Resolution No. 2025-XXX
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING DENSITY BONUS AGREEMENT
NO. 2024-02 FOR A FORTY -FIVE UNIT SI NGLE-FAMILY
ATTACHED TOWNHOME DE VELOPMENT LOCATED AT
510 AND 520 NORTH HA RBOR BOULEVARD (APN: 100-
631-05 & 100-631-04)
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. Kim Prijatel, representing City Ventures Homebuilding, L LC (“Applicant”), on behalf of Clark Beyer, General Manager of the Alminlo Properties, LLC (“Property Owner”), is requesting approval of Density Bonus Agreement No. 2024-02 (DBA-2024-02) to allow the construction of a forty-five unit attached townhome development, five of which are proposed as onsite moderate - income affordable units , for the property located at 510 and 520 North Harbor Boulevard (“Project”).
B. The California Density Bonus law generally 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 December 9, 2024, 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) concession and five (5) waivers of development standards, to be memo rialized in Density Bonus Agreement No. 2024-02 as well as the Vesting Tentative Tract Map No. 2024-02 (County Map No. 19328).
E. SAMC Section 41 -1602(d) requires that Density Bonus Housing Agreements be submitted to the City Council for their approval pursuant to Section 421 of the City’s Charter.
Resolution No. 2025-XXX
F. On May 6, 2025, the City Council of the City of Santa Ana held a duly noticed public meeting and , at that time , considered approval of Density Bonus Agreement No. 2024-02.
G. The City Council hereby approves Density Bonus Agreement No. 2024-
02. This Agreement allows for the construction of the proposed Project in accordance with the provisions of State Density Bonus Law and SAMC Section 41-1607, and in accordance with Vesting Tentative Tract Map No. 2024-02 (County Map No. 19328), as conditioned.
Section 2. Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared and certified in 2014 in order to address the potential environmental imp acts associated with the Harbor Mixed Use Corridor Specific Plan. A mitigation monitoring and reporting program (MMRP), findings of fact, and a statement of overriding consideration were adopted with the 2014 EIR.
As proposed, the development is not antic ipated to have additional environmental impacts not addressed in the 2014 EIR. Furthermore, in accordance with CEQA, the recommended action is also exempt from further review under Section 15195 (Residential Infill Exemption), as this Project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). This exemption applies to projects or sites that:
Meet the threshold criteria set forth in section 15192; provided that with respect to the requirement in section15192( b) regarding community -level environmental review, such review must be certified or adopted within five years of the date that the lead agency deems the application for the project to be complete pursuant to Section 65943 of the Government Code.
1. Meet both of the following size criteria:
A. The site of the project is not more than four acres in total area.
B. The project does not include any single level building that exceeds 100,000 square feet.
2. Meet both of the following requirements regarding location:
A. The project is a residential project on an infill site.
B. The project is within one-half mile of a major transit stop.
3. Meet both of the following requirements regarding number of units:
A. The project does not contain more than 100 residential units.
B. The project promo tes higher density infill housing. The lead agency may establish its own criteria for determining whether the project promotes higher density infill housing except in either of the following two circumstances:
1) A project with a density of at least 20 units per acre is conclusively presumed to promote higher density infill housing.
2) A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within Resolution No. 2025-XXX
1,500 feet shall be presumed to promote higher density infill housing unless the preponderance of the evidence demonstrates otherwise.
4. Meets the following requirements regarding availability of affordable housing: The project would result in housing units being made available to moderate, low, or very low income families as set forth in either A or B below:
A. The project meets one of the following criteria, and the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units as set forth below at monthly housing costs determined pursuant to paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code. 1) At least 10 -percent of the housing is sold to families of moderate income, or
2) Not less than 1 0-percent of the housing is rented to families of low income, or
3) Not less than 5 -percent of the housing is rented families of very low income.
B. If the project does not result in housing units being available as set forth in subdivision (A) above, then the project developer has paid or will pay in - lieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required pursuant to subparagraph (A).
The Project site is not more than four acres in area, the Project does not include any single level building exceeding 100,000 square feet, and the Project is an infill development within one -half mile of a major transit stop. Moreover, the development promotes higher density infill housing, does not contain more than 100 residential units, and results in housing units made available to low income families. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-32, will be filed for this Project. However, all applicable mitigation measures in the original EIR and associated MMRP will be enforced.
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, agenci es, 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 Su bdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or Resolution No. 2025-XXX
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 not ify 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 hereby approves Density Bonus Agreement No. 2024-02, as contained in Exhibit A , attached her eto 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 A ction dated December 9, 2024, and exhibits attached thereto; the Request for City Council Action dated May 6, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.
Section 5. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this resolution.
ADOPTED this ____ day of ___________, 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 _______________________________________
Resolution No. 2025-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, , Clerk of t he 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: ________________ ____________________________________ City Clerk
City of Santa Ana