently herewith to secure repayment of a loan made by ___________________ (the “First Mortgage Lender”) to assist Trustor in the purchase of the Property and evidenced by a promissory note executed by Trustor in favor of the First Mortgage Lender in the original principal amount of [Dollars] ($ ____ )(the “First Mortgage Note”), and (2) the Affordable Housing Resale Restrictions. Trustor agrees to warrant and defend generally the title to the Security against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring the City’s interest in the Security, and Trustor shall pay all costs and expenses, including cost of evidence of title and attorneys’ fees in a reasonable sum, in any such action or proceeding in which City or Trustee may appear, and in any suit brought by City to foreclose this Deed of Trust. As used in this Deed of Trust, the term “First Mortgage Lender” shall include all successors and assigns of the First Mortgage Lender with respect to the First Mortgage Note.

2. Note and Affordable Housing Resale Restrictions. Trustor will promptly pay when due all sums payable pursuant to the Note and shall perform all of Trustor’s covenants and obligations under the Note, the Affordable Housing Resale Restrictions, and this Deed of Trust.

The amount due under the Note is payable upon transfer of the Property following expiration of the Affordability Term. The Affordability Term expires on [ADD DATE THAT IS 55 YEARS FROM CERTIFICATE OF OCCUPANCY].

3. Charges and Liens. Trustor will promptly pay when due, the interest, principal, and all other charges accruing under any deed of trust, mortgage, or other instrument encumbering the Property, and will pay when due directly to the payee thereof all taxes, assessments and other charges, fines and impositions affecting the Property. Upon request by the City, Trustor will promptly furnish to the City copies of all notices of amounts due described in this Section and evidence of payment of such amounts. Trustor shall pay when due each obligation secured by or reducible to a lien, charge or encumbrance which now does or later may encumber or appear to encumber all or part of the Property or any interest therein, whether or not such lien, charge or

Exhibit D
55394.00101\43423340.1
City Council 24 – 63 4/15/2025
DRAFT
encumbrance is or would be senior or subordinate to this Deed of Trust; provided however, Trustor will not be required to discharge the lien of the deed of trust securing the First Mortgage Note (the “First Mortgage Deed of Trust”), and Trustor will not be required to pay any tax, charge, lien or assessment described in this Section so long as Trustor is actively contesting its validity in good faith and by appropriate legal proceedings that will operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. Trustor shall post security for the payment of such contested claims as may be requested by the City.

4. Protection of Security. If Trustor fails to perform any of the covenants and agreements set forth in this Deed of Trust, or if any action or proceeding is commenced that materially affects City’s interest in the Property, including, but not limited to, default under any senior lienholder document, eminent domain, insolvency, code enforcement, arrangements or proceedings involving a bankrupt or decedent, foreclosure of any mortgage secured by the Property or sale of the Property under a power of sale of any instrument secured by the Property, City, at its option, without releasing Trustor from any obligation hereunder, may upon notice to Trustor, make such appearance, disburse such sums and take such action as is necessary to protect City’s interest, including, but not limited to, the purchase of insurance, disbursement of reasonable attorneys’ fees and entry upon the Property to make repairs. Any amounts disbursed by City pursuant to this Section, with interest thereon, shall become additional indebtedness of Trustor secured by this Deed of Trust. Unless Trustor and City agree to other terms of payment, such amounts shall be payable upon notice from City to Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the highest rate permissible under applicable law.

Nothing contained in this Section shall require City to incur any expense or take any action hereunder.

5. Inspection. The City may make, or cause to be made, reasonable entries upon the Property and inspections of the Security; provided that the City will give Trustor reasonable notice of inspection.

6. Title Insurance. At Trustor’s expense, Trustor shall purchase a CLTA lender’s policy of title insurance for the benefit of City, insuring this Deed of Trust as a secondary lien on the Property, with no delinquent taxes or assessment liens appearing as exceptions to title.

7. Hazard Insurance. Trustor shall keep the Property insured by a standard all-risk property insurance policy with endorsements for vandalism, malicious mischief, and special extended perils, in the full replacement value of the improvements, and with endorsements for increases in costs due to changes in code and inflation, with loss payable to City and any superior trust deed holder, as their interests may appear, and any other insurance required by the City.

The insurance carrier providing such insurance shall be licensed to do business in the State of California and may be chosen by Trustor, subject to approval by City. All insurance policies and renewals thereof shall be in a form acceptable to the City, and shall include a standard mortgagee clause with standard lender's endorsement in favor of the holder of any senior lien and the City as their interests may appear and in a form acceptable to the City. Trustor shall provide City with copies of all policies and renewals thereof, certificates of insurance, all renewal notices and all receipts of paid premiums. In the event of loss, Trustor shall give prompt notice to the insurance carrier and the City or its designated agent. The City, or its designated agent, may make

Exhibit D
55394.00101\43423340.1
City Council 24 – 64 4/15/2025
DRAFT
proof of loss if not made promptly by Trustor. The policies shall include an endorsement providing that City shall receive thirty (30) days’ advance written notice of the cancellation, expiration or termination or any material change in the coverage afforded by any of the insurance policies required under this Section.

If the Property is acquired by the City, all right, title and interest of Trustor in and to any insurance policy and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition will pass to the City to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition, subject to the rights of the holder of any senior lien.

Renewal policies and any replacement policies, together with premium receipts satisfactory to the City, shall be delivered to the City at least thirty (30) days prior to the expiration of existing policies. Neither Trustee nor the City shall by reason of accepting, rejecting, approving or obtaining insurance incur any liability for the existence, nonexistence, form or legal sufficiency of such insurance, or solvency of any insurer for payment of losses. The application of proceeds pursuant to this Section shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.

8. Awards and Damages. Subject to the rights of senior lienholders, all judgments, awards of damages, settlements and compensation made in connection with or in lieu of (a) taking of all or any part of or any interest in the Property by or under assertion of the power of eminent domain, (b) any damage to or destruction of the Property or any part thereof by insured casualty, and (c) any other injury or damage to all or any part of the Property, are hereby assigned to and shall be applied to the restoration or repair of the Property (if applicable) or paid to the City. The City is authorized and empowered (but not required) to collect and receive any such sums and is authorized to apply them in whole or in part upon any indebtedness or obligation secured hereby, in such order and manner as the City shall determine at its option. The City shall be entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment. All or any part of the amounts so collected and recovered by the City may be released to Trustor upon such conditions as the City may impose for its disposition. Application of all or any part of the amounts collected and received by the City or the release thereof shall not cure or waive any default under this Deed of Trust. If the Property is abandoned by Trustor, or if, after notice by City or its designated agent to Trustor that the condemnor or insurer offers to make an award or settle a claim for damages, Trustor fails to respond to City within thirty (30) days after the date such notice is mailed, City or its designated agent is authorized to collect and apply the proceeds, at City’s option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust

9. Maintenance. Trustor shall maintain the Property and all structures and landscaping thereon in good condition and repair. Trustor agrees to complete installation of landscaping as approved by the City, and to diligently maintain and care for installed landscaping, using generally accepted methods of cultivation and watering. Trustor shall not remove or demolish any building located on the Property, and agrees to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon, and to pay when due all claims for labor performed and materials furnished therefor, and to comply with all laws affecting the Property or requiring any alterations or improvements to be

Exhibit D
55394.00101\43423340.1
City Council 24 – 65 4/15/2025
DRAFT
made thereon. Trustor shall not commit or permit waste thereof, and shall not commit or permit any act upon the Property in violation of applicable laws. Trustor will comply with all applicable laws, ordinances and governmental regulations affecting the Property or requiring any alteration or improvement thereof, and will not suffer or permit any violations of any such law, ordinance or governmental regulation, nor of any covenant, condition or restriction affecting the Property. If there arises a condition in contravention of this Section, and if the Trustor has not cured such condition within thirty (30) days after receiving a notice from City of such a condition, then in addition to any other rights available to City, City shall have the right (but not the obligation) to perform all acts necessary to cure such condition, and to establish or enforce a lien or other encumbrance against the Property to recover its cost of cure.

10. Occupancy. Trustor shall occupy the Property as Trustor’s primary residence, and the Property shall be used as the primary residence of Trustor and Trustor’s household and for no other purpose. The Property shall not be leased or rented by Trustor to any person or entity other than as expressly permitted by the Affordable Housing Resale Restrictions or consented to by City in writing. The City shall have the right to monitor whether the Property is owner-occupied by requesting that Trustor provide City with a written certification under penalty of perjury that the Property is owner-occupied, accompanied by supporting documentation reasonably satisfactory to the City.

11. Transfer. Trustor shall not allow any Further Encumbrance or Transfer of the Property (as such terms are defined in the Affordable Housing Resale Restrictions) any without complying with all requirements of the Affordable Housing Resale Restrictions.

12. Assignment of Rents. Trustor hereby irrevocably, absolutely, presently and unconditionally assigns to City the rents, issues, revenue and profits of the Property. This is an absolute assignment and not an assignment for security only. Subject to the limitations on lease or rental of the Property as set forth herein and in the Affordable Housing Resale Restrictions, City hereby confers upon Trustor a license to collect and retain such rents, issues, revenue and profits, as they become due and payable prior to any Default hereunder. Upon the occurrence of any such Default, City may terminate such license without notice to or demand upon Trustor and without regard to the adequacy of any security for the indebtedness hereby secured, and may either in person, by agent, or by a receiver to be appointed by a court, enter upon and take possession of the Property or any part thereof, and sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorneys’ fees, to any indebtedness secured hereby, and in such order as City may determine. City’s right to the rents, issues, revenue and profits of the Property does not depend upon whether or not City takes possession of the Property. The entering upon and taking possession of the Property, the collection of such rents, issues, revenue and profits, and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. If a Default occurs while City is in possession of all or part of the Property and/or is collecting and applying rents as permitted under this Deed of Trust, City, Trustee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Deed of Trust and at law or in equity, including the right to exercise the power of sale granted hereunder. Regardless of whether or not City, in person or by agent, takes actual possession of the Property, City shall not be deemed to be a

Exhibit D
55394.00101\43423340.1
City Council 24 – 66 4/15/2025
DRAFT
“mortgagee in possession,” shall not be responsible for performing any obligation of the lessor under any lease, shall not be liable in any manner for the Property, or the use, occupancy, enjoyment or operation of any part of it , and unless due solely to the willful misconduct or gross negligence of City, shall not be responsible for any dangerous or defective condition of the Property or any negligence in the management, repair or control of the Property.

13. Default. An event of default (“Default”) shall arise hereunder upon the occurrence of any one or more of the following and the expiration of any applicable cure period:
a.
b.

Trustor fails to occupy the Property as Trustor’s principal residence; The sale, conveyance, encumbrance, refinance, assignment, or other transfer of the Property including without limitation, the lease or rental of the Property in violation of the Affordable Housing Resale Restrictions;
c. An event of default arises under the Note or the Affordable Housing Resale Restrictions, and such default remains uncured following the expiration of any applicable cure period;
d. Trustor fails to pay when due any sum payable pursuant to the Note, the Affordable Housing Resale Restrictions or this Deed of Trust; e. The Property is refinanced or encumbered in violation of the Affordable Housing Resale Restrictions or this Deed of Trust;
f. Trustor fails to maintain insurance on the Property as required by the Affordable Housing Resale Restrictions and this Deed of Trust, g. Subject to Trustor’s right to contest the following charges, Trustor fails to pay prior to delinquency taxes or assessments due on the Property or fails to pay when due any other charge that may result in a lien on the Property, and Trustor fails to cure such default within twenty (20) days of date of delinquency, but in all events prior to the time that the holder of such lien has the right to pursue foreclosure thereon;
h. Trustor declares bankruptcy or makes an assignment of assets for the benefit of creditors, or an order for relief is entered under federal bankruptcy laws as to Trustor, or Trustor is adjudicated as insolvent or bankrupt pursuant to the provisions of any state or federal insolvency or bankruptcy, or Trustor consents to, acquiesces in, or attempts to secure the appointment of, any receiver for all or any substantial part of the Property; i. The occurrence of an event of default under any loan secured by the Property and the continuance of such default beyond the expiration of all applicable cure periods such that the holder of such loan has the right to accelerate such loan. j. Trustor fails to observe or perform any other covenant, condition, or agreement to be observed or performed by Trustor pursuant to the Note, the Affordable Housing Resale Restrictions or this Deed of Trust.

Exhibit D
55394.00101\43423340.1
City Council 24 – 67 4/15/2025
DRAFT

14. Remedies. Upon the occurrence of a Default, the giving of notice thereof and the expiration of any applicable cure period, City may, at its option, exercise any one or more of the following remedies:
a. Declare all of the sums payable under the Note to be immediately due and payable without further demand.
b.
c.

Pursue the exercise of the power of sale provided under this Deed of Trust.

Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, enter upon, take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom, or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in response to such breach and, notwithstanding the continuance in possession of the Security, the City shall be entitled to exercise every right and remedy provided under the Note, this Deed of Trust, or the Affordable Housing Resale Restrictions, or by law upon occurrence of any uncured breach.
d. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof. e. Exercise any option to purchase the Property, as authorized pursuant to the Affordable Housing Resale Restrictions.
f. Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the obligations secured hereby. g.

Acceleration and Sale.
a. Notice of Default. Upon Trustor’s breach of any covenant or agreement of Exercise any other remedy provided by law or in equity.

15. Trustor under the Note, the Affordable Housing Resale Restrictions or this Deed of Trust, City shall mail notice to Trustor as provided in Section 24 hereof specifying: (i) the nature of the breach; (ii) the action required to cure such breach; (iii) a date no less than thirty (30) days from the date the notice is mailed to Trustor by which such breach must be cured or such shorter cure period as may be provided in the Note, the Affordable Housing Resale Restrictions or this Deed of Trust; and (iv) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the Loan and the sale of the Property. The notice shall further inform Trustor of Trustor’s right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Trustor to acceleration and sale. If the breach is not cured on or before the date specified in the notice, City at City’s option declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and/or pursue any other remedy provided herein or available under law.

Exhibit D
55394.00101\43423340.1
City Council 24 – 68 4/15/2025
DRAFT
City shall be entitled to collect from the Trustor, or from the proceeds of the sale of the Property, all reasonable costs and expenses incurred in pursuing the remedies provided hereunder, including, but not limited to, reasonable attorneys’ fees.

If a non-monetary default is not reasonably capable of being cured within thirty (30) days, the City, in its sole and absolute discretion, may grant the Trustor or the First Mortgage Lender such additional time as is reasonably necessary to cure the default provided that the Trustor or the First Mortgage Lender (i) initiates corrective action within said period, and (ii) diligently, continually, and in good faith works to effect a cure as soon as possible.

Notwithstanding the cure periods established in this Section, in no event shall the City be precluded from sooner exercising any remedies if its security becomes or is about to become materially jeopardized by any failure to cure a default or the default is not cured within ninety (90) days after the first notice of default or delinquency is given. b. Trustor’s Right to Reinstate. Notwithstanding City’s acceleration of the sums secured by this Deed of Trust, Trustor will have the right to have any proceedings begun by City to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of the judgment enforcing this Deed of Trust if: (a) Trustor pays City all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Trustor pays all reasonable expenses incurred by City and Trustee in enforcing the covenants and agreements of Trustor contained in this Deed of Trust, including, but not limited to, reasonable attorneys’ fees; Trustor cures all breaches of any other covenants or agreements of Trustor set forth in the Affordable Housing Resale Restrictions and this Deed of Trust; and (d) Trustor takes such action as City may reasonably require to assure that the lien of this Deed of Trust, City’s interest in the Property and Trustor’s obligation to pay the sums and perform the obligations secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Trustor, this Deed of Trust and the obligations secured hereby will remain in full force and effect as if no acceleration had occurred.
c. Sale. After delivery to Trustee of a Notice of Default and Demand for Sale and after the expiration of such time and the giving of such notice of default and sale as may then be required by law, and without demand on Trustor, Trustee shall sell the Property at the time and place of sale fixed by it in said notice of sale, at public auction to the highest bidder for cash in lawful money of the United States of America, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement. Any person, including Trustor, Trustee or the City, may purchase at such sale. Upon such sale by Trustee it shall deliver to such purchaser its deed conveying the Property so sold, but without any covenant or warranty expressed or implied. The recitals in such deed of any matters or facts shall be conclusive proof of their truthfulness. Upon sale by Trustee and after deducting all costs, expenses and fees of Trustee, Trustee shall apply the proceeds of sale to the payment of the indebtedness hereby secured, including without limitation the indebtedness evidenced by the Note, any advances made or costs or expenses paid or incurred by City under this Deed of Trust, any indebtedness evidenced by any other instrument hereby

Exhibit D
55394.00101\43423340.1
City Council 24 – 69 4/15/2025
DRAFT
secured, and all other sums then secured hereby, including without limitation, interest as provided in the Note and the Affordable Housing Resale Restrictions, in such order as the City shall direct; and then the remainder, if any, shall be paid to the person or persons legally entitled thereto.

16. Remedies Cumulative; No Waiver. No exercise of any right or remedy by the City or Trustee hereunder shall constitute a waiver of any other right or remedy herein contained or provided by law, and no delay or forbearance by the City or Trustee in exercising any such right or remedy hereunder shall operate as a waiver thereof or preclude the exercise thereof in any continued or subsequent default hereunder. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or any other document, or afforded by law or equity, and may be exercised concurrently, independently or successively. No sale of the Property, forbearance on the part of City, or extension of the time for payment of the indebtedness hereby secured shall operate to release, discharge, waive, modify, change or affect the liability of Trustor either in whole or in part.

17. Indemnity. Trustor agrees to defend, indemnify, and hold the Santa Ana, and its elected and appointed officers, officials, employees, and agents harmless from all losses, damages, liabilities, claims, actions, judgments, costs, and reasonable attorneys’ fees that they may incur as a direct or indirect consequence of: (i) Trustor’s failure to perform any obligations as and when required by the Note, the Affordable Housing Resale Restrictions, or this Deed of Trust; or (ii) the failure at any time of any of Trustor’s representations or warranties herein or in the Affordable Housing Resale Restrictions or the Note to be true and correct.

18. Due on Transfer of the Property. If the Trustor sells, conveys, assigns, transfers, alienates, or otherwise disposes of its interest in the Property, either voluntarily or involuntarily or by operation of law, in part or in full, in violation of the Affordable Housing Resale Restrictions, the City may, at its option, require immediate payment in full of all sums due under the Note.

19. Reconveyance. Upon payment of all sums and satisfaction of all obligations secured by this Deed of Trust, including without limitation, payment of the City Equity Share as defined in the Affordable Housing Resale Restrictions, and upon the expiration or termination of the Affordable Housing Resale Restrictions, the City will provide a written request to the Trustee to reconvey the Security and will surrender this Deed of Trust and the Note to Trustee. The Trustee shall reconvey the Security without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. The recitals in the reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof.

20. Trustee Substitution. The City, at its option and without prior notice, may from time to time, by written instrument, remove the Trustee and appoint a successor trustee pursuant to a written instrument executed by City and duly acknowledged and recorded in the Official Records of Orange. Such instrument shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the predecessor Trustee, succeed to all the title, estate, power and duties conferred upon the Trustee herein and by applicable law. Such instrument shall set forth the name of the Trustor, the original Trustee and the Beneficiary hereunder, the book and page where this Deed of Trust is recorded, and the name and address of the new Trustee.

Exhibit D
55394.00101\43423340.1
City Council 24 – 70 4/15/2025
DRAFT

21. City’s Rights to Release. Without affecting the liability of any person for payment of any indebtedness hereby secured (other than any person released pursuant hereto), including without limitation any one or more endorsers or guarantors, and without affecting the lien hereof upon any of the Property not released pursuant hereto, at any time and from time to time without notice: (a) City may in its sole discretion: (i) release any person now or hereafter liable for payment of any or all such indebtedness, (ii) extend the time for or agree to alter the terms of payment of any or all of such indebtedness, and (iii) release or accept additional security for such indebtedness, or subordinate the lien or charge hereof; and (b) Trustee, acting pursuant to the written request of the City, may reconvey all or any part of the Property, consent to the making of any map or plot of the Land, join in granting any easement thereon, or join in any extension agreement of any agreement subordinating the lien or charge hereof.

22. Subordination. Absent the prior written consent of City, this Deed of Trust shall not be subordinated to any other deed of trust or encumbrance on the Property, except a First Lien, as allowed by the Affordable Housing Resale Restrictions.

23. Request for Notice. City requests that copies of any notice of default and notice of sale affecting the Property be sent to City at its address set forth herein. City shall record a Request for Notice of Default and Sale.

24. Notices. All notices, requests, demands, reports or other communications regarding this Deed of Trust shall be in writing and delivered: (i) personally; or (ii) by independent, reputable, overnight commercial courier; or (iii) by deposit in the United States mail, postage and fees fully prepaid, registered or certified mail, with return receipt requested, and addressed as follows, or to such other address as specified in written notice delivered to the parties pursuant to this Section:

To Trustor:

To City:

At the Property address.

City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk
Any notice that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of delivery thereof.

25. Successors Bound. The terms of this Deed of Trust shall be binding upon the Trustor and the Trustor’s heirs, legatees, devisees, administrators, executors, successors and assigns.

26. Attorneys’ Fees and Costs. If any legal action is filed to enforce or interpret this Deed of Trust, or the interpretation or enforcement thereof, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees, costs and expenses incurred therein.

Exhibit D
55394.00101\43423340.1
City Council 24 – 71 4/15/2025
DRAFT

27. No Waiver. Any waiver of any term or provision of this Deed of Trust must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Deed of Trust or applicable law.

No failure or delay by City at any time to require strict performance of any provision of this Deed of Trust or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election.

28. No Third-Party Beneficiaries. This Deed of Trust shall not benefit or be enforceable by any person or entity except the City, the Trustee, and the Trustor and their respective successors and assigns.

29. Entire Agreement. This Deed of Trust, together with the Affordable Housing Resale Restrictions and the Note, sets forth the entire understanding between Trustor and the City with respect to the subject matter hereof. Any previous representations, warranties, agreements, and understandings among the parties regarding the subject matter of the Affordable Housing Resale Restrictions, this Deed of Trust and Note whether written or oral, are superseded by the terms of the Affordable Housing Resale Restrictions, the Note and this Deed of Trust.

30. Amendments. This Deed of Trust shall not be amended except by a written instrument duly executed by Trustor and Beneficiary and recorded in the Official Records of Orange.

31. Severability. If any provision of this Deed of Trust shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Deed of Trust shall not be affected or impaired thereby.

32. Controlling Law and Venue. The terms of this Deed of Trust shall be interpreted under the laws of the State of California without regard to principles of conflicts of law. This Deed of Trust was entered into and is to be performed in the County of Orange, which is the exclusive venue for any action or dispute arising out of this Deed of Trust.

33. Captions and Gender. All captions and headings in this Deed of Trust are for the purposes of reference and convenience and shall be disregarded for all other purposes, including the construction or enforcement of any of provisions thereof. Whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural.

34. Joint and Several. The obligations of each signatory to this Deed of Trust shall be joint and several.

35. Time of the Essence. Time is of the essence with regard to all matters contained in this Deed of Trust.

Exhibit D
55394.00101\43423340.1
City Council 24 – 72 4/15/2025
DRAFT
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the date first written above.

TRUSTOR:

By: _________________________
Print Name: ___________________
By: _________________________
Print Name: ____________________
(Signatures must be acknowledged by notary)

Exhibit D
55394.00101\43423340.1
City Council 24 – 73 4/15/2025
DRAFT

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

State of California County of Orange} ss.

On ____________________, 20___, before me, ___________________, a Notary Public, personally appeared _____________ who proved to me on the basis of satisfactory evidence to be the person/s whose name/s is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature/s on the instrument the person/s, or the entity upon behalf of which the person/s acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.

WITNESS my hand and official seal Signature of Notary Public ____________________________________________

Exhibit D
55394.00101\43423340.1
City Council 24 – 74 4/15/2025
DRAFT
EXHIBIT 1 OF DEED OF TRUST

LEGAL DESCRIPTION

Exhibit 1
of Deed of Trust (Legal Description)
55394.00101\43423340.1
City Council 24 – 75 4/15/2025

EXHIBIT E

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

Current Address (if
different from above):

Telephone Number:

Email address:

Home: Work: Cell:

Date of Birth: Social Security # or TIN:

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

Exhibit E
55394.00101\43423340.1 City Council 24 – 76 4/15/2025

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

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

2. 3.

Net income from self employment, independent
contractor work or a business.
$
$
$
$
$
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. 6.

7. Public assistance, welfare payments $
$
$
$
$
$
$
$
$
Alimony, child support, other periodic allowances
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

INCOME VERIFICATION FORM
Monthly Gross Income *

Exhibit E
55394.00101\43423340.1 City Council 24 – 77 4/15/2025
List All Sources of Income of All Household Members Living in the Affordable Unit Part 2: Investment Income
Total
Other Adult Household
Investment
Income
Head of Household
Household Members

1. 2.

Interest paid on Bank and Savings accounts $
$
$
$
$
Dividends and other payments from stocks and $
bonds

3. 4.

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

Exhibit E
55394.00101\43423340.1 City Council 24 – 78 4/15/2025

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

1. $

2. 3.

4. Bank and Savings accounts
Stocks and bonds
$
$
$
$
$
$
$
$
$
$
$
Real property (i.e. rental property)
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.

Exhibit E
55394.00101\43423340.1 City Council 24 – 79 4/15/2025

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. 2.

Total Annual Household Investment Income
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
Other (Describe)
Disability income verification

Exhibit E
55394.00101\43423340.1 City Council 24 – 80 4/15/2025

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 Affordable 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 Affordable 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 Affordable Unit located at ______________________ ,Santa Ana, California.

Signature Date
Printed Name
Executed at __________________________________, Santa Ana, California Signature Date
Printed Name
Executed at __________________________________, Santa Ana, California

Exhibit E
55394.00101\43423340.1
City Council 24 – 81 4/15/2025

EXHIBIT F

CERTIFICATION OF CONTINUED OCCUPANCY
Date:

Owner(s) Name:

Address: Santa Ana, CA
We are the Owners of an Inclusionary Unit that was produced under the requirements of the City of Santa Ana Inclusionary Housing Ordinance. We understand and agree that the Inclusionary Unit must be used as our Primary Residence and for no other purpose.

By this Certification, we declare under penalty of perjury that:

1. 2.

3. 4.

We currently occupy the Inclusionary Unit; and
We have occupied the Inclusionary Unit for at least ten (10) out of the past twelve (12) months; and We have not used the Inclusionary Unit for any other purpose than as our Primary Residence; and We are not renting or leasing any part of the Inclusionary Unit to another party.

We have attached true and accurate copies of two utility bills or other documentation evidencing our continued occupancy of the Inclusionary Unit.

We acknowledge that any intentional or negligent misrepresentation in this Certification may result in civil liability and/or criminal penalties including, but not limited to, fine or imprisonment, or both, and liability for monetary damages under the provisions of Title 18, United States Code, Section 100.1, et seq.

Signed: _____________________________
Signed: _____________________________

Exhibit F
55394.00101\43423340.1
City Council 24 – 82 4/15/2025

EXHIBIT G

FORM OF NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF

PROPERTY

RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:

City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702
Attention: City Clerk
Free Recording pursuant to
Government Code 6103 & 27383

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 the Density Bonus Housing Agreement With Declaration of Covenants, Conditions, and Restrictions (the "Density Bonus Agreement"), recorded on or about __________, 202_, in the Official Records of Orange County, against that certain real property generally located at_______________ (APN: ______) in the City of Santa Ana, California (“City”) as legally described in Exhibit 1 hereto (“Property”). The City of Santa Ana, a municipal corporation (“City”), and
____________________________(collectively “Homebuyer”) have entered into that certain Affordable Housing Resale Restrictions, Equity Sharing, and Regulatory Agreement, dated concurrently herewith (“Affordable Housing Resale Restrictions”).

1. The Affordable Housing Resale Restrictions provides for affordability restrictions and restrictions on the transfer of the Property, as more particularly set forth in the Affordable Housing Resale Restrictions. A copy of the Affordable Housing Resale Restrictions is on file with City as a public record and is deemed incorporated herein. Reference is made to the Affordable Housing Resale Restrictions 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. The Affordable Housing Resale Restrictions contains restrictions on the sale of the Property and an equity sharing agreement for Homebuyer to pay to the City certain proceeds from the sale of the Property upon the expiration of the Affordability Term for the Property.

Exhibit G
55394.00101\43423340.1
City Council 24 – 83 4/15/2025

2. The Affordable Housing Resale Restrictions contains restrictions on the sale of the Property and an equity sharing agreement for Homebuyer to pay to the City certain proceeds from the sale of the Property upon the expiration of the Affordability Term for the Property. (A) For a period commencing upon the date on which the Property receives a certificate of occupancy, which occurred on [DATE], and terminating on the date that is fifty five (55) years later (the "Affordability Term"), the Property may only be transferred to another eligible, qualified Very Low Income Household, at an Affordable Sales Price; such restrictions are set forth at greater length in the Density Bonus Agreement and the Affordable Housing Resale Restrictions.
(B) Upon expiration of the Affordability Term, the City is entitled to an amount of the proceeds from any Transfer that is equal to the City Equity Share, which is secured by the City Deed of Trust. The City Equity Share is based on the following: (i) an amount equal to the difference between the fair market value of the Affordable Unit at the time of the initial purchase and the Affordable Sales Price (the "Initial Subsidy"), plus (ii) an amount equal to the product of (1) the appreciation of the Affordable Unit, as measured by the increase in the fair market value of the Affordable Unit at the time of the sale to the Homebuyer and the resale of the Affordable Unit, and (2) the percentage that the initial subsidy represented of the fair market value of the Affordable Unit when it was purchased by the Homebuyer (the "Proportionate Share of Appreciation"). The City Deed of Trust will not be released as an interest in the Property or otherwise reconveyed unless and until the City is paid the City Equity Share in accordance with the Affordable Housing Resale Restrictions.

3. Prior to a transfer of the Property, Homebuyer must comply with requirements of the Affordable Housing Resale Restrictions, including but not limited to the following requirements of Section 5:
a. Notice to City. Homebuyer shall send the Notice of Intent to Transfer to City pursuant to Section of the Affordable Housing Resale Restrictions. b. Qualification of Proposed Transferee. During the Affordability Term, the proposed Transferee shall provide 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 Very Low Income Household, and the proposed Affordable Sales Price.
c. Certificates from Parties. During the Affordability Term, Homebuyer 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 City. The written certificate shall also include a provision that in the event a Transfer is made in violation of the terms of this Agreement 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

Exhibit G
55394.00101\43423340.1
City Council 24 – 84 4/15/2025
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 Homebuyer and Transferee. d. Written Consent of City Required Before Transfer. During the Affordability Term, the purchase sale agreement or other contract for Transfer of the Property, and the Income Verification Form, shall be provided to the City, which shall have at least thirty (30) days to review. The Property, and any interest therein, shall not be conveyed by any Transfer except with the express written consent of City, which consent shall be given only if the Transfer is in accordance with the provisions of this Agreement The Property, and any interest therein, shall not be conveyed by any Transfer except with the express written consent of City, which consent shall be given only if the Transfer is in accordance with the provisions of the Affordable Housing Resale Restrictions.
e. Notice of Prohibited Transfer. Within thirty (30) days after receiving all information required by the Affordable Housing Resale Restrictions, the City shall determine and give notice to Homebuyer as to whether the City consents to the Transfer as a Permitted Transfer, or if the City determines the proposed Transfer is a Prohibited Transfer. Any attempt to Transfer the Property without the City's written approval, or after the City has given notice of a Prohibited Transfer, shall be a Default of this Agreement, and the City may apply to a court of competent jurisdiction for specific performance of this Agreement, for an injunction prohibiting a proposed sale or Transfer in violation of this Agreement, 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, Homebuyer and Transferee, as applicable, shall provide the City with a copy of the final sales contract, settlement statement, escrow instructions, all required certificates, and any other documents City may request.”

8. The Affordable Housing Resale Restrictions and the Density Bonus agreement both remain in full force and effect and are 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 Agreement or the Affordable Housing Resale Restrictions (including all Attachments or Exhibits 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 Affordable Housing Resale Restrictions or the Density Bonus Agreement should contact City to obtain copies.

HOMEBUYER:

By:

By:_________________________________

Exhibit G
55394.00101\43423340.1
City Council 24 – 85 4/15/2025
(Signatures must be acknowledged by notary)

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

State of California County of Orange} ss.

On ____________________, 20___, before me, ___________________, a Notary Public, personally appeared _____________ who proved to me on the basis of satisfactory evidence to be the person/s whose name/s is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature/s on the instrument the person/s, or the entity upon behalf of which the person/s acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.

WITNESS my hand and official seal Signature of Notary Public ____________________________________________

Exhibit G
55394.00101\43423340.1
City Council 24 – 86 4/15/2025
EXHIBIT 1 TO NOTICE OF AFFORDABILITY RESTRICTIONS

LEGAL DESCRIPTION

Exhibit 1
to Notice of Affordability Restrictions (Legal Description) 55394.00101\43423340.1
City Council 24 – 87 4/15/2025
Exhibit H

FORM OF REQUEST FOR NOTICE OF DEFAULT

RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:

City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702
Attention: City Clerk
Free Recording pursuant to
Government Code 6103 & 27383
REQUEST FOR NOTICE UNDER CIVIL CODE SECTION 2924B
In accordance with California Civil Code Section 2924b request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under the Deeds of Trust recorded as Instrument Nos.

California,
, , and on _______ in the Official Records of County of Orange, and
describing land therein as:
[See Exhibit 1 attached hereto]
executed by ______________________________________, as Trustor/Borrower, in which the City of Santa Ana is named as Beneficiary and Trustee, be mailed to:

City of Santa Ana, 20 Civic Center Plaza (M-30) P.O. Box 1988, Santa Ana, CA 92702, Attention:

City Clerk.
[Signature on next page]

Exhibit H
55394.00101\43423340.1
City Council 24 – 88 4/15/2025
ATTEST: CITY OF SANTA ANA
Jennifer Hall
City Clerk
Alvaro Nuñez
City Manager
APPROVED AS TO FORM:

By: [NAME]
City Attorney

Exhibit H
55394.00101\43423340.1
City Council 24 – 89 4/15/2025
EXHIBIT 1 TO REQUEST FOR DEFAULT

LEGAL DESCRIPTION

Exhibit 1
to Request for Default (Legal Description)
55394.00101\43423340.1
City Council 24 – 90 4/15/2025

1. SITE PLAN REVIEW NO. 2025-01, VESTING TENTATIVE TRACT MAP NO. 2025- 01, AND DENSITY BONUS AGREEMENT NO. 2025-01 FOR THE PROPERTY LOCATED AT 2020 EAST FIRST STREET LOCATED WITHIN THE GENERAL COMMERCIAL (C2) ZONE AND WITHIN THE ACTIVE URBAN (AU) DISTRICT OF

THE METRO EAST MIXED-USE OVERLAY ZONE (MEMU)
Project Applicant: Louisa Feletto with MLC Holdings, Inc. /Meritage Homes (Applicant) on behalf of Paul Miszkowicz with 2020 E First, LLC (Property Owner) Proposed Project: Applicant is requesting approval of Site Plan Review No. 2025-01, Vesting Tentative Tract Map No. 2025-01, and Density Bonus Agreement No. 2025-01 to facilitate the construction of a for-sale, multi-family residential development including 80 three-story townhome units and six four-story duplex units (eighty-six total units), five of which would be designated for very low-income households. The project will utilize one concession through the density bonus agreement pursuant to California Government Code Sections 65915 through 65918 and Santa Ana Municipal Code Section 41-1600 through 41-1607.

Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15168 (Program EIR) of the CEQA Guidelines. A Notice of Exemption, Environmental Review No. 2024-53, will be filed for the project.

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2025-01 AS CONDITIONED FOR A MULTIFAMILY RESIDENTIAL DEVELOPMENT WITH EIGHTY SIX RESIDENTIAL UNITS FOR THE PROPERTY LOCATED AT 2020 EAST FIRST STREET (APN: 402-191- 03)
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2025-01 (COUNTY MAP NO.19337) AS CONDITIONED TO ALLOW A EIGHTY-SIX UNIT SUBDIVISION FOR CONDOMINIUM PURPOSES FOR THE PROPERTY LOCATED AT 2020 EAST FIRST STREET (APN: 402-191-03)
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING ONE (1) CONCESSION PURSUANT TO STATE DENSITY BONUS LAW TO BE MEMORIALIZED IN DENSITY BONUS AGREEMENT NO. 2025-01 TO

ALLOW AN EIGHTY-SIX UNIT MULTI-FAMILY DEVELOPMENT FOR THE PROPERTY LOCATED AT 2020 EAST FIRST STREET (APN: 402-191-03) Recommended Action:

1. Adopt a resolution approving Site Plan Review No. 2025-01, as conditioned; City Council 24 – 91 4/15/2025

2. Adopt a resolution approving Vesting Tentative Tract Map No. 2025-01 (County Map No. 19337), as conditioned; and

3. Adopt a resolution approving a concession in development standards as memorialized in Density Bonus Agreement No. 2025-01, as conditioned.

City Council 24 – 92 4/15/2025
Planning and Building Agency
Item # 1
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Planning Commission Staff Report
March 24, 2025
Topic: Site Plan Review No. 2025-01, Vesting Tentative Tract Map No. 2025-01, and Density Bonus Agreement No. 2025-01 – MLC Holdings, Inc./Meritage Homes at 2020 East First Street

RECOMMENDED ACTIONS

1. Adopt a resolution approving Site Plan Review No. 2025-01, as conditioned;

2. Adopt a resolution approving Vesting Tentative Tract Map No. 2025-01 (County Map No. 19337), as conditioned; and

3. Adopt a resolution approving a concession in development standards as memorialized in Density Bonus Agreement No. 2025-01, as conditioned.

EXECUTIVE SUMMARY
Louisa Feletto, with MLC Holdings, Inc./Meritage Homes, representing property owner Paul Miszkowicz with 2020 E First, LLC, is requesting approval of Site Plan Review Application (SPR) No. 2025-01, Vesting Tentative Tract Map (VTTM) No. 2025-01 (County Map No. 19337) for condominium purposes, and Density Bonus Application (DBA) No. 2025-01 to allow the construction of a multi-family residential development, which includes eighty townhome units and six duplexes (eighty-six total units), at the property located at 2020 East First Street. Pursuant to Sections 2.3 and 8.1 the Metro East Mixed-Use Overlay Zone (MEMU), in order to exercise the option to develop a multi-family residential project under the MEMU, an SPR application needs to be approved by the Planning Commission.

Specifically, the applicant is requesting the SPR to facilitate the redevelopment of the site and activate the Active Urban (AU) district of the MEMU. In addition, pursuant to Section 34- 127, approval of a VTTM application is required for projects proposing to create four or more parcels.

The development will include five units designated for very low-income households earning 30-50 percent of the Area Median Income (AMI). As proposed, the project will utilize one concession to deviate from MEMU development standards through the density bonus agreement pursuant to California Government Code Sections 65915 through 65918 and City Council 24 – 93 4/15/2025
SPR No. 2025-01, VTTM No. 2025-01, and DBA No. 2025-01 – MLC Holdings, Inc./Meritage Homes (2020 East First Street)
March 24, 2025

Santa Ana Municipal Code (SAMC) Sections 41-1600 through 41-1607. Staff recommends approval of the applicant’s request as the project aligns with the intent of the General Plan and MEMU overlay district to establish residential mixed-use and employment centers that are well-connected to public transportation. Additionally, the project contributes to the community’s affordable and market-rate ownership housing stock, represents a significant reinvestment in a currently-vacant site, does not result in adverse environmental impacts or serious public health concerns, and is consistent with various goals and policies of the General Plan.

DISCUSSION
Table 1: Project and Location Information
Item Information
Project Address and Council Ward 2020 East First Street – Ward 3 Nearest Intersection East First Street and Golden Circle Drive General Plan Designation District Center – Medium High (DC – 3) Zoning Designation General Commercial (C2); Active Urban (AU) within the Metro East Use Overly Zone (MEMU)
North Eating Establishment/Commercial
East Multifamily Residences
South School (in the City of Tustin) Surrounding Land Uses West Medical Office and Recreation Field
Gross Area: 3.72 acres (161,956 square feet) Property Size Net Area: 3.68 acres (160,130 square feet) Existing Site Development 118,192-square-foot office building (Currently Vacant) Use Permissions Multi-Family Residential
Zoning Code Sections Affected
Uses Article XVI.I (Density Bonus); Active Urban within the Metro East Mixed Use Overlay Zone (MEMU);
and Chapter 34 (Subdivisions)
Background and Context
The project site is currently developed with a five-story, 118,192-square-foot office building and a parking lot, both constructed in 1985. The office building is currently vacant and has been vacant since December 2012. The vacant building would be demolished as part of the proposed project.

The project site is located within the MEMU Overlay Zone. The MEMU Overlay Zone was adopted in 2007 to facilitate mixed-used development opportunities in a portion of the City between the Santa Ana (I-5) and Costa Mesa (SR-55) freeways centered on First and Fourth streets. In 2018, the City approved an expansion of the MEMU primarily along First Street to Grand Avenue that resulted in an additional 33 acres of potential mixeduse development. As part of the MEMU expansion in 2018, the City Council certified a Subsequent Environmental Impact Report (SEIR), which contained an updated Mitigation City Council 24 – 94 4/15/2025
SPR No. 2025-01, VTTM No. 2025-01, and DBA No. 2025-01 – MLC Holdings, Inc./Meritage Homes (2020 East First Street)
March 24, 2025

Monitoring and Reporting Program. The MEMU overlay allows for a variety of housing and commercial developments, including mixed-use residential communities, live/work units, hotels, and offices. The applicant would be activating the MEMU overlay zone to develop to the development standards allowable in the Active Urban (AU) district of the MEMU.

California Senate Bill 330
The applicant is proposing a “housing development project,” defined by Government Code Section 65589.5(h) as “a use consisting of residential units only, mixed use development consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use, and transitional housing or supportive housing.” As such, the subject development will be subject to the limitations imposed by California Senate Bill (SB) 330, the Housing Crisis Act of 2019 or the HCA.

SB 330 made numerous changes to existing State law and adopted the Housing Crisis Act of 2019. The changes proposed by SB 330 became effective on January 1, 2020, establishing a statewide “housing emergency” until January 1, 2025. One of the provisions of 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.

Among other changes, 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.

As a “housing development project,” the application is being submitted pursuant SB 330.

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 City Council 24 – 95 4/15/2025
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March 24, 2025

allowed, 90 dwelling unit per acre (du/ac) per the District Center – Medium High (DC – 3) General Plan land use designation.

On May 30, 2024, the applicant submitted a SB 330 Preliminary Application for the proposed project, which was deemed incomplete on June 19, 2024. Subsequently, the applicant provided the additional information on June 24, 2024, and the preliminary application was deemed complete by staff on June 27, 2024. Since then, the applicant has worked with staff to address all development standards.

Project Description
The development will consist of twelve residential buildings with eighty (80) three-story townhouse units, and three residential buildings with six (6) four-story duplexes, with a proposed project density of 23.37 du/ac. The townhomes will include twelve (12) twobedroom units, thirty-four (34) three-bedroom units, and thirty-four (34) four-bedroom units, and are designed as a tuck-under building type featuring a front porch/stoop frontage design. The six duplexes are all designed as three-bedroom units, and are also designed as a tuck-under building type featuring a shopfront frontage design and rooftop decks.

The unit sizes will vary between 1,215 and 2,488 square feet, and each unit will be fully equipped with a kitchen, bedrooms, bathrooms, common living areas, and will include a minimum of 90 square feet of private open space, provided in the form of a deck or balcony.

They will also include a two-car garage at ground level (tuck-under building design) and inunit laundry facilities. The duplexes will feature ground-floor, 210-square-foot flex spaces that may be used as home offices. These spaces would differ from traditional live-work units due to constraints related to the building construction type and building setbacks. While these offices may serve as commercial uses, they would not accommodate or serve as a traditional commercial storefront. However, the provided flex spaces would support the MEMU overall vision and goals by activating the public realm and enhancing connectivity with publicly accessible open space.

As previously described, the project will include affordable units, with five units designated for very low-income households earning 30-50 percent of the AMI which is currently $78,900 for a four-person household, as determined by the California Department of Housing and Community Development (HCD). These will consist of two, four-bedroom units, two, threebedroom units and one, two-bedroom unit, ranging in size from 1,215 to 1,781 square feet.

Each unit will be fully equipped with a kitchen, bedrooms, bathrooms, and common living areas, ensuring a high standard of living for future residents.

As part of the development, a total of 9,767 square feet of the project site or six percent (6%) of total site will be dedicated to publicly accessible open space. This will include a public plaza along First Street, which will lead to a private courtyard that would serve as common City Council 24 – 96 4/15/2025
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open space. Collectively, the common open space provided is 13,179 square feet, which exceeds the minimum 8,006 square feet required by the MEMU (five percent of the lot). The courtyard features seating areas, picnic tables, shade structures, a corn hole play area, and enhanced paseos for pedestrian connectivity. Dog waste stations will also be placed throughout the site to accommodate pet owners. The main entryway will be enhanced with decorative paving, and landscaping will be carefully curated to enhance aesthetics and improve the overall living environment. The plant selection will include California Sycamore and Southern Live Oak along the street, with Sweet Bay, African Sumac, and Southern Magnolia providing canopy coverage. Fern Pine and Brisbane Box trees will serve as vertical accents, while Crape Myrtle and Tulip trees will add flowering highlights. Shrubs such as agave, Dwarf Lily of the Nile, Sulfur Flower, and Red Yucca will contribute to the site’s visual appeal.

The project incorporates a contemporary architectural style consistent with many multifamily and mixed-use residential communities currently under construction in Santa Ana and the surrounding region. The overall design, massing, materials, and architectural features are intended to be compatible with, yet distinct from, the existing multi-family residences to the east. The subject site is designed with a row of units positioned adjacent to the front property line, incorporating a storefront-style facade that enhances pedestrian engagement and activates the public realm. The contemporary architectural style is characterized by a combination of brick veneer and lap siding, complemented by wood canopies and metal awnings, which add both texture and depth to the design. Throughout the development, the cohesive contemporary aesthetic is maintained through the continued use of siding, brick veneer, and concrete flat tile roofing, ensuring visual consistency across the site while integrating modern design elements.

As part of the current entitlement, the applicant has submitted a vesting tentative tract map (VTTM) application to subdivide the project site into a condominium lot with eightysix condominium units. The VTTM would allow for individual unit sales, with homes available at both market-rate and designated for very low-income households, contributing to the City's efforts to increase homeownership opportunities across various income levels.

The applicant has prepared the required vesting tentative tract map, which clarifies the proposed subdivision for the proposed condominiums.

Table 2 below details the project’s conformance to the MEMU development standards.

Table 2: Development Standards
Development Standards (MEMU)
Standard Required/Allowed Provided
Density 90 Dwelling Units Per Acre 23.12 du/ac
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Development Standards (MEMU)
Standard Required/Allowed Provided
Lot Size 1 acre 3.72 acres
Building Height 3 stories minimum Townhomes – 3 stories Duplex – 4 stories
Setbacks
Front: 10 feet
East Side Yard: 15 feet (1st/2nd floor),
20/30 feet (3rd/4th floor)
West Side Yard & Rear: 5 feet
Internal Aisle: 3 feet
Building to Building: 6 feet
Front: 30 feet
East Side Yard: 24 feet
West Side Yard: 9 feet
Rear: 20 feet
Internal Aisle: 3 feet
Building to Building: 10 feet 7
inches
Frontage Type Forecourt, Shop Front, Gallery, or
Arcade Gallery
Public Open Space 15 percent of the lot
(24,020 square feet)
6 percent
(9,767 square feet)
Common Open Space 5 percent of the lot
(8,006 square feet)

8.23 percent of the lot
(13,179 square feet)
Private Open Space 90 square feet per unit
(7,740 square feet)
155 square feet per unit
minimum
13,304 square feet
Minimum Floor Heights 10 ft. (ground); 9 ft. (upper) 9’-1” ground; 9’-1” upper Parking Spaces 2 spaces per unit
(172 spaces)

2.29 spaces per unit
(197 spaces)
Density Bonus Law
As part of the project the applicant is seeking concessions allowable by the California Density Bonus law which 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. The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. Recent revisions allow affordable housing developers to request incentives/concessions and/or waivers for affordable or mixed-income developments, even if they do not require a numerical density bonus. Moreover, 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.

For this project, the developer is not requesting a State density bonus for additional units but will avail themselves of the incentive/concession and waivers that are required to be provided by State density bonus law for projects with the requisite affordability. Due to the City Council 24 – 98 4/15/2025
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project’s six percent (6%) affordability rate, the developer can seek one density bonus incentive/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.

The purpose of the State Density Bonus Law is to encourage the development and availability of affordable housing. Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny requested incentives, concessions, and waivers. The City has analyzed the project and has identified several areas of potential impacts; however, the conditions of approval proposed for the project are intended to address the project’s potential impacts.

Table 3: Requested Concession and Waivers
Standard Required by MEMU Provided
Public Open Space Fifteen Percent of Lot
(24,020 square feet)
Six Percent of the Lot
(9,767 square feet)
Requires Concession (1 of 1), Cal. Gov’t
Code Sec. 65915 (d)(2)(A)
Onsite Parking
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.

City Council 24 – 99 4/15/2025
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Project Analysis
MEMU Site Plan Review
Pursuant to Section 41-595.5 of the SAMC and sections 2.3 and 8.1 of the MEMU, approval of a Site Plan Review by the Planning Commission is required for any project wishing to develop per the MEMU standards. Planning staff has reviewed the project and finds that it complies with a majority of development standards applicable to the proposed project, with the exception of the publicly accessible open space standard for which the applicant is requesting a concession under Section 65915 of the California Government Code. In accordance with Section 8.2 (Findings for Granting a MEMU Overlay Zone Site Plan Review Approval) an analysis of the project’s compliance with the MEMU is provided in Table 4 below.

Table 4: MEMU Findings for Site Plan Review Approval
Finding Project Compliance
That the proposed development plan is consistent
with and will further the objectives outlined in
Section 1.2 for the MEMU Overlay Zone.

The objectives of the MEMU are to create an
active, mixed-use urban village where residents
can live, work, shop, and play within a short walking
distance of one another. It aims to facilitate welldesigned mixed-use developments, achieve the harmonious integration of new projects, and
encourage contemporary architectural designs that
enhance the built environment. The proposed
project is consistent with these objectives, as it
incorporates both residential units and flex spaces
within the proposed duplexes, allowing owners the
opportunity to live and work in the same space.

Additionally, the contemporary design of the
project strengthens its connection to the public
realm, enhancing pedestrian accessibility and
connectivity to open spaces on-site. The mass and
scale of the development are also comparable to
that of neighboring properties with approved
projects, ensuring a harmonious and cohesive
urban environment.

That the proposed development plan is consistent
with the development standards specified in
Section 4 of the MEMU Overlay Zone.

The proposed project conforms to the majority of
development standards detailed in Section 4 of the
MEMU, with the exception of publicly accessible
open space, for which a concession is being
requested under the Density Bonus Law. However,
the project exceeds the required amount of
common open space, providing approximately
13,179 square feet where only 8,007 square feet
are required which may help offset the reduction in
publicly accessible open space. As designed, the
project promotes connectivity to the public realm
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Finding Project Compliance
and may function as publicly accessible open
space.

That the proposed development plan is designed
to be compatible with adjacent development in
terms of similarity of scale, height, and site
configuration and otherwise achieves the
objectives of the Design Principles specified in
Section 5 of the MEMU Overlay Zone.

The proposed development is designed to be
compatible with the adjacent properties, as the
applicant has thoughtfully designed the units to
range from three to four stories, ensuring a
compatible mass and scale with the surrounding
area while maintaining a minimum building height
of three stories. Along the frontage, the proposed
duplexes feature a mix of materials and incorporate
a stepped-back fourth floor, which is offset by a
trellis to provide articulation and architectural
variety. The ground-floor shopfront frontage further
enhances the streetscape by creating the
appearance of a vibrant commercial storefront,
seamlessly integrating with the public plaza and
fostering an active, pedestrian-friendly
environment. Lastly, landscaping within the public
plaza helps soften the building’s appearance,
further blending the development with the public
realm and enhancing the overall aesthetic and
connectivity of the space.

That the land use uses, site design, and
operational considerations in the proposed
development plan have been planned in a manner
that will result in a compatible and harmonious
operation as specified in Section 7 of the MEMU
Overlay Zone.

The proposed project is consistent with the
applicable operational standards outlined in
Section 7, as it has been carefully designed to
ensure safety, privacy, and functionality for future
residents and the surrounding community. The
development incorporates lighting throughout the
site to enhance visibility and security in shared
spaces such as walk ways, adjacent to trash
enclosures, and within the private plaza as detailed
in the lighting plan of Exhibit 7. Additionally,
windows have been strategically placed to
maintain privacy between units and neighboring
properties, minimizing potential intrusions while
maximizing natural light. Furthermore, on-site
activities will be regulated and formalized as part of
the conditions of approval, ensuring that
community spaces are used in a way that promotes
a balanced and well-maintained environment.

Common entrances will also be designed to
prevent direct access to individual residential units,
enhancing resident security and controlled access
within the development.

Density Bonus Application
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” City Council 24 – 101 4/15/2025
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(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 5: Analysis of the Requested Concession (1)
Standard Analysis
Open Space Concession – MEMU, Section 4.5. Publicly Accessible Open Space Public Open Space
The total common open space required for the project site is equal to 15 percent of the lot, or approximately 24,020 sq. ft. Instead, the project provides a 9,767 sq. ft. of publicly accessible open space (approximately six percent – 6%).

Providing the required publicly accessible open space would reduce the total number of units that can be developed and/or impact the drive aisle area, compromising the project's feasibility and safety for residents and emergency responders. The site cannot accommodate the additional nine percent (9%) open space required by the AU district without making the project financially infeasible.

This would likely lead to a reduced unit count, smaller unit sizes along First Street, or a narrower drive aisle, creating a ripple effect that ultimately decreases the size of Buildings 10, 11, and 12. The units have been carefully designed to balance common areas and bedroom space, and any further reduction could compromise livability for future owners. Moreover, if the project becomes financially unviable, it could result in the loss of the five affordable townhouse units. Lastly, the overall site design and proposed amenities took into account the proximity of the City of Santa Ana Zoo/Prentice Park, which is located approximately 1,500 linear feet (0.2-miles) to the west of the project site. The close proximity of the City park space reduces the overall impact of the concession for the open space requirement.

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 pursuant to section 41-1603.

City Council 24 – 102 4/15/2025
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March 24, 2025

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 certain findings can be made in support of the request.

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 eighty (80) townhome units and six duplexes. 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.

The proposed map is consistent with the General Plan, as the vision for the General Plan designation of District Center – Medium High (DC-3) is to establish distinctly urban retail, residential mixed-use, and employment centers that are well connected to public transportation. This includes townhome projects with ground-floor spaces intended for office use, as proposed in this project. Additionally, DC-3 allows for a density of 90 du/ac and a floor area ratio (FAR) of 3.0. The proposed project density/intensity meets these standards, ensuring consistency with the General Plan. Regarding the site, the project can accommodate the proposed improvements. With the exception of the publicly accessible open space, for which the applicant has requested a concession, the project conforms to the development standards of the zone. Lastly, conditions of approval would be included to maintain 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 MEMU.

The proposed project is not anticipated to have adverse environmental impacts to fish or wildlife populations were identified as the project site is located in a built-out, urbanized City Council 24 – 103 4/15/2025
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area that is currently developed with an office building and surface parking lot.

Additionally, a consistency memo was drafted by the applicant’s environmental consultant, First Carbon Solutions. The memo was reviewed by City staff and peer reviewed by the City’s own environmental consultant, Ardura Consulting. The peer review found the proposed project to be consistent with the Environmental Impact Report (EIR) and Subsequent EIR approved and certified for the MEMU. It was also determined that the project would not result in serious health problems, as the proposed use is a compatible land use and the build out of the project site is within the anticipated build out MEMU area, which was evaluated under the MEMU EIR and Subsequent EIR.

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 eighty-six for-sale, market-rate and affordable housing, with five onsite affordable units. The proposed project is part of the MEMU and has been designed to incorporate significant design features, articulating elevations in order to minimize any visual impacts on surrounding land uses. Lastly, the project has been designed to maintain all easements and retain reciprocal access with the neighboring property. Based on this the proposed project warrants approval of the vesting tentative tract map.

General Plan Consistency
The proposed project aligns with several goals and policies of the City’s General Plan.

Goal LU-1 of the Land Use Element (LU) aims to provide a land use plan that enhances quality of life while respecting the existing community. By introducing high-quality housing that includes both market-rate and affordable units, the project would improve the quality of life for the surrounding community by activating an underutilized site and contributing to the area's vibrancy. Additionally, the proposed development would be of a comparable mass and scale to the existing multi-family buildings in the area, ensuring compatibility with surrounding land uses. This aligns with Policy LU-1.1, which seeks to foster land use compatibility to enhance livability and promote a healthy lifestyle.

The project also supports homeownership opportunities at both market-rate and affordable levels, directly aligning with Policy LU-1.2, which encourages innovative development strategies to expand homeownership opportunities across all income levels.

Furthermore, the proposed development is located within a built-out urban area, qualifying it as an infill project. By incorporating a mix of affordable and market-rate housing, it aligns with Policy LU-1.5, which promotes quality infill residential development that provides a diverse range of housing types while accommodating residents of all income levels and age groups as well as Policy LU-4.7 which promotes mixed-income developments with mixed housing types to create inclusive communities and economically diverse neighborhoods.

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The design of the units, which incorporates a storefront-style appearance adjacent to a public plaza, aligns with Goal UD-1 of the Urban Design (UD) Element. This goal seeks to enhance the physical character and livability of the city while fostering a strong sense of place, a positive community image, and a high-quality built environment. The public plaza improvements contribute to an enhanced and well-designed environment, creating a welcoming gathering space not only for future residents but also for those in neighboring properties. This design approach is also consistent with Policies UD-1.3 and UD-1.5, which encourage site designs that clearly define public spaces through thoughtful building placement and orientation while promoting community interaction through enhanced plazas and open spaces. The public plaza is strategically located at the front of the development, ensuring accessibility to the public while remaining distinct from the private common areas of the residential community. This separation reinforces a clear delineation between public and private realms, enhancing both usability and community engagement
Beyond land use and urban design, the project is aligned with key housing goals outlined in the Housing Element (HE). Goal HE-2 seeks to promote a diverse range of high-quality housing options at different affordability levels to meet the needs of Santa Ana’s residents. By offering both market-rate and affordable housing units, the project directly supports this goal by ensuring housing opportunities for households with varying financial means. Similarly, Policy HE-2.5 aims to facilitate the development of a variety of housing types, prices, and sizes, including single-family homes, apartments, townhomes, duplexes, mixed-use developments, transit-oriented housing, multigenerational housing, accessory dwelling units, and live-work opportunities. The project contributes to this policy by providing a thoughtfully designed residential development that includes townhomes with ground-floor office spaces, promoting both housing diversity and economic vitality.

Lastly, the proposed project complies with Policy HE-2.7, in accordance with the Affordable Housing Opportunity and Creation Ordinance (AHOCO), which requires that new for-sale residential projects allocate at least five percent of the units to moderateincome households. By providing five units to very-low income households the project meets this requirement and ensures that a portion of its housing stock remains attainable to buyers of varying means, fostering long-term community stability and homeownership accessibility.

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 five (5) onsite units designated for households earning 30-50 percent of the AMI (very lowincome), which is currently set at $78,900 for a four-person, significantly enhancing 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. These affordable units will City Council 24 – 105 4/15/2025
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consist of two three-bedroom and two three-bedroom units, ranging from 1,215 to 1,496 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 Riverview West and Santa Anita Neighborhood Associations 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.

In addition to the required public noticing, the applicant also held two community meetings in compliance with the City’s Sunshine Ordinance (Ordinance No. NS-3040). The first meeting was held on October 15, 2024. Approximately twenty members of the community were in attendance and posed questions related to the unit count, unit type, parking availability, finishes on the interior, pricing, affordable units, and when the units would be available for sale. No issues of concern were raised regarding the proposed development.

The second meeting was held on September 4, 2024. Five members of the community were in attendance and posed questions related to the affordable housing units and when they would become available, but raised no issues related to the development. Materials from both meetings are posted to the project’s City webpage.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the proposed project is exempt from further environmental review under Section 15168 (Program EIR). This exemption applies when a previously certified Program Environmental Impact Report (Program EIR) has adequately analyzed the environmental effects of an activity, and no new significant impacts would result from the proposed project. If the proposed project remains within the scope of the Program EIR and does not require a subsequent Environmental Impact Report (EIR), no additional environmental documentation is required.

A CEQA Section 15168 Consistency Memorandum was prepared by First Carbon Solutions, the applicant’s environmental consultant. The purpose of the memorandum was to determine whether the proposed project was exempt from further review, pursuant to the relevant 2007 MEMU Program EIR, certified in 2007, and the MEMU Subsequent EIR, certified in 2018. This memorandum was reviewed by City staff and the City’s environmental consultant, Ardurra Consulting. Upon review, it was determined that the City Council 24 – 106 4/15/2025
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project does not introduce new or more severe environmental effects beyond those previously identified. Additionally, there are no substantial changes in environmental circumstances that would necessitate further review. Moreover, as required under CEQA Guidelines Section 15168(c)(3), all applicable mitigation measures from the MEMU EIR and SEIR will be incorporated into the project. Based on this analysis, the project qualifies for an exemption under CEQA, and no further environmental documentation is necessary.

Therefore, a Notice of Exemption, Environmental Review No. 2024-53, will be filed for the project.

FISCAL IMPACT
There is no fiscal impact associated with this action. However, a Fiscal Impact and Economic Benefit Analysis was prepared by the applicant for the proposed project. The analysis indicates that the project is anticipated to result in an increase in General Fund revenues following buildout of the project, which is estimated at approximately $340,716 per year. In addition, there would be an increase in General Fund expenses estimated at approximately $231,055 per year. Accordingly, there is expected to be an annual surplus of approximately $109,662 to the General Fund following buildout of the project.

Additionally, the project is anticipated to result in a one-time economic benefit to the City during the construction phase. Specifically, construction of the project would result in an increase in employment by 140.26 full-time equivalent construction-related jobs and an increase in labor income of approximately $12,250,665. Moreover, the applicant is anticipated to pay approximately $2,189,502 in development impact fees to the City.

Further details related to the Fiscal Impact and Economic Benefit Analysis included in the report prepared by the applicant’s consultant Zimmerman Group is included as Exhibit

12. EXHIBITS

1. Resolution for SPR No. 2025-01

2. Resolution for VTTM No. 2025-01

3. Resolution for DBA No. 2025-01

4. Vicinity Zoning and Aerial View

5. Site Photo

6. Site Plan

7. Project Floor Plan and Elevations

8. Landscape Plan

9. Vesting Tentative Tract Map

10. Draft Density Bonus Agreement

11. Sunshine Ordinance Meeting Materials (Available Online)

12. Fiscal Impact and Economic Benefit Analysis
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SPR No. 2025-01, VTTM No. 2025-01, and DBA No. 2025-01 – MLC Holdings, Inc./Meritage Homes (2020 East First Street)
March 24, 2025

13. CEQA Consistency Memo

14. Copy of Public Notice
Submitted By:

Pedro Gomez, AICP, Principal Planner
Approved By:

Ali Pezeshkpour, AICP, Acting Executive Director, Planning and Building Agency City Council 24 – 108 4/15/2025
Resolution No. 2025-XX

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SANTA ANA APPROVING SITE PLAN
REVIEW NO. 2025-01 AS CONDITIONED FOR A MULTIFAMILY RESIDENTIAL DEVELOPMENT WITH EIGHTY SIX

RESIDENTIAL UNITS FOR THE PROPERTY LOCATED AT
2020 EAST FIRST STREET (APN: 402-191-03)

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. Louisa Feletto, with MLC Holdings, Inc./Meritage Homes, (“Applicant”) representing property owner Paul Miszkowicz with 2020 E First, LLC, (“Property Owner”) is requesting approval of Vesting Tentative Tract Map No. 2025-01 (VTTM-2025-01), Density Bonus Application No. 2025-01 (DBA-2025-01), and Site Plan Review Application No. 2025-01 (SP-2025- 01) to facilitate the construction of a multi-family residential development, including eighty townhome units and six duplexes (eighty-six total units), for the property located at 2020 East First Street (“Project”).

B. California Senate Bill 330, the Housing Crisis Act of 2019 (HCA), amending the Permit Streamlining Act and the Housing Accountability Act, 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 “housing development project” being submitted as a Senate Bill No. 330 (SB 330) application.

E. The Project site has a General Plan land use designation of District Center – Medium High (DC-3) and is located within the General Commercial (C2) zoning district. In addition, the Project Site is located within the Active Urban District (AU) of the Metro East Mixed-Use Overlay Zone (“MEMU”).

F. Pursuant to Section 41-595.5 of the Santa Ana Municipal Code (“SAMC”) and sections 2.3 and 8.1 of the MEMU, approval of a SPR by the Planning Commission is required for any project wishing to develop per the MEMU standards.

City Council 24 – 109 4/15/2025
Resolution No. 2025-XX

G. On March 24, 2025, the Planning Commission of the City of Santa Ana held a duly noticed public hearing on SPR No. 2025-01 and at that time considered all testimony, written and oral.

H. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a SPR No. 2025-01, as required by Section 8.2 of the MEMU, have been established to allow the construction of the Project:

1. The proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU.

The objectives of the MEMU are to create an active, mixeduse urban village where residents can live, work, shop, and play within a short walking distance of one another. It aims to facilitate well-designed mixed-use developments, achieve the harmonious integration of new projects, and encourage
contemporary architectural designs that enhance the built environment. The proposed Project is consistent with these objectives, as it incorporates both residential units and flex spaces within the proposed duplexes, allowing owners the opportunity to live and work in the same space. Additionally, the contemporary design of the Project strengthens its
connection to the public realm, enhancing pedestrian
accessibility and connectivity to open spaces on-site. The mass and scale of the development are also comparable to that of neighboring properties with approved projects,
ensuring a harmonious and cohesive urban environment.

2. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU.

The proposed Project conforms to the majority of
development standards detailed in Section 4 of the MEMU, with the exception of publicly accessible open space, for which a concession is being requested under the Density Bonus Law. However, the Project exceeds the required
amount of common open space, providing approximately
13,179 square feet where only 8,007 square feet are required.

As designed, the project promotes connectivity to the public realm and may function as publicly accessible open space.

3. That the proposed development plan is designed to be compatible with the adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU overlay district.

City Council 24 – 110 4/15/2025
Resolution No. 2025-XX

The proposed development is designed to be compatible with the adjacent properties, as the applicant has thoughtfully designed the units to range from three to four stories, ensuring a compatible mass and scale with the surrounding area while maintaining a minimum building height of three stories. Along the frontage, the proposed duplexes feature a mix of materials and incorporate a stepped-back fourth floor, which is offset by a trellis to provide articulation and architectural variety. The ground-floor shopfront frontage further enhances the
streetscape by creating the appearance of a vibrant
commercial storefront, seamlessly integrating with the public plaza and fostering an active, pedestrian-friendly environment.

Lastly, landscaping within the public plaza helps soften the building’s appearance, further blending the development with the public realm and enhancing the overall aesthetic and connectivity of the space.

4. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU overlay district.

The proposed Project is consistent with the applicable
operational standards outlined in Section 7, as it has been carefully designed to ensure safety, privacy, and functionality for future residents and the surrounding community. The development incorporates lighting throughout the site to enhance visibility and security in shared spaces such as walk ways, adjacent to trash enclosures, and within the private plaza as detailed in the lighting plan of Exhibit No. 7.

Additionally, windows have been strategically placed to maintain privacy between units and neighboring properties, minimizing potential intrusions while maximizing natural light.

Furthermore, on-site activities will be regulated and
formalized as part of the conditions of approval, ensuring that community spaces are used in a way that promotes a
balanced and well-maintained environment. Common
entrances will also be designed to prevent direct access to individual residential units, enhancing resident security and controlled access within the development.

Section 2. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the proposed Project is exempt from further environmental review under Section 15168 (Program EIR). This exemption applies when a previously certified Program Environmental Impact Report (Program EIR) has adequately analyzed the environmental effects of an activity, and no new significant impacts would result from the proposed Project. If the proposed Project remains within the scope of the Program EIR City Council 24 – 111 4/15/2025
Resolution No. 2025-XX

and does not require a subsequent Environmental Impact Report (EIR), no additional environmental documentation is required.

A CEQA Section 15168 Consistency Memorandum was prepared by First Carbon Solutions, the Applicant’s environmental consultant. The purpose of the memorandum was to determine whether the proposed Project was exempt from further review, pursuant to the relevant 2007 MEMU Program EIR, certified in 2007, and the MEMU Subsequent EIR, certified in 2018. This memorandum was reviewed by City staff and City’s environmental consultant, Ardurra Consulting. Upon review, it was determined that the Project does not introduce new or more severe environmental effects beyond those previously identified. Additionally, there are no substantial changes in environmental circumstances that would necessitate further review. Moreover, as required under CEQA Guidelines Section 15168(c)(3), all applicable mitigation measures from the MEMU EIR and SEIR will be incorporated into the Project. Based on this analysis, the Project qualifies for an exemption under CEQA, and no further environmental documentation is necessary.

Therefore, Notice of Exemption, Environmental Review No. 2024-53, will be filed for the project.

Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution 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 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 SPR No. 2025-01 as conditioned in “Exhibit A”, attached hereto and incorporated as though fully set forth herein, based on the findings contained in Section 1. 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 March 24, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.

City Council 24 – 112 4/15/2025
Resolution No. 2025-XX

Section 5. This Resolution No. _____ for SPR No. 2025-01 shall not be effective unless and until Density Bonus Agreement Application No. 2025-01 is approved, considered concurrently with this Site Plan Review No. 2025-01, and the Density Bonus Housing Agreement associated therewith is approved, executed and recorded.

ADOPTED this 24th day of March 2025, by the following vote:

AYES: Commissioners:

NOES: Commissioners:

ABSENT: Commissioners:

ABSTENTIONS: Commissioners:
_______________________
Jennifer Oliva
Chairperson
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ______________, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-XX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 24, 2025.

Date: ________________ ____________________________________ Nuvia Ocampo
Recording Secretary
City of Santa Ana
City Council 24 – 113 4/15/2025
Resolution No. 2025-XX

EXHIBIT A
Conditions for Approval for Site Plan Review No. 2025-01 Site Plan Review No. 2025-01 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 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.

1. All proposed site improvements must conform to the Development Project (DP) approval of DP No. 2024-14.

2. Any proposed amendment to this site plan review, 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 site plan review must be amended.

3. The Project shall comply with all applicable mitigation measures as identified by the Mitigation Monitoring and Reporting Program of the 2007 Environmental Impact Report (EIR) and 2018 Subsequent EIR (SCH No. 2006031041).

4. The Project shall comply with any and all recommendations contained with the technical studies and reports prepared for the Project. All studies and reports shall be finalized by the Applicant and approved by the City of Santa Ana prior to the issuance of any building permits.

5. Exterior building and exterior parking structure materials, finishes and colors for the Project shall comply with the approved materials board submitted for the Project and as approved by the Planning and Building Agency. Any changes to the materials, finishes and colors shall be approved by the Planning and Building Agency. All trash enclosures and similar ancillary structures shall match the texture, material and color of the primary building.

6. Walls and Fencing.
a. The Applicant shall construct a minimum six-foot (6’) tall solid 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 City Council 24 – 114 4/15/2025
Resolution No. 2025-XX

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.

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

8. All balconies shall be designed and constructed with adequate drainage systems to prevent water accumulation and ensure proper runoff, subject to review and approval by the Planning Division prior to issuance of building permits.

9. 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.

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

11.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.

12.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.

13.Before submitting a landscape review application, the Applicant shall meet with Planning Division staff to evaluate the proposed plant species, sizes, quantities, and placement of trees, shrubs, and groundcover to ensure they maximize onsite landscaping in compliance with established landscape standards. The final City Council 24 – 115 4/15/2025
Resolution No. 2025-XX

landscape plan shall include a diverse selection of shade-producing canopy trees from the City's approved street tree list, ensuring the maximum possible number is incorporated.

14.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.

15.The Applicant shall install enhanced lighting within the publicly accessible open space, spanning south from First Street towards the project’s common open space, between Buildings 14 and 15, as shown on the approved site plan. The enhanced lighting shall include pedestrian-scaled lighting along all walkways and where appropriate, wall-mounted lighting to be architecturally compatible and pedestrian scaled. The lighting levels shall be sufficient to create a perceived sense of security and safety, and for sidewalk and street illumination.

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

17.The publicly accessible open space areas as shown on the plans shall remain accessible to the public during daylight hours as per plans approved by the Planning and Building Agency.

18.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 property management agreement, and incorporate the form of this condition within the Project’s CC&R’s. The agreement shall be recorded against the property by the City and shall be in a form reasonably satisfactory to the City Attorney. The executed agreement must be submitted to the Planning Division by the Applicant within 90 days of the approval of this Resolution. The 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 24 – 116 4/15/2025
Resolution No. 2025-XX

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 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 agreement.
g. The 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 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 agreement shall be a condition precedent to the final map being recorded.

City Council 24 – 117 4/15/2025
Resolution No. 2025-XX

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SANTA ANA APPROVING VESTING
TENTATIVE TRACT MAP NO. 2025-01 (COUNTY MAP
NO.19337) AS CONDITIONED TO ALLOW A EIGHTY-SIX

UNIT SUBDIVISION FOR CONDOMINIUM PURPOSES FOR
THE PROPERTY LOCATED AT 2020 EAST FIRST
STREET (APN: 402-191-03)

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. Louisa Feletto, with MLC Holdings, Inc./Meritage Homes (“Applicant”), representing property owner Paul Miszkowicz with 2020 E First, LLC (“Property Owner”), is requesting approval of Vesting Tentative Tract Map No. 2025-01 (VTTM-2025-01), Density Bonus Application No. 2025-01 (DBA-2025-01), and Site Plan Review Application No. 2025-01 (SP-2025- 01) to facilitate the construction of a multi-family residential development, including eighty townhome units and six duplexes (eighty-six total units), for the property located at 2020 East First Street (“Project”).

B. California Senate Bill 330, the Housing Crisis Act of 2019 (HCA), amending the Permit Streamlining Act and the Housing Accountability Act, 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 a “housing development project” being submitted as a Senate Bill No. 330 (SB 330) application.

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. 2025-01 came before the Planning Commission of the City of Santa Ana on March 24, 2025, for a duly noticed public hearing, and at that time, the Planning Commission considered all testimony, written and oral.

City Council 24 – 118 4/15/2025
Resolution No. 2025-XX

G. The Planning Commission of the City of Santa Ana determines that following findings, which must be established in order to approve Vesting Tentative Tract Map No. 2025-01, 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 District Center – Medium High (DC-3) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan.

The proposed Project aligns with several goals and policies of the City’s General Plan. Goal LU-1 of the Land Use Element (LU) aims to provide a land use plan that enhances quality of life while respecting the existing community. By introducing high-quality housing that includes both market-rate and affordable units, the Project would improve the quality of life for the surrounding community by activating an underutilized site and contributing to the area's vibrancy.

Additionally, the proposed development would be of a
comparable mass and scale to the existing multifamily
buildings in the area, ensuring compatibility with surrounding land uses. This aligns with Policy LU-1.1, which seeks to foster land use compatibility to enhance livability and promote a healthy lifestyle.

The Project also supports homeownership opportunities at both market-rate and affordable levels, directly aligning with Policy LU-1.2, which encourages innovative development
strategies to expand homeownership opportunities across all income levels.

Furthermore, the proposed development is located within a built-out urban area, qualifying it as an infill project. By incorporating a mix of affordable and market-rate housing, it aligns with Policy LU-1.5, which promotes quality infill residential development that provides a diverse range of housing types while accommodating residents of all income levels and age groups as well as Policy LU-4.7 which promote mixed-income developments with mixed housing types to
create inclusive communities and economically diverse
neighborhoods.

Beyond land use, the Project is aligned with key housing goals outlined in the Housing Element (HE). Goal HE-2 seeks to promote a diverse range of high-quality housing options at different affordability levels to meet the needs of Santa Ana’s City Council 24 – 119 4/15/2025
Resolution No. 2025-XX

residents. By offering both market-rate and affordable housing units, the Project directly supports this goal by ensuring housing opportunities for households with varying financial means. Similarly, Policy HE-2.5 aims to facilitate the
development of a variety of housing types, prices, and sizes, including single-family homes, apartments, townhomes,
duplexes, mixed-use developments, transit-oriented housing, multigenerational housing, accessory dwelling units, and livework opportunities. The Project contributes to this policy by providing a thoughtfully designed residential development that includes townhomes with ground-floor office spaces,
promoting both housing diversity and economic vitality. Lastly, the proposed Project complies with Policy HE-2.7, in
accordance with the Affordable Housing Opportunity and
Creation Ordinance (AHOCO), which requires that new forsale residential projects allocate at least five percent of the units to moderate-income households. By providing five units to very-low income households the project meets this
requirement and ensures that a portion of its housing stock remains attainable to buyers of varying means, fostering longterm community stability and homeownership accessibility.

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

The Project’s site is physically suitable for the proposed development in terms of both type and density. The 3.72-acre site, as designed, can accommodate 86 townhome units,
equating to a density of 23 dwelling units per acre, while the underlying General Plan designation allows for up to 90 dwelling units per acre. Furthermore, the Project conforms to the majority of development standards, with the exception of publicly accessible open space, for which a concession is being requested under the Density Bonus Law. However, the Project exceeds the required amount of common open space, providing approximately 13,179 square feet where only 8,007 square feet are required which may offset the amount reduced publicly accessible open space. As designed, the Project promotes connectivity to the public realm and may function as publicly accessible open space.

3. 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 City Council 24 – 120 4/15/2025
Resolution No. 2025-XX

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.

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

The design and improvements of the proposed Project will not result in serious health concerns or pose any detrimental effects to the general public. The proposed subdivision, consisting of a mixed-use residential townhome development, is a permitted use within the applicable zoning district and has been thoroughly evaluated as part of the MEMU EIR and
Subsequent EIR to assess potential environmental and public health impacts. Furthermore, the residential units are not expected to generate activities that would be hazardous to public health or safety. The Project has been designed to comply with all applicable health, safety, and environmental regulations, ensuring a safe and well-planned living
environment for future residents and the surrounding
community.

5. 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.

The design and improvements of the proposed Project will not conflict with any easements necessary for public access through or use of the property. The existing and recorded easements have been thoroughly reviewed and considered
as part of the Project evaluation. Additionally, the proposed right-of-way improvements will not impede access to the project site. As designed, the Project maintains clear and unobstructed drive aisles that align with existing access patterns and respect all recorded easements, ensuring
seamless circulation for both residents and the public.

Section 2. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the proposed Project is exempt from further environmental review under Section 15168 (Program EIR). This exemption applies when a previously certified Program Environmental Impact Report (Program EIR) has adequately analyzed the environmental effects of an activity, and no new significant impacts would result from the proposed project. If the proposed Project remains within the scope of the Program EIR City Council 24 – 121 4/15/2025
Resolution No. 2025-XX

and does not require a subsequent Environmental Impact Report (EIR), no additional environmental documentation is required.

A CEQA Section 15168 Consistency Memorandum was prepared by First Carbon Solutions, the Applicant’s environmental consultant. The purpose of the memorandum was to determine whether the proposed Project was exempt from further review, pursuant to the relevant 2007 MEMU Program EIR, certified in 2007, and the MEMU Subsequent EIR, certified in 2018. This memorandum was reviewed by City staff and City’s environmental consultant, Ardurra Consulting. Upon review, it was determined that the Project does not introduce new or more severe environmental effects beyond those previously identified. Additionally, there are no substantial changes in environmental circumstances that would necessitate further review. Moreover, as required under CEQA Guidelines Section 15168(c)(3), all applicable mitigation measures from the MEMU EIR and SEIR will be incorporated into the Project. Based on this analysis, the Project qualifies for an exemption under CEQA, and no further environmental documentation is necessary.

Therefore, Notice of Exemption, Environmental Review No. 2024-53, will be filed for the Project.

Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution 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 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. 2025-01 as conditioned in “Exhibit A”, attached hereto and incorporated as though fully set forth herein, based on the findings contained in Section 1. 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 Mach 24, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.

City Council 24 – 122 4/15/2025
Resolution No. 2025-XX

Section 5. This Resolution No. _____ for VTTM-2025-01 shall not be effective unless and until Density Bonus Agreement Application No. 2025-01 is approved, considered concurrently with this Vesting Tentative Tract Map No. 2025-01, and the Density Bonus Housing Agreement associated therewith is approved, executed and recorded.

ADOPTED this 24th day of March 2025, by the following vote:

AYES: Commissioners:

NOES: Commissioners:

ABSENT: Commissioners:

ABSTENTIONS: Commissioners:
_______________________
Jennifer Oliva
Chairperson
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ______________, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-XX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 24, 2025.

Date: ________________ ____________________________________ Nuvia Ocampo
Recording Secretary
City of Santa Ana
City Council 24 – 123 4/15/2025
Resolution No. 2025-XX

EXHIBIT A
Conditions for Approval for Vesting Tentative Tract Map No. 2025-01 Vesting Tentative Tract Map No. 2025-01 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 vesting tentative tract map.

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 vesting tentative tract map.

1. All proposed site improvements must conform to the Development Project (DP) approval of DP No. 2024-14.

2. Any proposed amendment to this Vesting Tentative Tract Map No. 2025-01 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. The Project shall comply with all applicable mitigation measures as identified by the Mitigation Monitoring and Reporting Program of the 2007 Environmental Impact Report (EIR) and 2018 Subsequent EIR (SCH No. 2006031041).

4. The Project shall comply with any and all recommendations contained with the technical studies and reports prepared for the Project. All studies and reports shall be finalized by the Applicant and approved by the City of Santa Ana prior to the issuance of any building permits.

5. Walls and Fencing.
a. The Applicant shall be construct a minimum six-foot (6’) tall solid 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.

City Council 24 – 124 4/15/2025
Resolution No. 2025-XX

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

7. All balconies shall be designed and constructed with adequate drainage systems to prevent water accumulation and ensure proper runoff, subject to review and approval by the Planning Division prior to issuance of building permits.

8. 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.

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

10.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.

11.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 requirements of the State Subdivision Map Act.

12.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.

13.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.

14.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.

City Council 24 – 125 4/15/2025
Resolution No. 2025-XX

15.Before submitting a landscape review application, the Applicant shall meet with Planning Division staff to evaluate the proposed plant species, sizes, quantities, and placement of trees, shrubs, and groundcover to ensure they maximize onsite landscaping in compliance with established landscape standards. The final landscape plan shall include a diverse selection of shade-producing canopy trees from the City's approved street tree list, ensuring the maximum possible number is incorporated.

16.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.

17.The Applicant shall install enhanced lighting within the publicly accessible open space, spanning south from First Street towards the project’s common open space, between Buildings 14 and 15, as shown on the approved site plan. The enhanced lighting shall include pedestrian-scaled lighting along all walkways and where appropriate, wall-mounted lighting to be architecturally compatible and pedestrian scaled. The lighting levels shall be sufficient to create a perceived sense of security and safety, and for sidewalk and street illumination.

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

19.The publicly accessible open space areas as shown on the plans shall remain accessible to the public during daylight hours as per plans approved by the Planning and Building Agency.

20.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 property management agreement, and incorporate the form of this condition within the Project’s CC&R’s. The agreement shall be recorded against the property by the City and shall be in a form reasonably satisfactory to the City Attorney. The executed agreement must be submitted to the Planning Division by the Applicant within 90 days of the approval of this Resolution. The 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, City Council 24 – 126 4/15/2025
Resolution No. 2025-XX

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 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 agreement.
g. The 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 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 agreement shall be a condition precedent to the final map being recorded.

City Council 24 – 127 4/15/2025
Resolution No. 2025-XX

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING ONE (1)

CONCESSION PURSUANT TO STATE DENSITY BONUS

LAW TO BE MEMORIALIZED IN DENSITY
BONUS AGREEMENT NO. 2025-01 TO ALLOW AN

EIGHTY-SIX UNIT MULTI-FAMILY DEVELOPMENT
FOR THE PROPERTY LOCATED AT 2020 EAST
FIRST STREET (APN: 402-191-03)

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. Louisa Feletto, with MLC Holdings, Inc./Meritage Homes (“Applicant”), representing property owner Paul Miszkowicz with 2020 E First, LLC (“Property Owner”), is requesting approval of Vesting Tentative Tract Map No. 2025-01 (VTTM-2025-01), Density Bonus Application No. 2025-01 (DBA-2025-01), and Site Plan Review Application No. 2025-01 (SP-2025- 01) to facilitate the construction of a multi-family residential development, including eighty townhome units and six duplexes (eighty-six total units), for the property located at 2020 East First Street (“Project”).

B. California Senate Bill 330, the Housing Crisis Act of 2019 (HCA), amending the Permit Streamlining Act and the Housing Accountability Act, 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.

E. The Project site is located within the General Commercial (C2) zoning district and within the Metro East Mixed-Use Overlay Zone (MEMU). The MEMU was adopted in 2007 to encourage mixed-use residential and commercial development. The overlay district was later expanded in 2018.

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.

City Council 24 – 128 4/15/2025
Resolution No. 2025-XX

F. The proposed Project conforms to a majority of the development standards of the Active Urban (AU) district of the MEMU with the exception of publicly accessible open space. Section 4.5 of the MEMU requires thehe Project to provide 24,020 square feet of publicly accessible open space but the Project is only designed with 9,767 square feet (six percent of the site) for which they are seeking a concession pursuant to Section 65915 of the California Government Code (Density Bonuses and Other Incentives).

G. The California Density Bonus law, contained at Government Code Section 65915 allows developers to seek increases in base density, concessions or incentives, and waivers or reductions in development standards for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the California Density Bonus law allows developers to seek incentives/concessions or waivers or reductions of development standards.

H. The Applicant’s request has been evaluated by the City’s Development Review Committee (DRC) through Development Project No. 2024-14.

Through this review, the DRC has considered the subject site, proposed development, and the Applicant’s request for a concession pursuant to the State’s Density Bonus Law.

I. On March 24, 2025, 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.

J. Section 41-1607 of the Santa Ana Municipal Code (SAMC) requires that deviations (incentives/concessions and/or waivers or reductions) be approved by the Planning Commission.

K. The Planning Commission determined that the following findings, which must be established in order to grant a deviation pursuant to SAMC Section 41-1607 have been established for Density Bonus Agreement No. 2025-01 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 consist of eighty-six
townhomes, with five units designated for very low-income households. This Project will not only expand the City’s ownership housing stock but also address the needs of
diverse and underserved populations, helping to create a more inclusive and accessible housing market. By integrating affordable housing within a larger market-rate development, the Project contributes to an economically balanced
City Council 24 – 129 4/15/2025
Resolution No. 2025-XX

community, ensuring that individuals and families across different income levels and demographics have access to quality housing. Additionally, its strategic location within an area rich in employment opportunities, commercial
developments, and existing market-rate housing further
enhances its role in fostering a well-rounded, sustainable, and thriving urban environment.

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 proposed Project will not be inconsistent with the AU zoning designation and the respective General Plan
designation, as the vision for the underlying General Plan designation of District Center Medium High (DC-3) is to establish distinctly urban retail, residential mixed-use, and employment centers that are well connected to public
transportation. This includes townhome projects with groundfloor spaces intended for office use, as proposed in this Project. Additionally, DC-3 allows for a density of 90 dwelling units per acre and a floor area ratio (FAR) of 3.0. The proposed Project density/intensity meets these standards, ensuring consistency with the General Plan. Regarding the site, the Project can accommodate the proposed
improvements. With the exception of the publicly accessible open space, for which the Applicant has requested a
concession, the Project conforms to the development
standards of the zone.

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 Project is consistent with the applicable land use
designation, as it proposes a permissible building type and frontage within the allowable density. It also incorporates both common open space, in the form of a courtyard, and private open spaces, such as balconies and decks. Furthermore, the building complies with the required setbacks and separation standards. While the site lacks the entirety of the required publicly accessible open space, the Applicant has designed the Project to include a public courtyard along the right-ofway, which connects to the rest of the site via a paseo leading to the common open space area. However, the site cannot accommodate the additional nine percent open space
required by the AU district without rendering the Project City Council 24 – 130 4/15/2025
Resolution No. 2025-XX

financially infeasible, as this would likely result in fewer units, reduced unit sizes along First Street, or a narrower drive aisle.

This, in turn, would create a ripple effect, ultimately reducing the size of Buildings 10, 11, and 12. The units have been designed to strike a balance between common areas and
bedroom space, and any further reduction in unit size may compromise livability for future owners. Additionally, if the Project becomes financially unviable for the Applicant, it could result in the loss of the five affordable townhouse units.

Section 2. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the proposed Project is exempt from further environmental review under Section 15168 (Program EIR). This exemption applies when a previously certified Program Environmental Impact Report (Program EIR) has adequately analyzed the environmental effects of an activity, and no new significant impacts would result from the proposed project. If the proposed Project remains within the scope of the Program EIR and does not require a subsequent Environmental Impact Report (EIR), no additional environmental documentation is required.

A CEQA Section 15168 Consistency Memorandum was prepared by First Carbon Solutions, the applicant’s environmental consultant. The purpose of the memorandum was to determine whether the proposed project was exempt from further review, pursuant to the relevant 2007 MEMU Program EIR, certified in 2007, and the MEMU Subsequent EIR, certified in 2018. This memorandum was reviewed by City staff and City’s environmental consultant, Ardurra Consulting. Upon review, it was determined that the Project does not introduce new or more severe environmental effects beyond those previously identified. Additionally, there are no substantial changes in environmental circumstances that would necessitate further review. Moreover, as required under CEQA Guidelines Section 15168(c)(3), all applicable mitigation measures from the MEMU EIR and SEIR will be incorporated into the project. Based on this analysis, the project qualifies for an exemption under CEQA, and no further environmental documentation is necessary.

Therefore, Notice of Exemption, Environmental Review No. 2024-53, will be filed for the project.

Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution 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, City Council 24 – 131 4/15/2025
Resolution No. 2025-XX

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 Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves that certain concession(deviation), as described in this Resolution and in the City’s Staff Report and as memorialized in Density Bonus Agreement No. 2025-01 in Exhibit A attached hereto and incorporated as though fully set forth herein, based on the findings contained in Section 1. 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 March 24, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.

ADOPTED this 24th day of March 2025, by the following vote:

AYES: Commissioners:

NOES: Commissioners:

ABSENT: Commissioners:

ABSTENTIONS: Commissioners:
_______________________
Jennifer Oliva
Chairperson
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
City Council 24 – 132 4/15/2025
Resolution No. 2025-XX

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NUVIA OCAMPO, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-XX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 24, 2025.

Date: ________________ ____________________________________ Nuvia Ocampo
Recording Secretary
City of Santa Ana
City Council 24 – 133 4/15/2025
Resolution No. 2025-XX

EXHIBIT A
Conditions for Approval for Density Bonus Agreement Application No. 2025-01 The concession (deviation) as memorialized in the Density Bonus Agreement prepared in conjunction with Density Bonus Agreement Application No. 2025-01 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 the Density Bonus Agreement.

The Applicant must remain in compliance with all conditions listed below throughout the life of the development project.

1. All proposed site improvements must conform to the Development Project (DP) approval of DP No. 2024-14 and the plans presented to the Planning Commission on the date of public hearing and project approval.

2. Any proposed amendment to the DP No. 2024-14, 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. The project shall comply with all applicable mitigation measures as identified by the Mitigation Monitoring and Reporting Program of the 2007 Environmental Impact Report (EIR) and 2018 Subsequent EIR (SCH No. 2006031041).

4. The Project shall comply with any and all recommendations contained with the technical studies and reports prepared for the Project. All studies and reports shall be finalized by the Applicant and approved by the City of Santa Ana prior to the issuance of any building permits.

5. Exterior building and exterior parking structure materials, finishes and colors for the Project shall comply with the approved materials board submitted for the Project and as approved by the Planning and Building Agency. Any changes to the materials, finishes and colors shall be approved by the Planning and Building Agency. All trash enclosures and similar ancillary structures shall match the texture, material and color of the primary building.

6. Walls and Fencing.
a. The Applicant shall construct a minimum six-foot (6’) tall solid perimeter wall, as measured from nearest adjacent finished sidewalk, surrounding the Project site. The perimeter wall shall conform to all applicable Citywide City Council 24 – 134 4/15/2025
Resolution No. 2025-XX

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.

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

8. All balconies shall be designed and constructed with adequate drainage systems to prevent water accumulation and ensure proper runoff, subject to review and approval by the Planning Division prior to issuance of building permits.

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

10.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.

11.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.

12.Before submitting a landscape review application, the Applicant shall meet with Planning Division staff to evaluate the proposed plant species, sizes, quantities, and placement of trees, shrubs, and groundcover to ensure they maximize onsite landscaping in compliance with established landscape standards. The final City Council 24 – 135 4/15/2025
Resolution No. 2025-XX

landscape plan shall include a diverse selection of shade-producing canopy trees from the City's approved street tree list, ensuring the maximum possible number is incorporated.

13.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.

14.The Applicant shall install enhanced lighting within the publicly accessible open space, spanning south from First Street towards the project’s common open space, between Buildings 14 and 15, as shown on the approved site plan. The enhanced lighting shall include pedestrian-scaled lighting along all walkways and where appropriate, wall-mounted lighting to be architecturally compatible and pedestrian scaled. The lighting levels shall be sufficient to create a perceived sense of security and safety, and for sidewalk and street illumination.

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

16.The publicly accessible open space areas as shown on the plans shall remain accessible to the public during daylight hours as per plans approved by the Planning and Building Agency.

17.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 property management agreement, and incorporate the form of this condition within the Project’s CC&R’s. The agreement shall be recorded against the property by the City and shall be in a form reasonably satisfactory to the City Attorney. The executed agreement must be submitted to the Planning Division by the Applicant within 90 days of the approval of this Resolution. The 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, City Council 24 – 136 4/15/2025
Resolution No. 2025-XX

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 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 agreement.
g. The 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 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 agreement shall be a condition precedent to the final map being recorded.

City Council 24 – 137 4/15/2025
 

 

 





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SPR No. 2025-01, VTTM No. 2025-01, and DBA No. 2025-01 for MLC Holdings, Inc./Meritage Homes 2020 East First Street
Exhibit No. 5 – Site Photo
Facing the SR-22 Freeway
City Council 24 – 139 4/15/2025
UNIT 25L1.1R UNIT 25L1.1
20'-0"x20'-0" CLEAR
PORCH
ENTRY
BATH
17'-4" x 11'-5"

WORK SPACE
24'-5" x 20'-1"
GARAGE
13'-8" x 5'-6"
COATS
20'-0"x20'-0" CLEAR
PORCH
ENTRY
BATH
17'-4" x 11'-5"

WORK SPACE
24'-5" x 20'-1"
GARAGE
13'-8" x 5'-6"
COATS
46'-0"
50'-2"
UNIT 25L1.1R UNIT 25L1.1

KITCHEN

OPEN TO
BELOW
16'-10"x 7'-2"
DINING
17'-4" x 17'-4"
GREAT RM.
17'-4" x 4'-6"
DECK
LINEN

STORAGE
PWDR. KITCHEN

OPEN TO
BELOW
16'-10"x 7'-2"
DINING
17'-4" x 17'-4"
GREAT RM.
17'-4" x 4'-6"
DECK
LINEN

STORAGE
PWDR.
79 SQ. FT. 79 SQ. FT.
46'-0"
50'-2"
JOB #: 23022
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE

SECOND FLOOR PLAN FIRST FLOOR PLAN
2,488 S.F.
3 BDRM., 2 BATH, 2 PWDR
2,488 S.F.
3 BDRM., 2 BATH, 2 PWDR
01/13/2025
SP-1
#23022

SANTA ANA - CALIFORNIA

CONCEPTUAL SITE PLAN

EXISTING APARTMENT BUILDING

E FIRST STREET

PRIVATE DRIVE

PRIVATE DRIVE

PRIVATE DRIVE
BLDG 1
BLDG 2 BLDG 3
BLDG 4
BLDG 5
BLDG 6
BLDG 7
BLDG 8
BLDG 9
BLDG 10
BLDG 11
BLDG 12
BLDG 13
BLDG 14
BLDG 15

01.20.25 SANTA ANA, CA
L-1
2020 FIRST STREET -
Collaborative
CONCEPTUAL SITE PLAN Not To Scale
Project Summary
Gross Area: 3.72 Acres (161,956 SF)
Net Area: 3.68 Acres (160,130 SF)
No. of Units: 86 Homes2
• (80) 3-Story Townhomes
• (12) Plan 2532: 1215 SF, 2 bed., 2.5 bath
• (34) Plan 1633: 1496 SF, 3 bed, 3 bath
• (34) Plan 1638: 1781 SF, 4 bed, 4 bath
• (6) 4-Story Urban Duplex Homes
• (6) Plan 25L1: 2444 SF residence, 3 bed., 2.5 bath,
flex space + 0.5 bath
Net Density: 23.37 du/ac
Proposed Setbacks:
• Front: 20’ to building minimum (First Street)
• Side: 9’ to building minimum
• Rear: 24’ to building minimum
• Building to Building: 10’ minimum separation
Parking Required: 172 Spaces total
• 2 spaces per unit required for mixed-use
developments per 4.8.3.c of the Metro East MixedUse Overlay Zone document Parking Provided: 194 Spaces total (2.25 sp/du)
• Resident: Private 2-car garage per unit
• Guest Spaces: 22 spaces
Open Space Required: 39,766 SF
• Publicly Accessible: 24,020 SF (15% of net lot area)
• Private/Common: 7,740 SF (90 SF per unit)
• Mixed Use Non-Res: 8,006 SF (5% of net lot area)
Open Space Provided: 40,240 SF3
• Publicly Accessible: 9,767 SF (10’ min. dim.)9
• Common Open Space: 17,169 SF (10’ min. dim)
• Private Open Space: 13,304 SF4
(5’ min. dim.)
Notes:

1. Property Address: 2020 East 1st Street, Santa Ana, CA 92705

2. Assessor’s Parcel Numbers: 402-191-03

3. Application Number: 2024-14 (MASTER ID NO. 2024-18869) ER NO. 2024-53 VESTING TENTATIVE TRACT MAP 19337

4. Type VB construction with NFPA 13D automatic sprinkler system.

5. Existing General Plan: District Center - Medium High (DC-3)

6. Existing Zoning: General Commercial - Metro East Mixed Use (MEMU) Overlay Zone (C2-OZ1)

7. Proposed General Plan: District Center - Medium High (DC-3)

8. Proposed Zoning: General Commercial - Metro East Mixed Use (MEMU) Overlay Zone (C2-OZ1)

9. Project to comply with MEMU MMRP program.

10. 5% Very Low, 5 total units, Concession used to reduce public open space requirement

11. SB330: Vested 5.30.2024

12. CEQA: 15183 Exemption
Typical Three-Story Townhome Building
• 3 floor plans
• Side-by-side and tandem garages to
maximize density and provide variety
• Private open space in the form of a
porch/patio and/or deck per unit
Front Public Plaza & Urban Duplex Units
• Publicly accessible common open space area (dashed line) • Community connections to adjacent apartments
• Urban Duplex units with 4-story massing provide shop-front frontage to create an urban street wall
Project Entry
• Project entry provide second point of right-in, right-out access • Bus stop and shelter to be relocated and improved to enhance plaza space
Shared Project Entry
• Project entry shares driveway with adjacent
apartment project
• Respects existing utility easements
• Extends plaza and connection to adjacent uses
Existing Emergency Vehicle
Access (EVA) from adjacent
apartment project
Typical Trash Enclosure
and Transformer
Private Courtyards and Paseos
• Courtyards provide opportunities
for public and private interaction
• Amenity opportunities for
features such as seating areas,
shade structures, bbqs, dog bag
stations, etc.
• Pedestrian connections draw
users from the public realm into
and through the site
Existing apartment
building fire egress
access maintained
Backflow devices screened by planter
Typical ADA path of travel
City Council 24 – 140 4/15/2025
UNIT 25L1.1R UNIT 25L1.1
20'-0"x20'-0" CLEAR
PORCH
ENTRY
BATH
17'-4" x 11'-5"

WORK SPACE
24'-5" x 20'-1"
GARAGE
13'-8" x 5'-6"
COATS
20'-0"x20'-0" CLEAR
PORCH
ENTRY
BATH
17'-4" x 11'-5"

WORK SPACE
24'-5" x 20'-1"
GARAGE
13'-8" x 5'-6"
COATS
46'-0"
50'-2"
UNIT 25L1.1R UNIT 25L1.1

KITCHEN

OPEN TO
BELOW
16'-10"x 7'-2"
DINING
17'-4" x 17'-4"
GREAT RM.
17'-4" x 4'-6"
DECK
LINEN

STORAGE
PWDR. KITCHEN

OPEN TO
BELOW
16'-10"x 7'-2"
DINING
17'-4" x 17'-4"
GREAT RM.
17'-4" x 4'-6"
DECK
LINEN

STORAGE
PWDR.
79 SQ. FT. 79 SQ. FT.
46'-0"
50'-2"
JOB #: 23022
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE

SECOND FLOOR PLAN FIRST FLOOR PLAN
2,488 S.F.
3 BDRM., 2 BATH, 2 PWDR
2,488 S.F.
3 BDRM., 2 BATH, 2 PWDR
01/13/2025
SP-1
#23022

SANTA ANA - CALIFORNIA

DIMENSIONED SITE PLAN
Notes:

1. Property Address: 2020 East 1st Street, Santa Ana, CA 92705

2. Assessor’s Parcel Numbers: 402-191-03

3. Application Number: 2024-14 (MASTER ID NO. 2024-18869) ER NO. 2024-53 VESTING TENTATIVE TRACT MAP 19337

4. Type VB construction with NFPA 13D automatic sprinkler system.

5. Existing General Plan: District Center - Medium High (DC-3)

6. Existing Zoning: General Commercial - Metro East Mixed Use (MEMU) Overlay Zone (C2-OZ1)

7. Proposed General Plan: District Center - Medium High (DC-3)

8. Proposed Zoning: General Commercial - Metro East Mixed Use (MEMU) Overlay Zone (C2-OZ1)

9. Project to comply with MEMU MMRP program.

10. 5% Very Low, 5 total units, Concession used to reduce public open space requirement

11. SB330: Vested 5.30.2024

12. CEQA: 15183 Exemption
Project Summary
Gross Area: 3.72 Acres (161,956 SF)
Net Area: 3.68 Acres (160,130 SF)
No. of Units: 86 Homes2
• (80) 3-Story Townhomes
• (6) 4-Story Urban Duplex Homes
Net Density: 23.37 du/ac
Parking Required: 172 Spaces total
• 2 spaces per unit required for mixed-use
developments per 4.8.3.c of the Metro East
Mixed-Use Overlay Zone document
Parking Provided: 194 Spaces total (2.25 sp/du)
• Resident: Private 2-car garage per unit
• Guest Spaces: 22 spaces
Open Space Required: 39,766 SF
• Publicly Accessible: 24,020 SF (15% of lot area)
• Private/Common: 7,740 SF (90 SF per unit)
• Mixed Use Non-Res: 8,006 SF (5% of lot area)
Open Space Provided: 40,240 SF3
• Publicly Accessible: 9,767 SF (10’ min. dim.)
• Common Open Space: 17,169 SF (10’ min. dim)
• Private Open Space: 13,304 SF4 (5’ min. dim.)
0 1" = 30'
15 30 60

14.7'

10.0'

10.8'

14.7'

10.0'

24.6'

4.7'

24.0'

19.5'

16.0'

24.0'

7.0'

9.3'

8.0'

20.1'

8.0'

18.0'

7.0'

3.0'

24.0'

22.0'

4.0'

6.0'

22.0'

4.0'

4.0'

30.0'

5.6'

6.0'

24.0'

18.0'

8.5'

11.4'

9.5'

24.0'

14.5'

22.0'

4.0' 4.5'

5.6' 5.6'

24.0'

18.0' 20.0' 22.8' 20.0'

20.3'

20.9'

8.0'

5.6' 7.6'

22.0'

6.0' 4.0'

3.0'

22.0'

15.0'

15.0'

51.4'
135.6'

21.0'

25.0'

14.7'

10.0'

10.8'

14.7'

10.0'

24.6'

4.7'

24.0'

19.5'

16.0'

24.0'

7.0'

9.3'

8.0'

20.1'

8.0'

18.0'

7.0'

3.0'

24.0'

22.0'

4.0'

6.0'

22.0'

4.0'

4.0'

30.0'

5.6'

6.0'

24.0'

18.0'

8.5'

11.4'

9.5'

24.0'

14.5'

22.0'

4.0' 4.5'

5.6' 5.6'

24.0'

18.0' 20.0' 22.8' 20.0'

20.3'

20.9'

8.0'

5.6' 7.6'

22.0'

6.0' 4.0'

3.0'

22.0'

15.0'

15.0'

51.4'
135.6'

21.0'

25.0'
City Council 24 – 141 4/15/2025
UNIT 25L1.1R UNIT 25L1.1
20'-0"x20'-0" CLEAR
24'-5" x 20'-1"
GARAGE
20'-0"x20'-0" CLEAR
24'-5" x 20'-1"
GARAGE
PORCH
ENTRY
16'-8" x 12'-7" FLEX
11'-4" x 3'-4"
PWDR
PORCH
ENTRY
16'-8" x 12'-7" FLEX
11'-4" x 3'-4"
PWDR
46'-0"
50'-2"
UNIT 25L1.1R UNIT 25L1.1

KITCHEN
16'-10"x 7'-2" DINING
LINEN
PWDR. KITCHEN
16'-10"x 7'-2" DINING
LINEN
PWDR.

OPEN TO
BELOW
16'-8" x 16'-4" GREAT RM.
16'-8" x 5'-7" DECK

OPEN TO
BELOW
16'-8" x 16'-4" GREAT RM.
16'-8" x 5'-7" DECK

STORAGE STORAGE
46'-0"
50'-2"
JOB #: 23022
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE

SECOND FLOOR PLAN FIRST FLOOR PLAN
0 2 4 8
2,444 S.F.
3 BDRM., 2 BATH, 2 PWDR
2,444 S.F.
3 BDRM., 2 BATH, 2 PWDR
01/22/2025 URBAN DUPLEX A-1
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 142 4/15/2025
UNIT 25L1.1R UNIT 25L1.1
15'-2" x 12'-4" PRIM. BEDRM.

BATH 2
HALL
PRIM.

BATH
W.I.C.
17'-2" L.F.
12'-10"x 11'-5" BEDRM. 3 11'-4" x 11'-5" BEDRM. 2
LINEN
LINEN
15'-2" x 12'-4" PRIM. BEDRM.

BATH 2
HALL
PRIM.

BATH
W.I.C.
17'-2" L.F.
12'-10"x 11'-5" BEDRM. 3 11'-4" x 11'-5" BEDRM. 2
LINEN
LINEN
UNIT 25L1.1R UNIT 25L1.1

OPEN TO
BELOW
9'-4" x 10'-9"
23'-9" x13'-10"

ROOF DECK

OPEN TO
BELOW
9'-4" x 10'-9"
23'-9" x13'-10"

ROOF DECK
JOB #: 23022
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
0 2 4 8

FOURTH FLOOR PLAN THIRD FLOOR PLAN
01/22/2025 URBAN DUPLEX A-2
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 143 4/15/2025
UNIT 25L1.1R UNIT 25L1.1
JOB #: 23022
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
0 2 4 8
01/22/2025 URBAN DUPLEX A-3
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 144 4/15/2025
01/22/2025 URBAN DUPLEX A-4
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 145 4/15/2025
01/22/2025 URBAN DUPLEX A-5
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 146 4/15/2025
01/22/2025 URBAN DUPLEX A-6
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 147 4/15/2025
01/22/2025 URBAN DUPLEX A-7
#23022

SANTA ANA - CALIFORNIA
PROJECT 23022
CREATED 4/18/2023
STUCCO 1580 STUCCO: OMEGA
STUCCO PAINT MATCH*** SW7012 CREAMY PAINT: SHERWIN WILLIAMS

LAP SIDING /

CORNER BOARDS /

SIDING WINDOW TRIM /

GARAGE DOORS
SW9106
EL CARAMELO BRICK: ELDORADO

STOREFRONT / RAILING /

METAL AWNING / TRELLIS
SW7069
IRON ORE GROUT: ORCO or EQUAL

WINDOW TRIM
SW7019
GAUNTLET GRAY GUTTERS: RGS

FRONT DOORS
SW7069

IRON ORE
BRICK:

TUNDRA BRICK
LATIGO

WINDOW FRAME BLACK
GROUT: MAC MISTY COVE
GUTTERS: BRONZE
** FOR PHOTOSHOP & RENDERING PURPOSES ONLY, DO NOT USE IN THE FIELD

TODAS LAS RESTAURAS DE PINTURA SE CORTARAN EN LAS ESQUINAS INTERIORES **SOLO PARA FINES DE PHOTOSHOP Y REPRESENTACIONES, NO USAR EN EL CAMPO TODAS LAS TAPAJUNTAS, CAñALERAS, CAñALONES, ETC.SERAN PINTADOS PARA IGUALAR A LA

SUPERFICIE DE JUNTO
ALL FLASHING, GUTTERS, DOWNSPOUTS ETC. TO BE PAINTED TO MATCH ADJACENT SURFACE.

ALL PAINT BREAKS TO BE CUT AT INSIDE CORNERS.
2020 E. 1ST STREET URBAN DUPLEX

SANTA ANA, CA

EXTERIOR COLOR SCHEME
2020 E. FIRST STREET
SANTA ANA, CA JUN. 10, 2024
#23022

URBAN DUPLEX

LIVE/WORK
SCHEME #1

STUCCO BODY

STOREFRONT/

RAILINGS/

METAL AWNING /

TRELLIS

LAP SIDING /

CORNER BOARDS /

SIDING WINDOW TRIM /

GARAGE DOORS

WINDOW TRIM

FRONT DOOR
BRICK

WRITTEN COLOR SCHEME DIGITAL COLOR BOARD
City Council 24 – 148 4/15/2025
PORCH
ENTRY
PORCH
COATS
PORCH
ENTRY
20'-0"x20'-0" CLEAR
10'-0"x40'-0" CLEAR
ELEC. CLOSET - UNDERGROUND

INSTALLATION TO PLANS REQUIRED
ELEC. CLOSET - UNDERGROUND

INSTALLATION TO PLANS REQUIRED
UNIT 1638X.2R UNIT 1633.2R UNIT 1633.1 UNIT 1638.2 UNIT 1633.1 UNIT 1638X.2 BATH 4
20'-2" x 20'-2"
GARAGE
11'-5" x 40'-4"
GARAGE
8'-8" x 3'-0"

STORAGE
4'-6" x 10'-4"

STORAGE
5'-2" x 11'-2" STORAGE
ENTRY
PORCH
COATS
PORCH
ENTRY
10'-0"x40'-0" CLEAR
BATH 4
20'-2" x 20'-2"
GARAGE
11'-5" x 40'-4"
GARAGE
8'-8" x 3'-0"

STORAGE
4'-6" x 10'-4"

STORAGE
5'-2" x 11'-2" STORAGE
ENTRY
PORCH
COATS
10'-0"x40'-0" CLEAR
11'-5" x 40'-4"
GARAGE
4'-6" x 10'-4"

STORAGE
5'-2" x 11'-2" STORAGE
PORCH
ENTRY
20'-0"x20'-0" CLEAR
BATH 4
20'-2" x 20'-2"
GARAGE
8'-8" x 3'-0"

STORAGE
9'-11" x 11'-2" BEDRM. 410'-1" x 11'-2" BEDRM. 4 9'-11" x 11'-2" BEDRM. 4 20'-0"x20'-0" CLEAR
99'-10"
53'-6"
JOB #: 23022
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
0 2 4 8
1,496 S.F.
3 BDRM., 3 BATH
1,496 S.F.
3 BDRM., 3 BATH
1,496 S.F.
3 BDRM., 3 BATH
1,781 S.F.
4 BDRM., 4 BATH
1,781 S.F.
4 BDRM., 4 BATH
1,781 S.F.
4 BDRM., 4 BATH
01/22/2025 TOWNHOMES A-8
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 149 4/15/2025
UNIT 1638X.2R UNIT 1633.2R UNIT 1633.1 UNIT 1638.2 UNIT 1633.1 UNIT 1638X.2 15'-11"x10'-10"
GREAT RM.
15'-11"x 6'-3"
DECK
12'-4" x 7'-2" DINING

KITCHEN
BATH 3
9'-10" x 10'-0"
BEDRM. 3
10'-2" x 10'-2"
OFFICE
15'-11"x10'-10"
GREAT RM.
15'-11"x 6'-3"
DECK
12'-4" x 7'-2" DINING

KITCHEN
BATH 3
10'-0" x 10'-0"
BEDRM. 3
10'-2" x 10'-2"
OFFICE
15'-11"x10'-10"
GREAT RM.
15'-11"x 6'-3"
DECK
12'-4" x 7'-2" DINING

KITCHEN
BATH 3
10'-0" x 10'-0"
BEDRM. 3
10'-2" x 10'-2"
OFFICE
12'-5" x 7'-6" DINING
15'-11"x 6'-0"
DECK

KITCHEN
11'-5" x 10'-3"
BEDRM. 3
BATH 3
15'-11"x 9'-11" GREAT RM.
96 SQ. FT.

WORK/
STUDY
12'-5" x 7'-6" DINING
15'-11"x 6'-0"
DECK

KITCHEN
11'-5" x 10'-3"
BEDRM. 3
BATH 3
15'-11"x 9'-11" GREAT RM.
96 SQ. FT.

WORK/
STUDY
12'-5" x 7'-6" DINING
15'-11"x 6'-0"
DECK

KITCHEN
BATH 3
15'-11"x 9'-11" GREAT RM.
112 SQ. FT.

WORK/
STUDY
11'-5" x 10'-3"
BEDRM. 3
97 SQ. FT. 97 SQ. FT. 97 SQ. FT.

JOB #: 23022
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
0 2 4 8
01/22/2025 TOWNHOMES A-9
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 150 4/15/2025
UNIT 1638X.2R UNIT 1633.2R UNIT 1633.1 UNIT 1638.2 UNIT 1633.1 UNIT 1638X.2 LAU.

BATH 2
HALL
W.I.C.
15'-0" L.F.

PRIM. BATH
12'-0" x10'-10"
BEDRM. 2
15'-11"x 11'-8"
PRIM. BEDRM.

WORK/
STUDY
LAU.

BATH 2
HALL
W.I.C.
15'-0" L.F.

PRIM. BATH
11'-11"x10'-10"
BEDRM. 2
15'-11"x 11'-8"
PRIM. BEDRM.

WORK/
STUDY
LAU.

BATH 2
HALL
W.I.C.
15'-0" L.F.

PRIM. BATH
11'-11"x10'-10"
BEDRM. 2
15'-11"x 11'-8"
PRIM. BEDRM.

WORK/
STUDY
11'-5" x 10'-2"
BEDRM. 2
BATH 2
PRIM.

BATH
HALL
12'-4" x 14'-4" PRIM. BEDRM.

LAU.
10'-10" L.F.

W.I.C.

WORK/
STUDY
11'-5" x 10'-2"
BEDRM. 2
BATH 2
PRIM.

BATH
HALL
12'-4" x 14'-4" PRIM. BEDRM.

LAU.
10'-10" L.F.

W.I.C.

WORK/
STUDY
11'-5" x 10'-2"
BEDRM. 2
BATH 2
PRIM.

BATH
HALL
12'-4" x 14'-4" PRIM. BEDRM.

LAU.
10'-10" L.F.

W.I.C.

WORK/
STUDY
JOB #: 23022
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
0 2 4 8
01/22/2025 TOWNHOMES A-10
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 151 4/15/2025
UNIT 1638X.2R UNIT 1633.2R UNIT 1633.1 UNIT 1638.2 UNIT 1633.1 UNIT 1638X.2 JOB #: 23022
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
0 2 4 8
01/22/2025 TOWNHOMES A-11
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 152 4/15/2025
01/22/2025 TOWNHOMES A-12
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 153 4/15/2025
01/22/2025 TOWNHOMES A-13
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 154 4/15/2025
01/22/2025 TOWNHOMES A-14
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 155 4/15/2025
UNIT 2532.1R UNIT 1633.1 UNIT 1638.2 UNIT 1633.1 UNIT 1638X.2 UNIT 2532X.1R
ENTRY
PORCH
COATS
PORCH
ENTRY
20'-0"x20'-0" CLEAR
10'-0"x40'-0" CLEAR
BATH 4
20'-2" x 20'-2"
GARAGE
11'-5" x 40'-4"
GARAGE
8'-8" x 3'-0"

STORAGE
4'-6" x 10'-4"

STORAGE
5'-2" x 11'-2" STORAGE
ENTRY
PORCH
COATS
PORCH
ENTRY
20'-0"x20'-0" CLEAR
10'-0"x40'-0" CLEAR
BATH 4
20'-2" x 20'-2"
GARAGE
8'-8" x 3'-0"

STORAGE
4'-6" x 10'-4"

STORAGE
10'-1" x 11'-2" BEDRM. 4 9'-11" x 11'-2" BEDRM. 4
20'-0"x20'-0" CLEAR
20'-8" x 20'-2"
GARAGE

PORCH ENTRY
3'-8" x11'-10"

STORAGE
20'-0"x20'-0" CLEAR
20'-2" x 20'-5"
GARAGE
ENTRY
11'-10"x 4'-4" PORCH STORAGE
11'-5" x 40'-4"
GARAGE
91'-4"
53'-6"
JOB #: 23022
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
0 2 4 8
1,496 S.F.
3 BDRM., 3 BATH
1,496 S.F.
3 BDRM., 3 BATH
1,781 S.F.
4 BDRM., 4 BATH
1,781 S.F.
4 BDRM., 4 BATH
1,215 S.F.
2 BDRM., 2.5 BATH
1,215 S.F.
2 BDRM., 2.5 BATH
01/22/2025 TOWNHOMES A-15
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 156 4/15/2025
UNIT 2532.1R UNIT 1633.1 UNIT 1638.2 UNIT 1633.1 UNIT 1638X.2 UNIT 2532X.1R
15'-11"x10'-10"
GREAT RM.
15'-11"x 6'-3"
DECK
12'-4" x 7'-2" DINING

KITCHEN
BATH 3
10'-2" x 10'-2"
OFFICE
15'-11"x10'-10"
GREAT RM.
15'-11"x 6'-3"
DECK
12'-4" x 7'-2" DINING

KITCHEN
BATH 3
10'-2" x 10'-2"
OFFICE
12'-5" x 7'-6" DINING
15'-11"x 6'-0"
DECK

KITCHEN
BATH 3
15'-11"x 9'-11" GREAT RM.
96 SQ. FT.

WORK/
STUDY
12'-5" x 7'-6" DINING
15'-11"x 6'-0"
DECK

KITCHEN
BATH 3
15'-11"x 9'-11" GREAT RM.
96 SQ. FT.

WORK/
STUDY
11'-10"x 6'-2" DECK
PWDR.

KITCHEN
12'-4" x 9'-6" DINING
12'-8" x 13'-8"
GREAT RM.

COATS
73 SQ. FT.
6'-2" x11'-10"
DECK
PWDR.

KITCHEN
9'-5" x 12'-4" DINING
12'-0" x 12'-8"
GREAT RM.

COATS
73 SQ. FT.
11'-5" x 10'-3"
BEDRM. 3
10'-0" x 10'-0"
BEDRM. 3
11'-5" x 10'-3"
BEDRM. 3
9'-10" x 10'-0"
BEDRM. 3
97 SQ. FT. 97 SQ. FT.

JOB #: 23022
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
0 2 4 8
01/22/2025 TOWNHOMES A-16
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 157 4/15/2025
UNIT 2532.1R UNIT 1633.1 UNIT 1638.2 UNIT 1633.1 UNIT 1638X.2 UNIT 2532X.1R
LAU.

BATH 2
HALL
W.I.C.
15'-0" L.F.

PRIM. BATH
12'-0" x10'-10"
BEDRM. 2
15'-11"x 11'-8"
PRIM. BEDRM.

WORK/
STUDY
LAU.

BATH 2
HALL
W.I.C.
15'-0" L.F.

PRIM. BATH
11'-11"x10'-10"
BEDRM. 2
15'-11"x 11'-8"
PRIM. BEDRM.

WORK/
STUDY
11'-5" x 10'-2"
BEDRM. 2
BATH 2
PRIM.

BATH
HALL
12'-4" x 14'-4" PRIM. BEDRM.

LAU.
10'-10" L.F.

W.I.C.

WORK/
STUDY
11'-5" x 10'-2"
BEDRM. 2
BATH 2
PRIM.

BATH
HALL
12'-4" x 14'-4" PRIM. BEDRM.

LAU.
10'-10" L.F.

W.I.C.

WORK/
STUDY
11'-9" x 12'-2" PRIM. BEDRM.
10'-0" x 10'-3"
BEDRM. 2
HALL
BATH 2
PRIM.

BATH
W.I.C.
12'-0" L.F.

LINEN
6'-2" x11'-10"
DECK
12'-2" x 11'-9" PRIM. BEDRM.
10'-3" x 10'-0"
BEDRM. 2
BATH 2 HALL
PRIM.

BATH
W.I.C.
12'-0" L.F.

LINEN
JOB #: 23022
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
0 2 4 8
01/22/2025 TOWNHOMES A-17
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 158 4/15/2025
UNIT 2532.1R UNIT 1633.1 UNIT 1638.2 UNIT 1633.1 UNIT 1638X.2 UNIT 2532X.1R
JOB #: 23022
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
0 2 4 8
01/22/2025 TOWNHOMES A-18
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 159 4/15/2025
01/22/2025 TOWNHOMES A-19
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 160 4/15/2025
01/22/2025 TOWNHOMES A-20
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 161 4/15/2025
01/22/2025 TOWNHOMES A-21
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 162 4/15/2025
UNIT 1638X.2R UNIT 1633.2R UNIT 1633.1 UNIT 1638.2 UNIT 1633.1 UNIT 1638.2 UNIT 1633.1 UNIT 1638X.2 PORCH
ENTRY
PORCH
COATS
PORCH
ENTRY
20'-0"x20'-0" CLEAR
10'-0"x40'-0" CLEAR
BATH 4
20'-2" x 20'-2"
GARAGE
11'-5" x 40'-4"
GARAGE
8'-8" x 3'-0"

STORAGE
4'-6" x 10'-4"

STORAGE
5'-2" x 11'-2" STORAGE
ENTRY
PORCH
COATS
PORCH
ENTRY
20'-0"x20'-0" CLEAR
10'-0"x40'-0" CLEAR
BATH 4
20'-2" x 20'-2"
GARAGE
11'-5" x 40'-4"
GARAGE
8'-8" x 3'-0"

STORAGE
4'-6" x 10'-4"

STORAGE
5'-2" x 11'-2" STORAGE
ENTRY
PORCH
COATS
10'-0"x40'-0" CLEAR
11'-5" x 40'-4"
GARAGE
4'-6" x 10'-4"

STORAGE
5'-2" x 11'-2" STORAGE
PORCH
ENTRY
20'-0"x20'-0" CLEAR
BATH 4
20'-2" x 20'-2"
GARAGE
8'-8" x 3'-0"

STORAGE
9'-11" x 11'-2" BEDRM. 4
ENTRY
PORCH
COATS
PORCH
ENTRY
20'-0"x20'-0" CLEAR
10'-0"x40'-0" CLEAR
BATH 4
20'-2" x 20'-2"
GARAGE
8'-8" x 3'-0"

STORAGE
4'-6" x 10'-4"

STORAGE
10'-1" x 11'-2" BEDRM. 410'-1" x 11'-2" BEDRM. 4 9'-11" x 11'-2" BEDRM. 4 11'-5" x 40'-4"
GARAGE
133'-2"
54'-6"
JOB #: 23022
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
1,496 S.F.
3 BDRM., 3 BATH
0 2 4 8
1,496 S.F.
3 BDRM., 3 BATH
1,496 S.F.
3 BDRM., 3 BATH
1,496 S.F.
3 BDRM., 3 BATH
1,781 S.F.
4 BDRM., 4 BATH
1,781 S.F.
4 BDRM., 4 BATH
1,781 S.F.
4 BDRM., 4 BATH
1,781 S.F.
4 BDRM., 4 BATH
01/22/2025 TOWNHOMES A-22
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 163 4/15/2025
UNIT 1638X.2R UNIT 1633.2R UNIT 1633.1 UNIT 1638.2 UNIT 1633.1 UNIT 1638.2 UNIT 1633.1 UNIT 1638X.2 15'-11"x10'-10"
GREAT RM.
15'-11"x 6'-3"
DECK
12'-4" x 7'-2" DINING

KITCHEN
BATH 3
9'-10" x 10'-0"
BEDRM. 3
10'-2" x 10'-2"
OFFICE
15'-11"x10'-10"
GREAT RM.
15'-11"x 6'-3"
DECK
12'-4" x 7'-2" DINING

KITCHEN
BATH 3
10'-0" x 10'-0"
BEDRM. 3
10'-2" x 10'-2"
OFFICE
15'-11"x10'-10"
GREAT RM.
15'-11"x 6'-3"
DECK
12'-4" x 7'-2" DINING

KITCHEN
BATH 3
10'-0" x 10'-0"
BEDRM. 3
10'-2" x 10'-2"
OFFICE
15'-11"x10'-10"
GREAT RM.
15'-11"x 6'-3"
DECK
12'-4" x 7'-2" DINING

KITCHEN
BATH 3
10'-0" x 9'-10"
BEDRM. 3
10'-2" x 10'-2"
OFFICE
9'-10" x 10'-0"
BEDRM. 3
12'-5" x 7'-6" DINING
15'-11"x 6'-0"
DECK

KITCHEN
11'-5" x 10'-3"
BEDRM. 3
BATH 3
15'-11"x 9'-11" GREAT RM.
112 SQ. FT.

WORK/
STUDY
12'-5" x 7'-6" DINING
15'-11"x 6'-0"
DECK

KITCHEN
11'-5" x 10'-3"
BEDRM. 3
BATH 3
15'-11"x 9'-11" GREAT RM.
112 SQ. FT.

WORK/
STUDY
12'-5" x 7'-6" DINING
15'-11"x 6'-0"
DECK

KITCHEN
11'-5" x 10'-3"
BEDRM. 3
BATH 3
15'-11"x 9'-11" GREAT RM.
112 SQ. FT.

WORK/
STUDY
12'-5" x 7'-6" DINING
15'-11"x 6'-0"
DECK

KITCHEN
BATH 3
15'-11"x 9'-11" GREAT RM.
112 SQ. FT.

WORK/
STUDY
11'-5" x 10'-3"
BEDRM. 3
97 SQ. FT. 97 SQ. FT. 97 SQ. FT. 97 SQ. FT.

JOB #: 23022
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
0 2 4 8
01/22/2025 TOWNHOMES A-23
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 164 4/15/2025
UNIT 1638X.2R UNIT 1633.2R UNIT 1633.1 UNIT 1638.2 UNIT 1633.1 UNIT 1638.2 UNIT 1633.1 UNIT 1638X.2 LAU.

BATH 2
HALL
W.I.C.
15'-0" L.F.

PRIM. BATH
11'-11"x10'-10"
BEDRM. 2
15'-11"x 11'-8"
PRIM. BEDRM.

WORK/
STUDY
LAU.

BATH 2
HALL
W.I.C.
15'-0" L.F.

PRIM. BATH
12'-0" x10'-10"
BEDRM. 2
15'-11"x 11'-8"
PRIM. BEDRM.

WORK/
STUDY
LAU.

BATH 2
HALL
W.I.C.
15'-0" L.F.

PRIM. BATH
12'-0" x10'-10"
BEDRM. 2
15'-11"x 11'-8"
PRIM. BEDRM.

WORK/
STUDY
LAU.

BATH 2
HALL
W.I.C.
15'-0" L.F.

PRIM. BATH
12'-0" x10'-10"
BEDRM. 2
11'-8" x 15'-11" PRIM. BEDRM.

WORK/
STUDY
11'-5" x 10'-2"
BEDRM. 2
BATH 2
PRIM.

BATH
HALL
12'-4" x 14'-4" PRIM. BEDRM.

LAU.
10'-10" L.F.

W.I.C.

WORK/
STUDY
11'-5" x 10'-2"
BEDRM. 2
BATH 2
PRIM.

BATH
HALL
12'-4" x 14'-4" PRIM. BEDRM.

LAU.
10'-10" L.F.

W.I.C.

WORK/
STUDY
11'-5" x 10'-2"
BEDRM. 2
BATH 2
PRIM.

BATH
HALL
12'-4" x 14'-4" PRIM. BEDRM.

LAU.
10'-10" L.F.

W.I.C.

WORK/
STUDY
11'-5" x 10'-2"
BEDRM. 2
BATH 2
PRIM.

BATH
HALL
12'-4" x 14'-4" PRIM. BEDRM.

LAU.
10'-10" L.F.

W.I.C.

WORK/
STUDY
JOB #: 23022
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
0 2 4 8
01/22/2025 TOWNHOMES A-24
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 165 4/15/2025
UNIT 1638X.2R UNIT 1633.2R UNIT 1633.1 UNIT 1638.2 UNIT 1633.1 UNIT 1638.2 UNIT 1633.1 UNIT 1638X.2 JOB #: 23022
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
0 2 4 8
01/22/2025 TOWNHOMES A-25
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 166 4/15/2025
01/22/2025 TOWNHOMES A-26
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 167 4/15/2025
01/22/2025 TOWNHOMES A-27
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 168 4/15/2025
01/22/2025 TOWNHOMES A-28
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 169 4/15/2025
01/22/2025
A-29
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 170 4/15/2025
01/22/2025
A-30
#23022

SANTA ANA - CALIFORNIA
City Council 24 – 171 4/15/2025
01/22/2025 TOWNHOMES A-31
#23022

SANTA ANA - CALIFORNIA
PROJECT 23022
CREATED 6/7/24
CONTEMPORARY SCHEME 1 SCHEME 2
MAIN STUCCO BODY 10 1575
STUCCO PAINT MATCH*** SW7757 HI REFLECTIVE WT SW6063 NICE WHITE STUCCO: OMEGA

SECONDARY STUCCO
SW6254

LAZY GRAY
SW6004
MINK PAINT:

SHERWIN

WILLIAMS

LAP SIDING /

CORNER BOARDS/

SIDING TRIM
SW6236

GRAY'S HARBOR
SW7630
RAISIN

CONCRETE
ROOF:

EAGLE

FASCIA / TRIM /

GARAGE DOORS
SW7674

PEPPERCORN
SW6013
BITTER CHOCOLATE GUTTERS: RGS

FRONT DOORS
SW2839

ROYCFRT CPR RED
SW7069

IRON ORE

RAILINGS
SW7674

PEPPERCORN
SW7630
RAISIN
CONCRETE ROOF:
4669

GRAYS PEAK RANGE
4595

DARK CHARCOAL
BRICK : CHALKDUST LATIGO

GROUT MAC MISTY COVE MAC MISTY COVE
ALL FLASHING, GUTTERS, DOWNSPOUTS ETC. TO BE PAINTED TO MATCH ADJACENT SURFACE. *** For photoshop renderings only, do NOT use in the field 2020 E. FIRST STREET TOWNHOMES

SANTA ANA, CA
2020 E. FIRST STREET
SANTA ANA, CA JUNE 7, 2024
#23022 TOWNHOMES

CONTEMPORARY
SCHEME #1

MAIN STUCCO BODYCONCRETE ROOF

SECONDARY
STUCCO

LAP SIDING /

CORNER BOARDS /

SIDING TRIM

FASCIA / TRIM /

GARAGE DOOR

FRONT DOOR

RAILINGS
BRICK

WRITTEN COLOR SCHEMES DIGITAL COLOR BOARDS
2020 E. FIRST STREET
SANTA ANA, CA JUNE 7, 2024
#23022 TOWNHOMES

CONTEMPORARY
SCHEME #2

MAIN STUCCO BODYCONCRETE ROOF

SECONDARY
STUCCO

FASCIA / TRIM /

GARAGE DOOR

FRONT DOOR

RAILINGS
BRICK

LAP SIDING /

CORNER BOARDS /

SIDING TRIM
City Council 24 – 172 4/15/2025

EXISTING APARTMENT BUILDING

E FIRST STREET
LEGEND
BLDG 1
BLDG 2 BLDG 3
BLDG 4
BLDG 5 BLDG 6
BLDG 7
BLDG 8
BLDG 9
BLDG 10
BLDG 11
BLDG 12
BLDG 13
BLDG 14
BLDG 15

PR IV AT E DR IV E

PR IV AT E DR IV E

PR IV AT E DR IV E
Parking Lot Light
Tree/Signage Up Light
Down Light
Low Directional Bollard
Philips (Or Equal)
FX Luminaire (Or Equal)
Bega (Or Equal)
Tree Up Light
Parking Lot Light
Down Light
Low Directional Bollard
UD SS
finish only
Bega (Or Equal)
NOTE:

Lighting fixture locations are conceptual. Final locations are subject to the final site configuration and utility layouts.

01.20.25 SANTA ANA, CA
L-6
2020 FIRST STREET -
Collaborative

CONCEPTUAL LIGHTING PLAN
0 15’ 30’ 60’
City Council
Scale: 1”= 30’-0” 24 – 173 4/15/2025

EXISTING APARTMENT BUILDING
LEGEND
Project Entry with Accent Paving
Public Side Walk
Front Public Plaza with Enhanced Paving
(Refer to L-2 for Details)
Concrete Sidewalk
Crosswalk Striping
Perimeter Wall
Open Space (Refer to L-3 for Details)
• Lawn Area
• Social Seating
• Shade Structure
• BBQ Grill
• Picnic Table and Chairs
• Corn-hole
• Bench
Transformer
AC Unit
Mailbox
Dog Waste Station
Specimen Tree
Paseo Tree
Shade Tree
Small Vertical Tree
Vine/Espalier
Screening Hedge
Existing Egress
Bus Stop
Existing Utilities
Existing Planting Area
Property Line
Open Space Enclosure Fence and Gate
Backflow Devices per Civil Engineer
1 16 4 6 15
17 9
17 15 4 8
13 11 23
21 18 14 21
18 22 22
8 9
23 17
19 20
14 5
10 8
13 4
4 15
14 2
17 24
1 12
16 6 4
23 2
3 3
3 4
5 6
7 7
8 11
9 12
16 13
17 ADA Path of Travel
14 18
19 20
21 22
23 24
15 10

E FIRST STREET
BLDG 1
BLDG 2 BLDG 3
BLDG 4
BLDG 5 BLDG 6
BLDG 7
BLDG 8
BLDG 9
BLDG 10
BLDG 11
BLDG 12
BLDG 13
BLDG 14
BLDG 15

PRIVATE DRIVE

PRIVATE DRIVE

PRIVATE DRIVE

01.20.25 SANTA ANA, CA
L-1
2020 FIRST STREET -
Collaborative
0 15’ 30’ 60’
City Council
CONCEPTUAL SITE PLAN Scale: 1”= 30’-0”
24 – 174 4/15/2025
LEGEND
Project Entry with Accent Vehicular Paving
Public Sidewalk
Enhanced Paving
Concrete Paving
Low Wall Bench Under Specimen Tree
Project Signage Wall (Refer to L-4)
Social Seating Area with Surface-mounted Table and Chairs Bench
Specimen Tree
Bus Stop
Screening Hedge
Existing Utilities
Existing Street Tree
Backflow Devices per Civil Engineer
Hedge to Screen Backflow Devices
1 2
3 4
5 6
7 8
11 9
12 13
14 15
10 1
2 2
3 3
10 13
13 E FIRST STREET
BLDG 13
BLDG 10
BLDG 14
BLDG 11
BLDG 15
BLDG 12

EXISTING

APARTMENT

BUILDING
KEYMAP
6 5 7 9 15 14
11 12
12 9 5
8 8
4 PRIVATE DRIVE

PRIVATE DRIVE

01.20.25 SANTA ANA, CA
L-2
2020 FIRST STREET -
Collaborative

CONCEPTUAL FRONT PUBLIC PLAZA ENLARGEMENT
0 5’ 10’ 20’
City Council
Scale: 1”= 10’-0”
24 – 175 4/15/2025
LEGEND
Lawn Area
Social Seating Area with DG Paving
Shade Structure with Enhanced Paving
BBQ Grill
Picnic Table and Chairs
Corn-hole
Bench Seating with DG Paving
Open Space Shade Tree
Small Flowering Tree
Open Space Enclosure Fence and Gate
1 2
4 6
3 5
7 8
9 10
BLDG 6
BLDG 7
BLDG 8
BLDG 9

PRIVATE DRIVE

PRIVATE DRIVE
KEYMAP
10 8
6 1
5 3
10 4
9 2
9 1
8 1 7

01.20.25 SANTA ANA, CA
L-3
2020 FIRST STREET -
Collaborative
0 5’ 10’ 20’
City Council
CONCEPTUAL OPEN SPACE ENLARGEMENT Scale: 1”= 10’-0”
24 – 176 4/15/2025

EXISTING APARTMENT BUILDING

E FIRST STREET
LEGEND
Perimeter Wall - 8’ht.

Signage Wall - 5’ht.

Tubular Steel Perimeter Fence - 5’ht.

Open Space Enclosure Fence
Open Space Enclosure Gate
Maintenance Gate
Existing Fence and Gate
Existing Fence and Planting to Remain
8’-0”
2’-0”
Paint Color: SW7048 Urbane Bronze or Equal
Paint Color: SW7048 Urbane Bronze or Equal Paint Color: SW7048 Urbane Bronze or Equal BLDG 1
BLDG 2 BLDG 3
BLDG 4
BLDG 5 BLDG 6
BLDG 7
BLDG 8
BLDG 9
BLDG 10
BLDG 11
BLDG 12
BLDG 13
BLDG 14
BLDG 15

PRIVATE DRIVE

PRIVATE DRIVE

PRIVATE DRIVE
5’-0”5’-0”
8’-0”

01.20.25 SANTA ANA, CA
L-4
2020 FIRST STREET -
Collaborative

CONCEPTUAL WALL AND FENCE PLAN AND DETAILS
0 15’ 30’ 60’
Scale: 1”= 30’-0”
Slump Block - Gray (or Equal)
Slump Block - Gray (or Equal)
Paint Color to Match Adjacent Wall
Tubular Steel Frame with Wood Board (Or Equal)

PERIMETER WALL

SIGNAGE WALL MAINTENANCE GATE

TUBULAR STEEL PERIMTER FENCE

OPEN SPACE ENCLOSURE FENCE OPEN SPACE ENCLOSURE GATE
City Council 24 – 177 4/15/2025

01.20.25 SANTA ANA, CA
L-5
2020 FIRST STREET -
Collaborative

CONCEPTUAL SITE AMENITIES
Zerowasteusa (Or Equal)
Maglin - Iconic Tables (Or Equal) Maglin - Iconic Backed/Backless Benches (Or Equal) Texacraft (Or Equal) MailboxUSA Maglin - 250 Trash Container (Or Equal)
Picnic Table and Benches Mailbox
Corn-hole BBQ Grill Planter Pot
Bench Social Seating
Trash Receptacle Pet Waste Station

BBQGUYS
Electri-Chef Rubby Built-In (Or Equal)
QCP (Or Equal) QCP (Or Equal)
City Council 24 – 178 4/15/2025

EXISTING APARTMENT BUILDING

E FIRST STREET
LEGEND
BLDG 1
BLDG 2 BLDG 3
BLDG 4
BLDG 5 BLDG 6
BLDG 7
BLDG 8
BLDG 9
BLDG 10
BLDG 11
BLDG 12
BLDG 13
BLDG 14
BLDG 15

PRIVATE DRIVE

PRIVATE DRIVE

PRIVATE DRIVE
Parking Lot Light
Tree/Signage Up Light
Down Light
Low Directional Bollard
Philips (Or Equal)
FX Luminaire (Or Equal)
Bega (Or Equal)
Tree Up Light
Parking Lot Light
Down Light
Low Directional Bollard

PROJECT
CATALOG #
TYPE
NOTES

LANDSCAPE LIGHTING
LED Down Lights
Quick Facts
■ Down or up/down
configurations
■ Powder-coated
aluminum, natural
stainless steel, or natural
copper finishes
■ Cree® integrated LEDs
■ Compatible with Luxor®
technology
■ Phase and PWM
dimmable
■ Input voltage: 10–15 V
The ZW is a compact, fixed position, direct or
indirect down light for grazing walls and other
accent illumination needs.

ZW Down Light DESIGNER PLUS

4.7" (120 mm)

3.0" (77 mm) 3.9" (100 mm)
DN Powder-coat and CU finishes

4.7" (120 mm)

7.4" (189 mm)

3.0" (77 mm)

3.3" (84 mm)

2.3" (59 mm)
UD Powder-coat and CU finishes UD SS finish only

2.7" (68 mm)

INPUT VOLTAGE
Code Description
PWM Dimmable Driver,
12-15 V, 60 Hz or 12-24 V DC 23(1)
(1) For appropriate transformer.

Wallmount Cassia
mpact, xed position, direct/indirect accent used for
constructed is luminaire The . tasksillumination ccent
owder coated aluminum, providing a variety of aesthetic is ideal for use in modern architectural designs, and
and dimming advanced for technology driver d5 scape
2 x 6 W LED
White (4 300 K typical)
Warm white (3 000 K typical)
Blue (470 nm)
Suitable for wet locations
0-10 V
On-site or factory-programmable brightness
IP65
Powder coated aluminum
Black
Silver
Polished copper
Wall mount
/
J-box power supply LSLED-15V20W277
for non-dimming applications
-4 °F to 104 (-20 °C to 40 °C)
www.lumascape.com Refer to
e hot - take care with appropriate use and placement
Cassia LS121LED
Code r
e
0 K typical) 4 12W
m white
0 K typical) H6 12
B4 12
(470 nm)

OPTICAL SYSTEM
Code Beam
NR Narrow 14˚
NM Narrow Medium 25˚
ME Medium 30˚
WD Wide 40˚
FINISH
Description Material Code
CB Black, powder coatedAluminum
CS Silver, powder coatedAluminum
CU Copper Polished
23 IP65
Wiring Diagram Reference
Input Voltage LED Color Control Type Wiring Diagram
23 Single Color Non Dim 2
23 Single Color 0-10 V 3,4
52° CUTOFF
it #19
62 US & Canada
18 Jan 2017

4.7" (120 mm) 10.3" (263 mm)

INPUT VOLTAGE
Code Description
PWM Dimmable Driver,
12-15 V, 60 Hz or 12-24 V DC 23(1)
(1) For appropriate transformer.

Wallmount Cassia
compact, xed position, direct/indirect accent used for constructed is luminaire The . tasksillumination accent r r powder coated aluminum, providing a variety of aesthetic aire is ideal for use in modern architectural designs, and and dimming advanced for technology driver d5 umascape
2 x 6 W LED
White (4 300 K typical)
Warm white (3 000 K typical)
Blue (470 nm)
Suitable for wet locations
0-10 V
On-site or factory-programmable brightness
IP65
Powder coated aluminum
Black
Silver
Polished copper
Wall mount
ers /
J-box power supply LSLED-15V20W277
for non-dimming applications
g -4 °F to 104 (-20 °C to 40 °C)
www.lumascape.com Refer to
ome hot - take care with appropriate use and placement
Cassia LS121LED
Code olor
White
4 300 K typical) 4 12W
Warm white
3 000 K typical) H6 12
B4 12
lue (470 nm)

OPTICAL SYSTEM
Code Beam
NR Narrow 14˚
NM Narrow Medium 25˚
ME Medium 30˚
WD Wide 40˚
FINISH
Description Material Code
CB Black, powder coatedAluminum
CS Silver, powder coatedAluminum
CU Copper Polished
23 IP65
Wiring Diagram Reference
Input Voltage LED Color Control Type Wiring Diagram
23 Single Color Non Dim 2
23 Single Color 0-10 V 3,4
52° CUTOFF
, Unit #19
0 5-5862 US & Canada
m
18 Jan 2017
m

2.1" (54 mm)

3.3" (84 mm)

4.7" (120 mm)

6.0" (151 mm)

2.7" (68 mm) 2.1" (54 mm)

3.3" (84 mm)

3.3" (84 mm)

2.3" (59 mm)
DN SS finish only
UD Powder-coat
and CU finishes
UD SS
finish only
DN Powder-coat
and CU finishes
DN SS
finish only
Bega (Or Equal)
NOTE:

Lighting fixture locations are conceptual. Final locations are subject to the final site configuration and utility layouts.

01.20.25 SANTA ANA, CA
L-6
2020 FIRST STREET -
Collaborative

CONCEPTUAL LIGHTING PLAN
0 15’ 30’ 60’
City Council
Scale: 1”= 30’-0”
24 – 179 4/15/2025

BOTANICAL NAME COMMON NAME SIZE SPACING WUCOLS
SHRUB SCHEDULE:

Agapanthus ‘Peter Pan’
Agave spp.

Aloe spp.

Bougainvillea ‘La Jolla’
Buxus microphylla japonica
Eriogonum umbellatum
Euonymus japonicus ‘Aureo-Marginata’
Hesperaloe parviflora
Lavandula dentata ‘Candicans’
Ligustrum japonicum ‘Texanum’
Rhaphiolepis i. ‘Majestic Beauty’
Rhaphiolepis indica ‘Pink Lady’
Rosa spp.

Yucca spp.

Dwarf Lily of the Nile
Agave
Aloe
La Jolla Bougainvillea
Japanese Boxwood
Sulfur Flower
Gold Spot Euonymus
Red Yucca
Candicans French Lavender
Wax Leaf Privet
Majestic Beauty Hawthorn
Rhaphiolepis Pink Lady
Shrub Rose
Yucca
5 gal
5 gal
5 gal
5 gal
5 gal
5 gal
15 gal
5 gal
5 gal
15 gal
5 gal
5 gal
5 gal
5 gal
30” o.c.
30” o.c.
30” o.c.
36” o.c.
30” o.c.
30” o.c.
24” o.c.
24” o.c.
30” o.c.
36” o.c.
36” o.c.
36” o.c.
30” o.c.
36” o.c.

M
L
L
L
M
L
M
VL
L
M
L
L
M
L

BOTANICAL NAME COMMON NAME SIZE FORM WUCOLS
TREE SCHEDULE:

Street Trees
Platanus racemosa
Quercus virginiana
Specimen Trees
Bauhinia variegata
Liriodendron tulipifera
Canopy Trees
Laurus nobilis
Rhus lancea
Magnolia grandiflora
Vertical Accent Trees
Podocarpus gracilior
Tristania conferta
Flower Accent Trees
Lagerstroemia spp. hybrid
Liriodendron tulipifera
California Sycamore
Souther Live Oak
Purple Orchid Tree
Tulip Tree
Sweet Bay
African Sumac
Southern Magnolia
Fern Pine
Brisbane Box
Crape Myrtle
Tulip Tree
24” min
24” min
36”min
36”min
24” min
36” min
24” min
24” min
24” min
24” min
24” min
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Multi
Standard
L
M
M
M
L
L
M
M
M
M
M

BOTANICAL NAME COMMON NAME SIZE SPACING WUCOLS
GROUNDCOVER SCHEDULE:

Carissa macrocarpa ‘Prostrata’
Pittosporum tobira ‘Wheeler’s Dwarf’
Senecio mandraliscae
Ground Cover Natal Plum
Wheeler’s Dwarf Pittosporum
Kleinia
1 gal
1 gal
1 gal
18” o.c.
24” o.c.
18” o.c.

L
M
L

BOTANICAL NAME COMMON NAME SIZE SPACING WUCOLS
VINE SCHEDULE:

Calystegia macrostegia
Clematis ligusticifolia
Lonicera subspicata
Trachelospermum jasminoides
Morning Glory
Virgin’s Bower
Southern Honeysuckle
Star Jasmine
15 gal
15 gal
15 gal
15 gal
Per Plan
Per Plan
Per Plan
per Plan
L
L
L
M

01.20.25 SANTA ANA, CA
L-8
2020 FIRST STREET -
Collaborative

CONCEPTUAL PLANTING PALETTE
City Council 24 – 180 4/15/2025
C-1
City Council 24 – 181 4/15/2025
C-2
City Council 24 – 182 4/15/2025
C-3
City Council 24 – 183 4/15/2025
C-4
City Council 24 – 184 4/15/2025
C-5
City Council 24 – 185 4/15/2025
C-6
City Council 24 – 186 4/15/2025
C-7
City Council 24 – 187 4/15/2025
City Council 24 – 188 4/15/2025
City Council 24 – 189 4/15/2025
City Council 24 – 190 4/15/2025
City Council 24 – 191 4/15/2025
City Council 24 – 192 4/15/2025
City Council 24 – 193 4/15/2025
City Council 24 – 194 4/15/2025
City Council 24 – 195 4/15/2025
City Council 24 – 196 4/15/2025
City Council 24 – 197 4/15/2025
City Council 24 – 198 4/15/2025
City Council 24 – 199 4/15/2025
City Council 24 – 200 4/15/2025
City Council 24 – 201 4/15/2025
City Council 24 – 202 4/15/2025
City Council 24 – 203 4/15/2025
City Council 24 – 204 4/15/2025
City Council 24 – 205 4/15/2025
City Council 24 – 206 4/15/2025
City Council 24 – 207 4/15/2025
City Council 24 – 208 4/15/2025
City Council 24 – 209 4/15/2025
City Council 24 – 210 4/15/2025
City Council 24 – 211 4/15/2025
City Council 24 – 212 4/15/2025
DRAFT

EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY
APN: 402-191-03
The Land referred to herein below is situated in the City of Santa Ana, County of Orange, State of California, and is described as follows:

THAT PORTION OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 618 AND 619 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT "D"; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT "D", 225.75 FEET TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN A DEED TO MARY A. VANDERMEULEN, RECORDED SEPTEMBER 2, 1897, IN BOOK 33, PAGE 68 OF DEEDS, RECORDS OF ORANGE COUNTY; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LAND OF VANDERMEULEN, 733.36 FEET TO THE NORTHERLY LINE OF THE LAND DESCRIBED IN A DEED TO CHARLES L. FOSTER, RECORDED NOVEMBER 3, 1892 IN BOOK 55, PAGE 126 OF DEEDS, RECORDS OF ORANGE COUNTY; THENCE WESTERLY ALONG SAID NORTHERLY LINE OF THE LAND OF FOSTER, 225.75 FEET TO THE WESTERLY LINE OF SAID LOT "D"; THENCE NORTHERLY ALONG SAID WESTERLY LINE OF LOT "D", 733.36 FEET TO THE POINT OF BEGINNING.

EXCEPT THE NORTH 19.00 FEET OF THAT PORTION OF THE LAND DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA, RECORDED DECEMBER 22, 1965, IN BOOK 7781, PAGE 486, OFFICIAL RECORDS OF SAID COUNTY. A PORTION OF SAID LAND IS INCLUDED WITH THE AREA SHOWN ON A MAP FILED IN BOOK 74, PAGE 3 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.