2. VESTING TENTATIVE TRACT MAP (VTTM) NO. 2024-02 AND DENSITY BONUS AGREEMENT (DBA) NO. 2024-02 FOR THE PROPERTY LOCATED AT 510 AND 520 NORTH HARBOR BOULEVARD LOCATED WITHIN THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN (SP2) ZONING DISTRICT.
Project Applicant:
Kim Prijatel (Applicant) representing Clark Beyer of Alminlo Properties, LLC (Property Owner)
Proposed Project:
Applicant is requesting approval of Vesting Tentative Tract Map (VTTM) No. 2024-02 (County Map No. 19328) and Density Bonus Agreement (DBA) No. 2024-02 to allow the construction of a 45 unit, two to three-story residential townhouse development for the above-mentioned properties. The development will include five units affordable to moderate-income households earning 80-120 percent of the area median income (AMI) and will utilize waivers and a concession from development standards 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 15195 (Residential Infill Exemption), as this project meets all the thresholds criteria set forth in Section 15192 (Threshold Requirements for Exemptions). A Notice of Exemption, Environmental Review No. 2024-32, will be filled for this project.
Recommended Actions:
1. Adopt
a
resolution
approving
Vesting
Tentative
Tract
Map
No.
2024-02
(County Map No. 19328)
as conditioned; and
2. Adopt
a
resolution
approving
Density
Bonus
Agreement
No.
2024-02
as
conditioned.
Planning and Building Agency
Item # 2
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Planning Commission Staff Report
December 9, 2024
Topic: Vesting Tentative Tract Map No. 2024-02 and Density Bonus Agreement No. 2024-02 – Santa Ana-8 Townhomes (510 & 520 N. Harbor Boulevard)
RECOMMENDED ACTIONS
1. Adopt a resolution approving Vesting Tentative Tract Map No. 2024-02 (County Map No. 19328) as conditioned, and
2. Adopt a resolution approving a concession and waivers or reductions in development standards as memorialized in Density Bonus Agreement No. 2024-02 as conditioned.
EXECUTIVE SUMMARY
Kim Prijatel with City Ventures Homebuilding, LLC, representing property owner Clark Beyer, General Manager of the Alminlo Properties, LLC, is requesting approval of a vesting tentative tract map (VTTM) and a concession and waivers or reductions of development standards (or, “deviation” as referenced in the SAMC) as memorialized in a density bonus agreement (DBA) to allow the construction of a 45 unit, two to three-story residential townhouse development for the property at 510 and 520 North Harbor Boulevard. The development will include five units affordable to moderate-income households earning 80- 120 percent of the area median income (AMI).
As proposed, the project will utilize one concession and waivers from development standards through the density bonus agreement pursuant to California Government Code sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Section 41-1600 through 41-1607. Staff is recommending approval of the applicant’s request due to the project’s satisfying the intent of the General Plan and Harbor Mixed Use Transit Corridor Specific Plan (SP-2) to promote a pedestrian-oriented environment, and because the project will provide additional affordable and market-rate ownership housing stock to the community.
VTTM No. 2024-02 and DBA No. 2024-02 – Santa Ana-8 Townhomes (510 & 520 N.
Harbor Blvd.)
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DISCUSSION
Table 1: Project and Location Information
Item Information
Project Address and Council Ward 510 & 520 N. Harbor Boulevard – Ward 1 Nearest Intersection Harbor Boulevard and 5th Street
General Plan Designation Urban Neighborhood-50 (UN-1.5) Zoning Designation Harbor Mixed-Used Transit Corridor Specific Plan (SP-2) – Corridor (CDR) subzone
North Commercial (auto sale)
East Commercial (auto repair, grocery, retail, restaurant) South Residential, Commercial (restaurant)Surrounding Land Uses West Residential (mobile homes)
Property Size 2.5 acres (1.881 acres net after right-of-way easements) Existing Site Development Partially undeveloped with ~1,400 sq. ft. building Use Permissions Multi-Family Residential (permitted under Harbor Mixed Use Transit Corridor Plan, as part of SB330 request)
Zoning Code Sections Affected
Uses Article XVI.I (Density Bonus); Corridor District within the Harbor Mixed Use Transit Corridor Plan (SP-2);
and Chapter 34 (Subdivisions)
Background and Context
According to permit records and historical aerial photographs, the subject site was utilized for agricultural purposes until its development as a service station in 1964, after which it transitioned to automobile servicing, and later to automobile sales. While the site has been the subject of developer interest for a variety of uses, such as used car sales and parking lots, it is currently vacant.
In October 2014, the City Council adopted the Harbor Mixed Use Transit Corridor Specific Plan (SP-2), which replaced the North Harbor Specific Plan and allows for a greater amount of residential, commercial, and mixed-use projects in the Specific Plan area.
Following the concepts and goals of the Specific Plan, in March 2024, the City received a proposal to develop the site with the subject development. After several submittals of the project and working with staff to comply with the provisions of the Harbor Plan, and after engaging with surrounding property owners, the applicant revised the plans to the current proposed development.
The applicant is proposing a “housing development project,” defined by the law at 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 330, the Housing Crisis Act of 2019 or the HCA. More information on the HCA is provided in subsequent sections of this report.
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California Senate Bill 330
California Senate Bill (SB) 330 made numerous changes to existing State law and adopted the Housing Crisis Act of 2019 (HCA). 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 allowed, 50 du/ac per the Urban Neighborhood-50 (UN-50) General Plan land use designation.
Project Description
The project includes the construction of a new residential development consisting of 45 townhouse units and 11,673 square feet of open space (common and private combined).
The development will consist of nine residential buildings ranging from two- to three-story townhouse units and will provide onsite bicycle parking. The units will include private balconies and decks, with some offering ground floor patios. The units have been designed to be family-oriented, featuring thirty-six (36) three-bedroom units and nine (9) four-bedroom units with and 2.5 to 3.5 bathrooms each. Every unit will contain a two-car garage at ground level (tuck-under building design) with residential units above, and the project site VTTM No. 2024-02 and DBA No. 2024-02 – Santa Ana-8 Townhomes (510 & 520 N.
Harbor Blvd.)
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will contain nine guest parking spaces, for a total of 99 parking spaces, exceeding the requirements of the Specific Plan. However, to proactively address parking management policies, staff is recommending conditions of approval similar to those for other residential infill projects that would incorporate parking management practices in the Covenants, Conditions, and Restrictions (CC&Rs) that will be recorded against the property.
Of the total units in the development, five units are proposed to be affordable to households earning 80-120 percent of the AMI, which is currently set at $154,800, adjusted for a four- person household size, as published by California Department of Housing and Community Development (HCD). Four of the affordable units will be three-bedroom units while the last unit will be a four-bedroom unit. The proposed affordable units will range in size between 1,451 to 1,775 square feet in size and will contain full kitchens, bedrooms, bathrooms, and open/common (living) areas.
Approximately 7,820 square feet or approximately 10 percent of the total site area will be open space provided through private exterior ground-level porches/front yards and upper decks distributed throughout the site. The remainder of the open space will be provided as a 3,853 square foot common open central courtyard within the site’s interior. The design and layout of the proposed common open space would function as a passive outdoor area, providing functional amenities to residents (e.g., picnic tables, BBQ, lounge furniture, etc.). The open space would feature a shade trellis, hardscaping materials, trees, and shrubs. The proposed landscaping includes, but are not limited to, purple orchid, tulip, sweet bay, African sumac, southern magnolia, fern pine, Brisbane box, crape myrtle trees, as well as a variety of shrubs. Lastly, each unit will also contain decks/private balconies for the use of each unit’s owners.
The project features a contemporary architectural style similar to many multiple-family or mixed-use residential communities under construction in Santa Ana and the region. The overall design, massing, features, and materials of the new construction will be compatible with, but differentiated from the existing multi-family neighborhood. The contemporary architectural style would include fiber cement lap siding, stucco finish, stone veneer, metal awnings, and high quality architectural detailing (e.g., exterior lighting, entry doors, fenestration, etc.). Each building will be painted with different accent colors to distinguish each structure within the community. Moreover, the residential structures are designed to fully screen all mechanical equipment within the structure, parapet walls, and screened with landscaping. Overall, the project will include a design and solid construction materials that will ensure that the project ages well for the duration of the building’s lifetime.
As part of the current entitlement, the applicant has submitted a vesting tentative parcel map application to subdivide the project site into a condominium lot with forty-five condominium units, which would allow each unit to be sold for individual ownership. The applicant has prepared the required vesting tentative tract map, which clarifies the proposed subdivision for the proposed condominiums.
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Table 2 below details the project’s conformance to the Specific Plan’s development standards.
Table 2: Development Standards
Development Standards (SP2 – Harbor Mixed-Use Transit Corridor) Standard (Tuck –Under) Required/Allowed Provided
Density Range Typically 12-18 Units Per Acre 45 Units (18 Units Per Acre) Lot Depth 75 ft. (Minimum) 346 ft.
Lot Width 95-250 ft. 245 ft.
Height (Stories) 2-3 stories 2-3 stories
Guest Parking 11 (0.25 per unit) 9 automobiles
Common Open Space 15 percent of site (12,290 sq. ft.) 5 percent (3,853 sq. ft.) Private Open Space 90 sq. ft. per unit
(2,070 sq. ft. total) 3,396 sq. ft.
Frontage Types Front Yard/Porch Front Yard/Porch
Setbacks
Front: 8 ft. max.
Interior Side: 5-ft. min.
Rear: 5-ft. min.
Front: 5.5-12 ft.
Interior Side: 5 ft.
Rear: 5 ft.
Minimum Floor Heights 10 ft. (ground); 9 ft. (upper) 9’-1” ground; 9’-1” upper Parking Spaces
68 occupant (1.5 per unit)
11 guest (0.25 per unit)
(79 spaces total)
State Density Bonus Ratio*
54 for 3 bedroom (1.5 per 3 bed units)
23 for 4 bedroom (2.5 per 4 bed units)
(77 total inclusive of handicap/guest)
90 occupant
9 guest
(99 total)
* Pursuant to California Government Code Section 65915
Density Bonus
The California Density Bonus law allows developers proposing five or more residential units to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law allows developers to seek up to five incentives/concessions and an unlimited number of waivers or reductions in development standards. The concessions/incentives are generally reductions in site development standards or modification of zoning code requirements or architectural design requirements, and waivers are essentially variances from development standards (a site or construction condition).
The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. In early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to “justify” the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted.
VTTM No. 2024-02 and DBA No. 2024-02 – Santa Ana-8 Townhomes (510 & 520 N.
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December 9, 2024
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Pursuant to the California Density Bonus law, a project’s affordability level is determined by dividing the number of proposed affordable units by the allowable “base” density (i.e., 50 du/ac). Moreover, the State density bonus law states that units added by a density bonus are excluded from the calculations. The base density for the 2.5-acre site at 50 du/ac is 125 units. Of the total units in the development, five units are proposed to be affordable.
Therefore, the project would have a 10-percent affordability rate. As such, State density bonus law allows the developer to request a maximum density bonus of five-percent (5%).
Due to the project’s 10-percent 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. 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.
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.
Pursuant to SB 330 and the General Plan Land Use Element, the developer has selected the Harbor Mixed Use Transit Corridor Specific Plan (SP-2) development standards for a tuck-under building type to design the projects. However, pursuant to the Density Bonus Law, the developer is seeking a specific concession and waivers from certain SP-2 standards to facilitate development of the project. Table 3 outlines the concession and waivers requested by the applicant pursuant to Cal. Gov’t Code Sec. 65915 (e)(1).
Table 3: Requested Concession and Waivers
Standard Required by SP-2 or the SAMC Provided
Building Frontage SP-2, Ch. 3, Frontyard/Porch Frontage Type, 1 (pg. 3-9) Ground Floor Height Min. 10’ floor height 9’ floor height Dimensions – Depth Min. 6’ porch depth 4’ porch depth
Dimensions - Width Min. 10’ wide asymmetrical entry <10’ wide asymmetrical entry Open Space* SP-2, Ch. 3, Table 3-9. Onsite Open Space Requirements (pg. 3-13) Common– Area 15% of lot (12,290 sq. ft.) 5% of lot (3,853 sq. ft.) Private – Area 90 sq. ft. per dwelling unit
(4,050 sq. ft. total)
Min. 90 sq. ft. provided for 27 units
(7,820 sq. ft. total)
Private – Dimensions 6’ min. dimension 4’-6” to 5’-6” dimension *Open space based on net useable parcel area
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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, hang- tag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed; and
•Routine garage inspections to ensure garages are available for vehicle parking.
Project Analysis
Pursuant to Section 41-1607 of the SAMC, an application for a density bonus agreement is required to be approved by the Planning Commission for any project containing “deviations” (incentives/concessions and/or waivers). The Planning Commission’s review of the density bonus agreement is based on the following findings:
1. The proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city.
2. The development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element.
3. The deviation is necessary to make it economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to section 41- 1603.
The project does not require a Site Plan Review Application pursuant to Table 3-2 (Permitted Uses) as part of the Harbor Mixed Use Transit Corridor Plan (SP-2). Accordingly, the Planning Commission’s review and determination for this request are limited to the deviations requested in the Density Bonus Agreement application and memorialized in the Density Bonus Agreement only.
VTTM No. 2024-02 and DBA No. 2024-02 – Santa Ana-8 Townhomes (510 & 520 N.
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Table 4: Analysis of the Requested Concession (1) and Waivers (3) Standard Analysis
Building Frontage (Concession) - SP-2, Ch. 3, Frontyard/Porch Frontage Type, 1 Ground Floor Height
SP-2 requires minimum floor heights based on proposed frontage type (e.g., forecourt, stoop, etc.). The project proposes a frontyard/porch frontage type with 9’-1” ground floor height and is below the minimum 10’ required.
The project’s location in a flood zone necessitates raising the site's base flood elevation, impacting ground floor-to-ceiling heights. To comply with flood regulations, interior floor levels must be elevated, reducing first-floor ceiling heights. Maintaining the proposed unit count while adhering to these requirements would require a redesign, potentially leading to fewer residential units, affecting the project's density and efficiency. Moreover, SP-2 was originally intended to achieve a specific urban form, and since existing nearby multi-family residential developments do not maintain a minimum building floor height, the proposed design is consistent with the existing multi-family residences.
Dimension – Depth
The minimum dimensions for porch type building frontages is 6’ depth. No porches fully meet these requirements.
Modifying porch depth is challenging due to the flood zone location. Changes would require building reconfiguration to accommodate proper stairs from street level, given elevated floor requirements. This would affect unit layouts, disrupting the efficient stacked floor plan and potentially reducing interior space and bedroom counts.
Dimension – Width The minimum dimensions for porch type building frontages is 10’ width if an asymmetrical entry. No porches fully meet these requirements.
Modifying porch width is challenging due to the flood zone location. Changes would require building reconfiguration to accommodate proper stairs from street level, given elevated floor requirements. This would affect unit layouts, disrupting the efficient stacked floor plan and potentially reducing interior space and bedroom counts.
Open Space (Waivers) - SP-2, Ch. 3, Table 3-9. Onsite Open Space Requirements Common – Area
The total common open space required for the project site (net) is equal to 15 percent of the lot, or approximately 12,290 sq. ft. Instead, the project provides a 3,853 sq. ft. of common open space (approximately 5 percent), which is a difference of 8,437 sq. ft. or 10 percent.
Meeting the minimum required open space would eliminate six or more units, affecting project feasibility. To maintain the proposed unit count, the developer would need to modify the building type and construct additional floors, potentially exceeding the maximum allowable height in the Harbor Mixed Use Transit Corridor Plan (SP-2) and increasing development costs. To help alleviate the open space deficiency, the project proposes an average of 174 sq. ft. of private open space per unit, through private balconies/decks.
VTTM No. 2024-02 and DBA No. 2024-02 – Santa Ana-8 Townhomes (510 & 520 N.
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Standard Analysis
Private – Area
The minimum required private open space is 90 sq. ft. per dwelling unit. Twenty- seven (27) units featuring both upper balconies/decks and ground floor yards meet this requirement. The remaining eighteen (18) units with only upper balcony decks fall short of the minimum area.
Adhering to the minimum private open space requirement would necessitate significant design alterations. Unit layouts would require reconfiguration, reducing habitable interior space and potentially bedroom counts. Expanding balconies, especially if cantilevered over the private drive, could impede emergency vehicle access, raising safety concerns. These changes would disrupt the efficient stacked floor plan design, affecting the development's livability and unit mix.
Private –
Dimensions
Private open space minimum dimensions are 6 feet in all directions. Only one unit provides the minimum 6 feet in all directions for private area.
Adhering to the minimum private open space requirement would necessitate significant design alterations. Unit layouts would require reconfiguration, reducing habitable interior space and potentially bedroom counts. Expanding balconies, especially if cantilevered over the private drive, could impede emergency vehicle access, raising safety concerns. These changes would disrupt the efficient stacked floor plan design, affecting the development's livability and unit mix.
When analyzed cumulatively, the requested concession and waiver could be avoided if the project were designed on a different site or using a different site plan. If the project were designed with a multi-level parking and/or subterranean parking structure, or if the applicant used different building materials to construct a taller project, additional area on site would become available to provide the minimum required open space and ground floor height.
However, these changes would increase development costs and result in a project that would exceed the maximum permitted building height, resulting in the housing project becoming financially infeasible due to the significantly increased financial implications of an alternative construction type compared to the relatively smaller scale of the project.
Moreover, the changes would result in the loss of the five affordable townhouse units.
Based on the analysis provided within this report, the proposed development will materially assist in accomplishing the goal of providing additional affordable and market-rate ownership housing stock in the city and will consistent with the applicable designation in the general plan land use element. In addition, the proposed deviations are necessary to make the project economically feasible pursuant to section 41-1603.
Vesting Tentative Tract Map
Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act, applications for vesting tentative tract maps are approved when it can be shown that findings can be made in support of the request.
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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 45 townhome units.
The request would vest the right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting map is deemed complete. Upon completion of the subdivision, the lots will continue to be utilized for residential use in the form of attached tuck-under unit type structures. In reviewing the project, staff determined that the proposal as conditioned is consistent with the various provisions of the City’s General Plan. As a housing development project, the proposed development site has been found to be consistent with the objective general plan standards for the property. Moreover, the proposal is consistent with the various provisions of the zoning and subzone designations (SP-2, Corridor), including lot size, setbacks, density, and parking. Lastly, the applicant has requested waivers for those development standards that require deviations, as previously analyzed.
Further conditions of approval have been included to bring the site’s landscaping, architectural design, and Covenants, Conditions and Restrictions (CC&Rs) to be in compliance with all applicable standards of the SAMC and the Harbor Mixed Use Transit Corridor Plan (SP-2). Further, no adverse environmental impacts to fish or wildlife populations were identified as the project site is located in a built-out, urbanized area.
The project will also maintain all required easements. Finally, the tentative tract map was found to be consistent with the California Subdivision Map Act and Chapter 34 of the Municipal Code.
The overall project site provides an opportunity for additional housing and development that would otherwise continue to remain as a vacant, under-utilized parcel. These improvements will help to enhance the quality of life in the surrounding community by providing 45 for-sale, market-rate and affordable housing, with five onsite affordable units.
The proposed project is part of the Harbor Mixed-Used Transit Corridor Specific Plan and has been designed to incorporate significant design features, articulating elevations in order to minimize any visual impacts on surrounding land uses.
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Finally, the project has been designed to be compatible with the scale of other residences in the area and will be consistent with several goals and policies of the General Plan as follows:
•Goal LU-1: Growing Responsibly – Provide a land use plan that improves quality of life and respects our existing community.
oPolicy LU-1.1 Compatible Uses – Foster compatibility between land uses to enhance livability and promote healthy lifestyles.
oPolicy LU-1.2 Homeownership Opportunities – Support innovative development policies to expand homeownership opportunities at all income levels.
oPolicy LU-1.5 Diverse Housing Types – Incentivize quality infill residential development that provides a diversity of housing types and accommodates all income levels and age groups.
•Goal LU-4: Complete Communities – Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. oPolicy LU-4.7 Diverse Communities – Promote mixed-income developments with mixed housing types to create inclusive communities and economically diverse neighborhoods.
•Goal HE-2: Housing Supply and Diversity – A diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana’s residents of all household types, income levels, and age groups to foster an inclusive community.
oPolicy HE-2.5 Diverse Housing Types – Facilitate diverse types, prices, and sizes of housing, including single-family homes, apartments, townhomes, duplexes, mixed/multiuse housing, transit-oriented housing, multigenerational housing, accessory dwelling units, and live-work opportunities.
oPolicy HE-2.7 Affordable Component – Pursuant to the Affordable Housing Opportunity and Creation Ordinance (AHOCO), require eligible rental and ownership housing projects to include at least 15 percent of the rental housing units as affordable for low-income households; or 10 percent of the rental units affordable to very low-income households; or 5 percent of rental units affordable to lower income households (5 percent to low-income, 3 percent to very low- income, and 2 percent to extremely low-income households); or at least 5 percent of the units in eligible ownership projects affordable to moderate-income households. Implement various strategies using the in-lieu fees generated by AHOCO to provide a wide array of affordable housing options.
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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 in place of three (3) for sale units which will target moderate-income (80- 120%) households, 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. Four of the affordable units will be three-bedroom units while the last unit will be a four-bedroom unit. The proposed affordable units will range in size between 1,451 to 1,775 square feet in size and will contain full kitchens, bedrooms, bathrooms, in-unit storage, and open/common (living) areas. The developer’s Inclusionary Housing Plan has been reviewed and approved by the City’s Housing Division.
Public Notification and Community Outreach
Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided in Exhibit 12. 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.
The applicant also held two community meetings in conformance to the Sunshine Ordinance notification requirements in place at the time the application was submitted (April 30, 2024). The first meeting was a combined in-person and virtual community meeting on June 27, 2024. This meeting was publicly noticed in the Orange County Reporter, posted on the City’s website, and invitation mailers were sent to all addresses within a 2,000-foot radius of the project site, as well as local community organizations.
The meeting included a presentation on the project as well as a question and answer period to address concerns and collect feedback. Participants asked questions about the cost, parking, and interest list. However, no issues of concern were raised regarding the proposed development. Approximately five to 10 individuals attended the meeting.
On August 8, 2024, the applicant held a second combined in-person and virtual Sunshine Ordinance community meeting. This meeting was also publicly noticed in the Orange County Reporter, posted on the City’s website, and invitation mailers were sent to all addresses within a 2,000-foot radius of the project site, as well as local community organizations. The meeting included a brief presentation and summary on the project, as well as a question and answer period to address concerns and collect feedback.
Participants asked questions about the project timing and security. Two individuals attended the meeting. Materials from both the June 27 and August 8 meetings are posted to the project’s City webpage.
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ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). This exemption applies to projects or sites that:
1. Meet the threshold criteria set forth in section 15192; provided that with respect to the requirement in section15192(b) regarding community-level environmental review, such review must be certified or adopted within five years of the date that the lead agency deems the application for the project to be complete pursuant to Section 65943 of the Government Code.
2. Meet both of the following size criteria:
A. The site of the project is not more than four acres in total area.
B. The project does not include any single level building that exceeds 100,000 square feet.
3. Meet both of the following requirements regarding location:
A. The project is a residential project on an infill site.
B. The project is within one-half mile of a major transit stop.
4. Meet both of the following requirements regarding number of units:
A. The project does not contain more than 100 residential units.
B. The project promotes higher density infill housing. The lead agency may establish its own criteria for determining whether the project promotes higher density infill housing except in either of the following two circumstances:
1) A project with a density of at least 20 units per acre is conclusively presumed to promote higher density infill housing.
2) A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density infill housing unless the preponderance of the evidence demonstrates otherwise.
5. Meets the following requirements regarding availability of affordable housing: The project would result in housing units being made available to moderate, low, or very low income families as set forth in either A or B below:
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
VTTM No. 2024-02 and DBA No. 2024-02 – Santa Ana-8 Townhomes (510 & 520 N.
Harbor Blvd.)
December 9, 2024
4 6
9 1
2) Not less than 10-percent of the housing is rented to families of low income, or
3) Not less than 5-percent of the housing is rented families of very low income.
B. If the project does not result in housing units being available as set forth in subdivision (A) above, then the project developer has paid or will pay in-lieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required pursuant to subparagraph (A).
The project site is not more than four acres in area, the project does not include any single level building exceeding 100,000 square feet, and the project is an infill development within one-half mile of a major transit stop. Moreover, the development promotes higher density infill housing, does not contain more than 100 residential units, and results in housing units made available to low income families. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-32, will be filed for this project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
VTTM No. 2024-02 and DBA No. 2024-02 – Santa Ana-8 Townhomes (510 & 520 N.
Harbor Blvd.)
December 9, 2024
4 6
9 1
EXHIBIT(S)
1. Resolution Approving VTTM No. 2024-02 as conditioned
2. Resolution Approving DBA No. 2024-02 as conditioned
3. Vicinity Zoning and Aerial View
4. Site Photos
5. Site Plan
6. Unit Floor Plans
7. Building Elevations
8. Color and Material Board
9. Preliminary Landscape Plan
10. Vesting Tentative Tract Map
11. Draft Density Bonus Agreement
12. Sunshine Ordinance Meeting Materials (Available Online)
13. Copy of Public Notice
Submitted By:
Nancy Tran, AICP, Senior Planner
Approved By:
Minh Thai, Executive Director, Planning and Building Agency
Resolution No. 2024-XXX
RESOLUTION NO. 2024-xx
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING VESTING
TENTATIVE TRACT MAP NO. 2024-02 (COUNTY MAP NO.
19328) AS CONDITIONED TO ALLOW A FORTY-FIVE UNIT
SUBDIVISION FOR CONDOMINIUM PURPOSES FOR THE
PROPERTY LOCATED AT 510 AND 520 NORTH HA RBOR
BOULEVARD (APN: 100-631-05 & 100-631-04)
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. Kim Prijatel, representing City Ventures Homebuilding, LCC (applicant), on behalf of Clark Beyer, General Manager of the Alminlo Properties, LLC (property owner), is requesting approval of Vesting Tentative Tract Map No. 2024-02 (County Map No. 19328) and a certain concession and waivers or reductions of certain development standards pursuant to State Density Bonus Law (or “deviations,” as referenced in the SAMC ) to be memorialized in a density bonus agreement (DBA) 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.
B. California Senate Bill 330, the Housing Crisis Act of 2019 (HCA) , became effective on January 1, 2020, and established a statewide “housing emergency” until January 1, 2025.
C. On January 1, 2022, the HCA was extended until January 1, 2030, with the passage of Senate Bill 8 (SB8).
D. The proposed development is 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. 2024-02 came before the Planning Commission of the City of Santa Ana on December 9, 202 4, for a duly noticed public hearing.
G. The Planning Commission of the City of Santa Ana determines that following findings, which must be established in order to approve Vesting
Resolution No. 2024-XXX
Tentative Tract Map No. 2024-02, 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 Urban Neighborhood (UN-50) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan.
The proposed project and its design and improvements will be consistent with the Urban Neighborhood-50 (UN-50) land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision of land will create forty-five condominium air -right units and will be consistent with the various provisions of the General Plan. As proposed, the development is subject to the limitations contained in SB330 and SB 8. Moreover, the development is permitted subject to separate execution of a density bonus agreement, where the developer is requesting a concession and waivers or reductions in objective development standards, subject to separate approval of the Plannin g Commission . The
maximum unit yield for the 2. 5-acre site using the UN-50 general plan density and the State density bonus is 125 units, and the applicant is proposing to develop45 units on the site.
The density range for the proposed number of units is also considered and approved in the UN General Plan designation.
Finally, the project has been designed to be compatible with the scale of other residences in the area and will be consistent with several goals and policies of the General Plan as follow:
• Goal LU-1: Growing Responsibly – Provide a land use
plan that impro ves quality of life and respects our
existing community.
o Policy LU -1.1 Compatible Uses – Foster
compatibility between land uses to enhance
livability and promote healthy lifestyles.
o Policy LU-1.2 Homeownership Opportunities –
Support innovative development policies to
expand homeownership opportunities at all
income levels.
o Policy LU -1.5 Diverse Housing Types –
Incentivize quality infill residential development
that provides a diversity of housing types and
Resolution No. 2024-XXX
accommodates all income levels and age
groups.
• Goal LU -4: Complete Communities – Support a
sustainable Santa Ana through improvements to the
built environment and a culture of collaboration.
o Policy LU-4.7 Diverse Communities – Promote
mixed-income developments with mixed
housing types to create inclusive communities
and economically diverse neighborhoods.
• Goal HE-2: Housing Supply and Diversity – A diversity of quality housing, affordability levels, and living
experiences that accommodate Santa Ana’s residents
of all household types, income levels, and ag e groups
to foster an inclusive community.
o Policy HE -2.5 Diverse Housing Types –
Facilitate diverse types, prices, and sizes of
housing, including single -family homes,
apartments, townhomes, duplexes,
mixed/multiuse housing, transit -oriented
housing, multi generational housing, accessory
dwelling units, and live-work opportunities.
o Policy HE -2.7 Affordable Component –
Pursuant to the Affordable Housing Opportunity
and Creation Ordinance (AHOCO), require
eligible rental and ownership housing projects to
include at least 15 percent of the rental housing
units as affordable for low -income households;
or 10 percent of the rental units affordable to
very low -income households; or 5 percent of
rental units affordable to lower income
households (5 percent to low-income, 3 percent
to very low- income, and 2 percent to extremely
low-income households); or at least 5 percent of
the units in eligible ownership projects
affordable to moderate -income households.
Implement various strategies using the in -lieu
fees generated by AHOCO to provide a wide
array of affordable housing options.
2. The proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances.
Resolution No. 2024-XXX
The proposed development is being submitted as an SB 330 application. The proposed project will conform to all
requirements of the Santa Ana Municipal Code (SAMC) and the development standards specified by the Harbor Mixed Use Transit Corridor Plan (SP-2), except for the open space area and dimensions, as well as the minimum ground floor height and dimensions for building frontage, which are memorialized in a separate density bonus agreement. Lastly, all subdivision codes will be met as well as other applicable City ordinances.
3. The project site is physically suitable for the type and density of the proposed project.
The project site is physically suitable for the type and density of the proposed project. The proposed site consists of approximately 2.5 acres of land and is physica lly suitable for the proposed development, where access to the site will be from 5th Street. The current general plan land use designation for the project site is UN-50 which allows a mix of uses, including medium and medium -high density apartments,
townhomes, garden - or motor -court homes, and
neighborhood- serving commercial. The proposed density is 18 du/ac and well within the 50 dwelling units per acre (du/ac) maximum allowed under its general plan land use designation.
4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Since the project is located in an urbanized area, there are no known fish or wildlife populations existing on the project site.
Therefore, the proposed subdivision w ill not cause any substantial environmental damage or substantially and
avoidably injure fish and wildlife or their habitat. Additionally, the development of the property as proposed, has been
determined to be exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). The project site is not more than four acres in area, the project does not include any single level building exceeding 100,000 square feet, and the project is an infill development within one -half mile of a major transit stop. Moreover, the development promotes higher density infill housing, does not contain more than 100 residential
Resolution No. 2024-XXX
units, and results in housing units made available to moderate income families.
5. The design or improvements of the proposed project will not cause serious public health problems.
The design or improvements of the proposed project will not cause serious health problems, with the proposed subdivision not having any detrimental effects upon the general public. The property will include necessary utilities and infrastructure improvements as required under Development Project Review No. 2024-10.
6. The design or improvements of the proposed project will not conflict with easements necessary for public access through , or use of , property within the proposed project.
The design or improvements of the proposed project will not conflict with easements necessary for public access through , or use of , the property within the proposed project since the existing and recorded easements for the property have been considered as part of the review. Existing easements for street and highway purposes in the documents recorded October
18, 1957 as book 4074, page 548 of official records and October 25, 1947 as book 4082, page 244 of official records are proposed to remain. Easements for a new emer gency
vehicle, public right -of-way dedication, and public utility easement will be recorded under the new subdivision. The subdivision consists of forty -five condominium air -right units along Harbor Boulevard and 5 th Street. The installation of all utilities will conform with the requirements stated in Section 41-626 of the Santa Ana Municipal Code. The conceptual
design of all proposed construction for the property will not affect the right-of-way for road purposes
.
Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). This exemption applies to projects or sites that:
1. Meet the threshold criteria set forth in section 15192; provided that with respect to the requirement in section15192(b) regarding community -level environmental review, such review must be certified or adopted within five years of the date that the lead
Resolution No. 2024-XXX
agency deems the application for the project to be complete pursuant to Section 65943 of the Government Code.
2. Meet both of the following size criteria:
A. The site of the project is not more than four acres in total area.
B. The project does not include any single level building that exceeds 100,000 square feet.
3. Meet both of the following requirements regarding location:
A. The project is a residential project on an infill site.
B. The project is within one-half mile of a major transit stop.
4. Meet both of the following requirements regarding number of units:
A. The project does not contain more than 100 residential units.
B. The project promotes higher density infill housing. The lead agency may establish its own criteria for determining whether the project promotes higher density infill housing except in either of the following two circumstances:
1) A project with a density of at least 20 units per acre is conclusively presumed to promote higher density infill housing.
2) A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher den sity infill housing unless the preponderance of the evidence demonstrates otherwise.
5. Meets the following requirements regarding availability of affordable housing: The project would result in housing units being made available to moderate, low, or very low income families as set forth in either A or B below:
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 ho using 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, the n 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 moderate income families. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-32, will be filed for this project.
Resolution No. 2024-XXX
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) f or 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. 2024-02 as conditioned in “Exhibit A”, attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 9, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this 9th day of December 2024, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
_______________________
Jennifer Oliva
Chairperson
Resolution No. 2024-XXX
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NUVIA OCAMPO, Recording Secretary, do hereby attest to and certify the attached Resolution No. 202 4-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 9, 2024.
Date: ________________ ____________________________________ Recording Secretary
Resolution No. 2024-XXX
EXHIBIT A
Conditions for Approval for Vesting Tentative Tract Map No. 2024-02
Vesting Tentative Tract Map No. 2024-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, Applicant shall meet the following conditions of approval:
The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this tentative tract map.
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. 2024-10.
2. Any amendment to this Vesting Tentative Tract Map No. 202 4-02, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages , must be submit ted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the Vesting Tentative Tract Map must be amended.
3. Applicant must submit Covenants, Conditions and Restrictions (CC&Rs) for the project to the case planner for review and approval prior t o the final map being recorded.
4. 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 pr operty owners t o avoid double -walls or gaps between walls where possible.
b. Climbing vines shall be planted at regularly-spaced intervals along all exposed walls and wrought-iron fencing to deter graffiti. All solid walls shall be finished with anti-graffiti coating.
5. 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
Resolution No. 2024-XXX
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.
6. 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.
7. 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.
8. 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.
9. 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.
10. Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the A pplicant) shall execute a maintenance agreement or incorporate the form of this condition within the Project’s CC&R’s with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions a nd 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.);
Resolution No. 2024-XXX
b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses);
c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscap e 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 prop erty or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms.
f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement.
g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City.
h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded.
Resolution No. 2024-xx
RESOLUTION NO. 2024-xx
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING A CONCESSION
AND WAIVERS OR REDUC TIONS OF DEVELOPMENT
STANDARDS PURSUANT T O STATE DENSITY BONUS
LAW TO BE MEMORIALIZED IN DENSITY BONUS
AGREEMENT NO. 2024-02 TO ALLOW A FORTY-FIVE UNIT
SINGLE-FAMILY ATTACH ED TOWNHOME
DEVELOPMENT FOR THE PROPERTY LOCATED AT 510
AND 520 NORTH HARBOR BOULEVARD (APN: 100-631-05
& 100-631-04)
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. Kim Prijatel, representing City Ventures Homebuilding, LCC (applicant), on behalf of Clark Beyer, General Manager of the Alminlo Properties, LLC (property owner), is requesting approval of Vesting Tentative Tract Map No. 2024-02 (County Map No. 19328) and a certain concession and waivers or reductions of certain development standards pursuant to State Density Bonus Law (or “deviation,” as referenced in the SAMC) to be memorialized in a density bonus agreement (DBA) 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.
B. California Senate Bill 330, the Housing Crisis Act of 2019 (HCA) , became effective on January 1, 2020, and established a statewide “housing emergency” until January 1, 2025.
C. On January 1, 2022, the HCA was extended until January 1, 2030, with the passage of Senate Bill 8.
D. The proposed development is being submitted as a Senate Bill No. 330 (SB 330) application.
E. The Harbor Mixed Use Transit Corridor Plan (SP -2) was adopted in 2014 as a result of interest in developing mixed -use residential and commercial projects in its project area. The regulating plan, which establishes land uses and development standards, allows a variety of housing projects, including multi-family and mixed-use residential communities, as well as live/work
Resolution No. 2024-xx
units. The selection of the SP -2 development standards for this project is consistent with the overall character of the surrounding community.
F. The California Density Bonus law allows developers to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law allows developers to seek in centives/concessions or waivers or reductions of development standards.
G. The Applicant’s request has been evaluated by the City’s Development Review Committee (DRC) through Development Project No. 202 4-10.
Through this review, the DRC has considered the su bject site, proposed development, and the applicant’s requests for concessions and waivers or reductions pursuant to the State’s Density Bonus Law.
H. 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.
I. Section 41 -1607 of the Santa Ana Municipal Code (SAMC) requires an application for a density bonus agreement containing deviations (incentives/concessions and/or waivers or reductions ) to be approved by the Planning Commission.
J. 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. 2024-02 to allow construction of the proposed project:
1. That the proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city.
The proposed development will provide a forty-five unit single- family attached townhome devel opment, five of which are proposed as moderate-income affordable units, contributing toward the City’s ownership housing stock to serve the needs of diverse and underserved population s. The area in which the project is proposed currently contains multiple low- to medium-density, multi -family residential communities. The construction of this project will contribute toward an
economically balanced community by providing housing for different demographic and income levels in an area rich with employment opportunities, commercial development, and
market-rate housing.
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2. That the development will not be inconsistent with the purpose of the underlying zone or applicable designation in the gene ral plan land use element.
The application is being submitted as a Senate Bill No. 330 application. The proposed project and its design and
improvements will be consistent with the Urban
Neighborhood-50 (UN -50) land use designation of the
General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The current general plan land use designation for the project site is UN -50 which allows a mix of uses, including medium and medium -high density apart ments, townhomes, garden- or motor -court homes, and neighborhood - serving commercial. The proposed density is 18 du/ac and well within the 50 dwelling units per acre (du/ac) maximum allowed under its general plan land use designation.
3. That the deviation is necessary to make it economically feasible for the Applicant to utilize a density bonus authorized for the development pursuant to section 41-1603.
The proposed project requires six deviations in: (1)
frontyard/porch ground floor height, (2) frontyard/porch depth, (3) frontyard/porch width for asymmetrical entry, (4) common open space area; ( 5) private open space area; ( 6) private open space dimensions. The six deviations are described as follows:
Frontyard/Porch Frontage – Ground Floor Height
The development standards in SP -2 require minimum floor heights based on the selected frontage type (e.g., forecourt, shop front, stoop, etc.). The project design proposes a frontyard/porch frontage type and the ground floor heights are proposed below the minimum 10’ required. The ground floor height is designed at a minimum of 9’-1”
The development's location in a flood zone necessitates raising the site's base flood elevation, directly impacting ground floor -to-ceiling heights. To c omply with flood regulations, interior floor levels must be elevated, reducing first-floor ceiling heights. Maintaining the proposed unit count while adhering to these requirements would require a
comprehensive site and elevation redesign. This could
potentially lead to a reduction in residential units, affecting the project's density and efficiency.
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SP-2 was originally intended to achieve a specific urban form.
Existing nearby multi -family residential developments to the project site do not maintain a min imum building floor height.
Therefore, the proposed design is consistent with the existing multi-family residences.
Frontyard/Porch Frontage – Depth
The minimum dimension for porch type building frontages is 6’ depth. None of the porches provide the minim um entry depth required for porches.
Modifying the porch depth presents significant challenges due to the development's location in a flood zone. Such changes would necessitate building reconfiguration to accommodate proper stair risers and treads from str eet level, which would be complex given the elevated floor requirements in flood - prone areas. This reconfiguration would cascade into the unit layouts, disrupting the efficient stacked floor plan design and potentially reducing habitable interior space and bedroom counts.
Frontyard/Porch Frontage – Width
The minimum dimension for porch type building frontages 10’ width if an asymmetrical entry. None of the porches provide the minimum entry width required for porches.
Modifying the porch width presents significant challenges due to the development's location in a flood zone. Such changes would necessitate building reconfiguration to accommodate proper stair risers and treads from street level, which would be complex given the elevated floor requirements in f lood- prone areas. This reconfiguration would cascade into the unit layouts, disrupting the efficient stacked floor plan design and potentially reducing habitable interior space and bedroom counts.
Common Open Space – Area
Pursuant to SP-2, the minimum com mon open space for the project site (net) is equal to 15 p ercent of the lot, or approximately 12,290 sq. ft. As proposed, the project provides a 3,853 sq. ft. of common open space (approximately 5
percent).
The minimum common open space requirement specifi ed in SP-2 is designed to offer visual relief and strengthen the
Resolution No. 2024-xx
connection to the natural environment. As new homes and businesses are established along the corridor, there will be an increased demand for spaces to relax and recreate that are easy to acce ss. While the full 15 percent is not provided, residents will still have access to a 3,853 square foot common open central courtyard within the site’s interior. The design and layout (50’x77’) of the proposed common open space would provide functional amenities to residents (e.g., picnic tables, BBQ, lounge furniture, etc.). The open space would also feature a shade trellis, hardscaping materials, trees, and shrubs.
Providing the required open space standard would lead to the elimination of six or more unit s, which would affect the feasibility to construct the project. In order to maintain the current proposed unit count, the developer would be required to modify the building type and construct additional floor levels, which may exceed the maximum allowable hei ght as part of the Harbor Mixed Use Transit Corridor Plan (SP -2), and would further increase development costs. To help
alleviate the open space deficiency, the project proposes an average of 174 sq. ft. of private open space per unit, through use of private balconies/decks.
Private Open Space – Area
The minimum required private open space is 90 sq. ft. per dwelling unit. Units featuring both upper balconies/decks and ground floor yards meet this requirement. However, units with only upper balcony decks fall short of the minimum area.
Adhering to the minimum private open space requirement
would necessitate significant design alterations. Unit layouts would require reconfiguration, reducing habitable interior space and potentially bedroom counts. Expanding balconies, especially if cantilevered over the private drive, could impede emergency vehicle access, raising safety concerns. These changes would disrupt the efficient stacked floor plan design, affecting the development's livability and unit mix.
Private Open Space – Dimensions
The minimum dimensions for private open space are 6’. None of the private open space areas provide the minimum 6’ in all directions.
Adhering to the minimum private open space requirement
would necessitate significant design alte rations. Unit layouts
Resolution No. 2024-xx
would require reconfiguration, reducing habitable interior space and potentially bedroom counts. Expanding balconies, especially if cantilevered over the private drive, could impede emergency vehicle access, raising safety concerns. T hese changes would disrupt the efficient stacked floor plan design, affecting the development's livability and unit mix.
Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). This exemption applies to projects or sites that:
1. Meet the threshold criteria set forth in section 15192; provided that with respect to the requirement in section15192(b) regarding community -level environmental review, such review must be certified or adopted within five years of the date that the lead agency deems the application for the pro ject to be complete pursuant to Section 65943 of the Government Code.
2. Meet both of the following size criteria:
A. The site of the project is not more than four acres in total area.
B. The project does not include any single level building that exceeds 100,000 square feet.
3. Meet both of the following requirements regarding location:
A. The project is a residential project on an infill site.
B. The project is within one-half mile of a major transit stop.
4. Meet both of the following requirements regarding number of units:
A. The project does not contain more than 100 residential units.
B. The project promotes higher density infill housing. The lead agency may establish its own criteria for determining whether the project promotes higher density infill housing except in either of the following two circumstances:
1) A project with a density of at least 20 units per acre is conclusively presumed to promote higher density infill housing.
2) A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density infill housing unless the preponderance of the evidence demonstrates otherwise.
5. Meets the following requirements regarding availability of affordable housing: The project would result in housing units being made available to moderate, low, or very low income families as set forth in either A or B below:
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
Resolution No. 2024-xx
2) Not less than 10 -percent of the housing is rented to families of low income, or
3) Not less than 5-percent of the housing is rented families of very low income.
B. If the project does not result in housing units being available as set forth in subdivision (A) above, then the project developer has paid or will pay in -lieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required pursuant to subparagraph (A).
The project site is not more than four acres in area, the project does not include any single level building exceeding 100,000 square feet, and the project is an infill development within one-half mile of a major transit stop. Moreover, the development promotes higher density infill housing, does not contain more than 100 residential units, and results in housing units made available to moderate income families. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-32, will be filed for this 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 proc edures (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 that certain concession and those certain waiv ers or reductions of development standards (deviations), as described in this Resolution and in the City’s Staff Report and as memorialized in Density Bonus Agreement No. 2024-02 in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to:
the Request for Planning Commission Action dated December 9, 2024, and exhibits
Resolution No. 2024-xx
attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this 9th day of December 2024, 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, NUVIA OCAMPO, Recording Secretary, do hereby attest to and certify the attached Resolution No. 202 4-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 9, 2024.
Date: ________________ ____________________________________ Recording Secretary
City of Santa Ana
Resolution No. 2024-xx
EXHIBIT A
Conditions for Approval for Density Bonus Agreement Application No. 2024-02
The concession and waivers or reductions of development standards (deviations) as memorialized in Density Bonus Agreement Application No. 2024-02 are approved subject to compliance, to the reasonable satisfaction of the P lanning 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. 2024-10 and the plans presented to the Planning Commission on the date of public hearing and project approval.
2. Any amendment to the DP No. 2024-10, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the Development Project Review must be amended.
3. Walls and Fencing.
a. The applicant shall construct a minimum six-foot (6’) tall 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.
4. All mechanical equipment shall be screened from view from public and courtyard areas.
5. 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
Resolution No. 2024-xx
canopy trees from the City's approved street tree list, ensuring the maximum possible number is incorporated.
6. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, sta ging areas, parking and site security/screening during project construction.
7. A final detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas as well as an installation plan. The exact specifications for these items are subject to the review and approval by the Planning Division.
8. Prior to installation of landscaping, the Applicant shall submit photos and specifications of all trees to be installed on the project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (24 inches minimum), brown trunk height (10-foot minimum), and name and location of the supplier.
9. After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans.
10. Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the author ized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement or incorporate the form of this condition within the Project’s CC&R’s with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney.
The maintenance agreement shall contain covenants, conditions and restrictions relating to the following:
a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.);
b. Compliance with ongo ing 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 restri ctions on certain uses);
Resolution No. 2024-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, stru ctures 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 th e maintenance agreement and both shall be jointly and severally liable for compliance with its terms.
f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement.
g. The maintenance agreement s hall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses i ncurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City.
h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded.
TM-2024-02 and DBA-2024-02, Santa Ana-8 Development510 & 520 N. Harbor Boulevard Exhibit 3 - Vicinity Zoning and Aerial View
©2024DigitalMapProducts.Allrightsreserved.
Zoning
Zoning
626 feet
11/15/24, 11:22 AM .
https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview.html# 1/1
Exhibit 4 – Site Photos
Santa Ana – 8
510 & 520 N. Harbor Boulevard, Santa Ana 92703
Harbor Boulevard, looking west
5th Street, looking northwest
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| 2023297 | 11-01-24© 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA 510/520 N. HARBOR
SANTA ANA, CA ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
CITY SUBMITTAL
SP-1
Conceptual Site Plan
Building 401
Building 400Building 500
Building 501
Building 402 Building 402
Building 600
Building 700
Building 600
TRANSFORMER
TRANSFORMER
Notes:
1. Site plan is for conceptual purposes only.
2. Site plan must be reviewed by planning, building, and fire departments for code compliance.
3. Base information per civil engineer.
4. Civil engineer to verify all setbacks and grading information
5. Building Footprints might change due to the final design elevation style.
6. Open space area is subject to change due to the balcony design of the elevation.
7. Building setbacks are measured from property lines to building foundation lines.
| 2023297| 11-01-24C 2021 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. 0 10 20 40
CONCEPTUAL SITE PLAN
510/520 N. Harbor
SANTA ANA, CA DRAFT
Project Summary
APN: 100-631-04, 100-631-05
Total Site Area: + 1.92 Acres (Proposed R/W)
Total Units: 45 Homes
▪ (13) 3-Story Interlocking P1,+ 1,451 SF, 3 Bed, 3 Bath,Tandem ▪ (13) 3-Story Interlocking P2,+ 1,711 SF, 3 Bed, 3.5 Bath ▪ (9) 3-Story Townhome P3, + 1,674 SF, 3 Bed, 3 Bath
▪ (9) 3-Story Townhome P4, + 1,775 SF, 4 Bed, 3.5 Bath
▪ (1) 2-Story P5, + 1,907 SF, 3 Bed, 2.5 Bath, Loft
Density: 23.4 Du/Ac
Parking:
Required: 80 Spaces Total (1.77 sp/home)
Res: 68 Spaces (1.5 sp/home)
Guest: 12 Spaces (0.25 sp/home)
Provided: 99 Spaces Total (2.2 sp/home) *
Res: 90 Spaces (2 sp/home)
Guest: 9 Spaces
* Tandem Parking: 26 Spaces (26% of Total Parking)
Open Space:
Required:
16,269 SF Total (+ 361.5 SF per home)
▪ Common: 12,219 SF (15% of Net Site Area)
▪ Private: 4,050 SF (90 SF per home; 6' min. dim.)
Provided: 11,673 SF Total ( + 259.4 SF per home)
▪ Common: 3,853 SF (15' Min. Dimension)
▪ Private: 7,820 SF (4'-6" Min. Dimension)
- Patio: 4,250 SF
- Deck: 3,570 SF
Zoning Summary
Existing Zoning: Harbor Mixed Use Transit Corridor SP - Corridor Proposed Zoning: Harbor Mixed Use Transit Corridor SP - Corridor Building Setbacks: Front Yard: 8' Maximum
Interior Side Yard: 5' Minimum
Rear Yard: 15' for 2-story, 20' for 3-story
Building Separation: 6' minimum
Max. Building Height: 3 Stories
Frontage Type: 'P' = Frontyard/Porch (min. 6' x10' clear) 'S' = Stoop (min. 4' x 4' landing)
25'x25'Clear Zone
15'x15'Clear Zone
Prop. 12' Sidewalk
w/Street Trees
Ex. R/W
Prop. R/W
Prop. 8' Irrevocable Offer to
Dedicate (IOD)
17'x17'Corner Cut off
Ex. R/W
Prop. 5' Parkway
Prop. 5' Sidewalk
Note: All Public Improvements public improvements are depicted and noted in the attached VTTM (sheets 1-4), and made a part hereto". 0 10 20 40
Exhibit 5 - Site Plan
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| 2023297 | 11-01-24© 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA 510/520 N. HARBOR
SANTA ANA, CA ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
CITY SUBMITTAL
A-1
BUILDING 400 | Conceptual Floor Plans
TECH.
OFC.
KITCHEN /
DINING
PWDR
LAU
14'-2"12'-10" x
FAMILY
5'-6"12'-10" x
COVERED DECK
UP
17R
DN
17R
11'-10"10'-10" x
DEN PWDR
UP
17R
WH
ELECTRICAL
CABINET
LOW
VOLTAGE
21'-6"20'-0" x
GARAGE
11'-6"13'-2" x
PRIMARY BEDROOM
BATH 2
10'-0"10'-0" x
BEDROOM 3
10'-0"10'-0" x
BEDROOM 2
P. BATH
W.I.C.
DN
17R
SL.
0.5:12
SL.
0.5:12
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. 2023297 | 09.24.2024 510/520 N. HARBOR
SANTA ANA, CACONCEPTUAL DESIGN
0' 4' 8' 16'
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BUILDING 400 | Conceptual Floor Plans
First Floor
Second Floor
Roof Plan
Third Floor
NOTE:
1. SQUARE FOOTAGE MAY VARY DUE TO METHOD
OF CALCULATION.
2. FURTHER FLOOR PLAN COORDINATION NEEDED
TO REFLECT CONCEPTUAL ELEVATION DESIGN.
Plan 3
3 Bdrm / 3 Bath / Den
2 Car Garage
+/-1,674 SF
OCCUPANCY: R3
CONSTRUCTION: VB
SPRINKLER SYSTEM: 13D
Exhibit 6 - Unit Floor Plans
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| 2023297 | 11-01-24© 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA 510/520 N. HARBOR
SANTA ANA, CA ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
CITY SUBMITTAL
A-3
BUILDING 500 | Conceptual Floor Plans
TECH.
OFC.
KITCHEN /
DINING
PWDR
LAU
15'-6"12'-10" x
FAMILY
5'-6"12'-10" x
COVERED DECK
UP
17R
DN
17R
11'-10"10'-10" x
DEN
21'-6"20'-0" x
GARAGE
PWDR
UP
17R
WH
ELECTRICAL
CABINET
LOW
VOLTAGE
11'-6"13'-2" x
PRIMARY BEDROOM
BATH 2
10'-4"10'-0" x
BEDROOM 3
10'-0"10'-0" x
BEDROOM 2
P. BATH
W.I.C.
DN
17R
SL.
0.5:12
SL.
0.5:12
SL.
0.5:12
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. 2023297 | 09.24.2024 510/520 N. HARBOR
SANTA ANA, CACONCEPTUAL DESIGN
0' 4' 8' 16'
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BUILDING 500 | Conceptual Floor Plans
First Floor
Second Floor
Roof Plan
Third Floor
NOTE:
1. SQUARE FOOTAGE MAY VARY DUE TO METHOD
OF CALCULATION.
2. FURTHER FLOOR PLAN COORDINATION NEEDED
TO REFLECT CONCEPTUAL ELEVATION DESIGN.
Plan 3
3 Bdrm / 3 Bath / Den
2 Car Garage
+/-1,674 SF
OCCUPANCY: R3
CONSTRUCTION: VB
SPRINKLER SYSTEM: 13D
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| 2023297 | 11-01-24© 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA 510/520 N. HARBOR
SANTA ANA, CA ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
CITY SUBMITTAL
A-5
BUILDING 600 | Conceptual Floor Plans
BATH 3
10'-6"15'-4" x
FAMILY
DINING
KITCHEN
10'-8"15'-4" x
FAMILY
4'-6"15'-5" x
DECK
KITCHEN
BATH 3
DINING
W.I.C.
10'-6"10'-0" x
BEDROOM 3 11'-4"10'-0" x
BEDROOM 3
5'-6"15'-5" x
DECK
DN
17R
UP
17R
UP
17R
DN
17R
FLEX
20'-0"20'-0" x
GARAGE
40'-0"10'-0" x
GARAGE
PWDR
UP
17R
UP
17R
WH
WH
ENTRY
ELECTRICAL
CABINET
LOW
VOLTAGE
FIRE
RISER
BATH 2
11'-8"10'-0" x
BEDROOM 2
PRM. BA.
12'-0"11'-8" x
PRIMARY BDRM.
W.I.C.
LAU
W.I.C.
BATH 2
12'-2"10'-0" x
BEDROOM 2
W.I.C.
PRM. BA.
12'-0"11'-8" x
PRIMARY BDRM.
LAUDN
17R
DN
17R
W.I.C.
SL.
0.5:12
SL.
0.5:12
SL.
0.5:12
4:12 4:12
SL.
0.5:12
SL.
0.5:12
SL.
0.5:12
SL.
0.5:12
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. 2023297 | 09.24.2024 510/520 N. HARBOR
SANTA ANA, CACONCEPTUAL DESIGN
0' 4' 8' 16'
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BUILDING 600 | Conceptual Floor Plans
First Floor
Second Floor
Roof Plan
Third Floor
NOTE:
1. SQUARE FOOTAGE MAY VARY DUE TO METHOD
OF CALCULATION.
2. FURTHER FLOOR PLAN COORDINATION NEEDED
TO REFLECT CONCEPTUAL ELEVATION DESIGN.
OCCUPANCY: R2
CONSTRUCTION: VB
SPRINKLER SYSTEM: 13
Plan 2
3 Bdrm / 3.5 Bath
/ Flex / Deck
2 Car Garage
+/-1,711 SF
Plan 1
3 Bdrm / 3 Bath /
Deck
2 Car Garage
+/-1,451 SF
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| 2023297 | 11-01-24© 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA 510/520 N. HARBOR
SANTA ANA, CA ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
CITY SUBMITTAL
A-7
BUILDING 700 | Conceptual Floor Plans
20'-0"20'-0" x
GARAGE
PWDR
KITCHEN
16'-0"11'-0" x
DINING
14'-0"16'-0" x
FAMILY
FLEX
20'-0"20'-0" x
GARAGE
40'-0"10'-0" x
GARAGE
PWDR
UP
17R
WH
WH
UP
17R
ENTRY
DN
17R
P. BATH
14'-0"12'-0" x
LOFT
11'-0"10'-0" x
BEDROOM 2
11'-0"10'-0" x
BEDROOM 3
16'-0"11'-7" x
PRIMARY BDRM.
W.I.C.
LAUNDRYBATH 2
BATH 3
10'-6"15'-4" x
FAMILY
DINING
KITCHEN
10'-8"15'-4" x
FAMILY
4'-6"15'-5" x
DECK
KITCHEN
BATH 3
DINING
W.I.C.
10'-6"10'-0" x
BEDROOM 3 11'-4"10'-0" x
BEDROOM 3
5'-0" 15'-4"x
DECK
5'-4"10'-10" x
DECK
DN
17R
UP
17R
DN
17R
UP
17R
5'-6"15'-5" x
DECK
BATH 2
11'-8"10'-0" x
BEDROOM 2
PRM. BA.
12'-0"11'-8" x
PRIMARY BDRM.
W.I.C.
LAU
W.I.C.
BATH 2
12'-2"10'-0" x
BEDROOM 2
W.I.C.
PRM. BA.
12'-0"11'-8" x
PRIMARY BDRM.
W.I.C.
LAUDN
17R
DN
17R
SL.
0.5:12
SL.
0.5:12
SL.
0.5:12
SL.
0.5:12
SL.
0.5:12
4:12 4:12
SL.
0.5:12
SL.
0.5:12
SL.
0.5:12
SL.
0.5:12
C 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. dba WHA. 2023297 | 09.24.2024 510/520 N. HARBOR
SANTA ANA, CACONCEPTUAL DESIGN
0' 4' 8' 16'
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BUILDING 700 | Conceptual Floor Plans
First Floor
Second Floor
Roof Plan
Third Floor
NOTE:
1. SQUARE FOOTAGE MAY VARY DUE TO METHOD
OF CALCULATION.
2. FURTHER FLOOR PLAN COORDINATION NEEDED
TO REFLECT CONCEPTUAL ELEVATION DESIGN.
OCCUPANCY: R2
CONSTRUCTION: VB
SPRINKLER SYSTEM: 13
Plan 2
3 Bdrm / 3.5 Bath
/ Flex / Deck
2 Car Garage
+/-1,711 SF
Plan 1
3 Bdrm / 3 Bath /
Deck
2 Car Garage
+/-1,451 SF
Plan 5
3 Bdrm / 2.5 Bath
/ Loft
2 Car Garage
+/-1,907 SF
0 4 8 16
| 2023297 | 11-01-24© 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA 510/520 N. HARBOR
SANTA ANA, CA ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
CITY SUBMITTAL
A-2
BUILDING 400 | Conceptual Elevations
Exhibit 7 - Building Elevations
0 4 8 16
| 2023297 | 11-01-24© 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA 510/520 N. HARBOR
SANTA ANA, CA ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
CITY SUBMITTAL
A-4
BUILDING 500 | Conceptual Elevations
0 4 8 16
| 2023297 | 11-01-24© 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA 510/520 N. HARBOR
SANTA ANA, CA ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
CITY SUBMITTAL
A-6
BUILDING 600 | Conceptual Elevations
0 4 8 16
| 2023297 | 11-01-24© 2024 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA 510/520 N. HARBOR
SANTA ANA, CA ORANGE COUNTY . LOS ANGELES . BAY AREA . SACRAMENTO
CITY SUBMITTAL
A-8
BUILDING 700 | Conceptual Elevations
© Copyright - AT Design Consulting Inc. www.atdesignconsulting.com 6PRELIMINARY: 07.30.24 |
PRELIMINARY EXTERIOR COLOR/MATERIAL DESIGNsanta ana 8
Colors seen on screen and/or printed material may not represent actual colors & textures accurately. Refer to actual materials for color & texture accuracy.
BLDG. 700
SCHEME 2
BLDG. 600
SCHEME 1
STREETSCAPE
Exhibit 8 - Color and Material Board
© Copyright - AT Design Consulting Inc. www.atdesignconsulting.com 7PRELIMINARY: 07.30.24 |
PRELIMINARY EXTERIOR COLOR/MATERIAL DESIGNsanta ana 8
EXTERIOR COLOR/MATERIAL SCHEMES
SCHEME 1 SCHEME 2
BODY 1
SW 7551 GREEK VILLA
BODY 1
SW 7551 GREEK VILLA
BODY 3
SW 2824 RENWICK GOLDEN OAK
BODY 3
SW 6207 RETREAT
ACCENT BODY
SW 6258 TRICORN BLACK
ACCENT BODY
SW 6258 TRICORN BLACK
WINDOWS
WHITE
WINDOWS
WHITE
BODY 2
SW 2844 ROYCROFT MIST GRAY
BODY 2
SW 7052 GRAY AREA
BODY 4
SW 7048 URBANE BRONZE
BODY 4
SW 7048 URBANE BRONZE
GARAGE DOOR & FRENCH DOORS
SW 2844 ROYCROFT MIST GRAY
GARAGE DOOR & FRENCH DOORS
SW 7052 GRAY AREA
ENTRY DOORS, AWNINGS, & RAILINGS
SW 6258 TRICORN BLACK
ENTRY DOORS, AWNINGS, & RAILINGS
SW 6258 TRICORN BLACK
Colors seen on screen and/or printed material may not represent actual colors & textures accurately. Refer to actual materials for color & texture accuracy.
MASONRY
ELDORADO STONE: LOREIO BRICK, FAROLA
MASONRY
ELDORADO STONE: LOREIO BRICK, FAROLA
ASPHALT SHINGLE ROOF
CERTAINTEED: MOIRE
ASPHALT SHINGLE ROOF
CERTAINTEED: MOIRE
© Copyright - AT Design Consulting Inc. www.atdesignconsulting.com 8PRELIMINARY: 07.30.24 |
PRELIMINARY EXTERIOR COLOR/MATERIAL DESIGNsanta ana 8
EXTERIOR FIXTURE SPECIFICATIONS
LIGHT SCONCE ADDRESS NUMBERS
at ENTRY DOORS
MANUFACTURER: Visual Comfort
FAMILY: Testa
PRODUCT SKU: 8757793S-12 LED
FINISH: Black
LIGHT: LED
WIDTH: 7”
HEIGHT: 20”
EXTENDS: 4.5”
at GARAGE DOORS & DECKS
MANUFACTURER: Visual Comfort
FAMILY: Testa
PRODUCT SKU: 8657793S-12 LED
FINISH: Black
LIGHT: LED
WIDTH: 5.75”
HEIGHT: 16”
EXTENDS: 3.5”
TITLE 24 LAMP REQUIREMENT
Light fixtures with screw-in lamp must have lamps with certification by the Energy Commission as meeting the requirements of Reference Joint Appendix JA8 per the Lighting Title 24 mandatory measures. The lamp must be marked with “JA8-2022” or “JA8- 2022-E” in order to be used with the fixture.
Colors seen on screen and/or printed material may not represent actual colors & textures accurately. Refer to actual materials for color & texture accuracy.
MANUFACTURER: Modern House Numbers
TYPE FACE: Palm Springs
MATERIAL: Brushed Aluminum
FORMAT ORIENTATION: Intallation Orientation per Client NUMBER HEIGHT: 4” (Client to verify with City)
STANDOFF: 1/2”
COLOR: Brushed Aluminum
© Copyright - AT Design Consulting Inc. www.atdesignconsulting.com 9PRELIMINARY: 07.30.24 |
PRELIMINARY EXTERIOR COLOR/MATERIAL DESIGNsanta ana 8
MASONRY LAY-UP STYLE
Bonding Surface: All surfaces must be clean, free of any dirt, loose debris to create an even and flat surface for stone installation.
Lay-Up: Lay-up masonry in a horizontal orientation with 30%-70% stagger.
Mortar Joints: Vertical and horizontal joints to be 3/16”. Mortar should be sponged.
Mortar: Mortar should be used for levelling and adhering and should be level with face and edge of masonry with some shadowing effect.
Masonry Face & Edge Detail: Masonry face and edge detail must remain clean, not mortar washed or sponged. DO NOT cover masonry face and edge with mortar.
Sample image on left is for field stone lay-up style reference only. For stone color refer to specifications.
Colors seen on screen and/or printed material may not represent actual colors & textures accurately. Refer to actual materials for color & texture accuracy. 5’
Setback
5’
Setback
LEGEND
1 5
4 3
6 2
11 7
8 9
10 2
2 2
3 4
5 5
6 6
7 4
8 8
8 10
10 8
9 Project Entry (non-gated) with Enhanced Landscape
Private Patio with Fence & Gate
Central Courtyard
- Shade Structure with Decor P
anel, Refer to L-8
- Barbecue and (2) Picnic
Tables
Screening Landscape at Trash Enclosure/Transformer
Street Tree- 24” box @ 35’ o.c., including deep root irrigation system, per City Standards and approved plan, as needed.
Street Tree on N. Harbor Blvd:
Pink Trumpet (Handroanthus impetiginosus)
Street Tree on W. 5th Street:
Brisbane Box (Lophostemon confertus)
Vertical Screening Trees and Hedges
Pedestrian Paseo with Entry Arbor- Refer to L-8
Enhanced Crosswalk Paving
Mailbox Cluster
Transformer
Bike Parking
Visibility Triangle
Hedge Screening for all aboveground utilities from Public View *NOTE: All Parking Stalls shall be a minimum of 8’-6” x 18’-0” 11 12
13 11
12 13
12 10.31.24SANTA ANA, CALIFORNIA
L-1
510/520 N. HARBOR BLVD -
Collaborative
W. 5TH STREET
N. HARBOR BLVD
0 10’ 20’ 40’
Scale: 1”= 20’-0”CONCEPTUAL LANDSCAPE PLAN
5’
Setback
5’
Setback
35’ o.c.
8’6” min.
18’ min.
35’ o.c.
Exhibit 9 - Preliminary Landscape Plan
10.31.24SANTA ANA, CALIFORNIA
L-9
510/520 N. HARBOR BLVD -
Collaborative
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
5 gal
5 gal
5 gal
5 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
TREE SCHEDULE:
Street Trees
Handroanthus impetiginosus
Lophostemon confertus
Entry Specimen Trees
Bauhinia variegata
Liriodendron tulipifera
Canopy Trees
Laurus nobilis
Rhus lancea
Magnolia grandiflora
Vertical Accent Trees
Podocarpus gracilior
Tristania conferta
Vertical Accent Trees
Lagerstroemia spp. hybrid
Liriodendron tulipifera
Pink Trumpet Street Tree
Brisbane Box
Purple Orchid Tree
Tulip Tree
Sweet Bay
African Sumac
Southern Magnolia
Fern Pine
Brisbane Box
Crape Myrtle
Tulip Tree
24” box
24” box
24” box
24” box
15 gallon min
15 gallon min.
15 gallon min.
15 gallon min.
15 gallon min.
15 gallon min.
15 gallon min.
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
L
M
M
M
L
L
M
M
M
M
M
GROUNDCOVER SCHEDULE:
Carissa macrocarpa ‘Prostrata’
Pittosporum tobira ‘Wheeler’s Dwarf’
Senecio mandraliscae
Sodded Turf
Ground Cover Natal Plum
Wheeler’s Dwarf Pittosporum
Kleinia
Turf
1 gal
1 gal
1 gal
Sodded
18” o.c.
24” o.c.
18” o.c.
-
L
M
L
H
BOTANICAL NAME COMMON NAME SIZE SPACING WUCOLS VINE SCHEDULE:
Lonicera japonica ‘Halliana’
Trachelospermum jasminoides
Hall’s Japanese Honeysuckle
Star Jasmine
15 gal
15 gal
Per Plan
Per Plan
L
M
CONCEPTUAL MASTER PLANT PALETTE
BOTANICAL NAME COMMON NAME SIZE SPACING WUCOLS
BOTANICAL NAME COMMON NAME SIZE SPACING WUCOLS 0 1" = 30'
15 30 60
Exhibit 10 - Vesting Tentative Tract Map
0 1" = 20'
10 20 40
0 1" = 20'
10 20 40
0 1" = 20'
10 20 40
55394.00101\42993417.142998272.155394.00101\42993417.142998272.1 1 PLANNING COMMISSION DRAFT
SUBJECT TO CITY COUNCIL APPROVAL
P.O. Box 1988
Santa Ana, California 92702
RECORDING REQUESTED BY:
Attention: City Clerk
City of Santa Ana
City Clerk
Free Recording pursuant to
Government Code 27383
AND WHEN RECORDED MAIL TO:
DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
510-520 North Harbor Boulevard; APN: 100-63-04, 100-63-05 This D ENSITY B ONUS H OUSING A GREEMENT W ITH D ECLARATION O F COVENANTS, CONDITIONS AND RESTRICTIONS (“Agreement”), is made and entered into this day of , 2 024, f or r eference p urposes o nly, b y a nd b etween t he C ity o f Santa A na, a c harter c ity a nd m unicipal c orporation o f t he S tate o f C alifornia ( “City”), a nd Alminlo Properties, a California limited liability company (“Developer”). City and Developer are sometimes referred to collectively as the “Parties” and individually as a “Party.”
RECITALS
A. Developer is the owner of that certain property located within the City of Santa Ana, C ounty o f O range, S tate o f C alifornia, c ommonly k nown a s 510 a nd 5 20 N orth H arbor B oulevard, S anta A na, C alifornia, a nd l egally described a s s et f orth i n E xhibits A -1 a nd A -2, w hich a re a ttached h ereto a nd incorporated herein by this reference as if set forth in full (“Property”).
B. Developer i s p roposing t o d evelop a r esidential d evelopment c onsisting o f n o more than forty five (45) units, five (5) of which are proposed as moderate income residential o wnership u nits o n t he P roperty, a s m ore p articularly s et f orth i n Density Bonus Application No. DBA-XXXX (“Project”).
C. Santa A na M unicipal C ode s ections 4 1-1600, et s eq. (“City D ensity Bonus for Affordable Housing”), and California Government Code sections 65915, et seq. (“State Density Bonus Law”), set forth a process to provide increased residential densities a nd i ncentives, c oncessions, a nd w aivers t o p roperty o wners o r developers w ho r estrict a p ortion o f t heir r esidential d evelopment to moderate income h ouseholds, a s s pecified. T hese r egulations a re i ntended t o m aterially assist the housing industry in providing adequate and affordable housing for all 20 Civic Center Plaza (M-30)
55394.00101\42993417.142998272.155394.00101\42993417.142998272.1
PLANNING COMMISSION DRAFT
SUBJECT TO CITY COUNCIL APPROVAL
2 economic s egments o f t he c ommunity a nd t o p rovide a b alance o f h ousing opportunities throughout the City.
D. The Project is proposing a total number of forty five (45) residential ownership units, including five (5) units for Moderate Income Tenants, as defined herein.
D. E. The P roject c omplies w ith t he a ffordability r equirements f or a h ousing development as set forth in the State Density Bonus Law and City Density Bonus for Affordable Housing.
E. F. In light of the purpose of the State Density Bonus Law and City Density Bonus for Affordable Housing, and the express provisions of Government Code Section 65915(d)(1)(2)(A) , the City has determined that the Project is eligible for one (1) incentive o r c oncession, and w aivers a s p rescribed b y t he S tate D ensity Bonus Law.
F. G. This Agreement, and the exhibits attached hereto and incorporated herein by reference, a re i ntended t o s et f orth t he t erms a nd c onditions f or t he implementation of the Project’s requirement to provide affordable housing units in e xchange f or r eceiving t he d ensity b onus, c oncession a nd w aivers s et f orth herein.
NOW, T HEREFORE, i n c onsideration o f t he a bove r ecitals, w hich a re i ncorporated herein by this reference, and of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. DEFINITIONS AND EXHIBITS
1.1 Definitions. I n a ddition t o t he t erms t hat m ay b e d efined e lsewhere i n t his Agreement, the following terms when used in this Agreement shall be defined as follows:
1.1.1 “Affordability C ovenants” m eans, p ursuant t o C alifornia G overnment Code S ection 6 5915(c)(2)(A)(ii)(III), restrictions o n t he s ale a nd c onveyance o f t he P roperty pursuant t o C alifornia G overnment C ode S ection 6 5915 that e nsure t hat t he P roperty w ill b e preserved for lower income housing for at least 55 years for owner-occupied housing units and will b e s old o r r esold o nly t o p ersons o r f amilies o f v ery l ow, l ow, o r m oderate i ncome, a s defined in Section 50052.5 of the California Health and Safety Code.
1.1.2 "Adjusted f or f amily s ize a ppropriate t o t he u nit" s hall h ave t he meaning set forth by Health and Safety Code Section 50052.5(h).
1.1.3 “Administrative P rocedures M anual” s hall m ean t he C ity’s Administrative P rocedures M anual: O wnership H ousing D evelopment, s etting f orth r ules a nd regulations for the City’s homeownership program.
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PLANNING COMMISSION DRAFT
SUBJECT TO CITY COUNCIL APPROVAL
3 1.1.4 “Affordability Term” means the duration of the Affordability Covenants as set forth in Section 3.23.1.
1.1.5 "Affordable H ousing C ost" m eans t he t otal h ousing c osts p aid b y a qualifying Moderate Income Household in accordance with California Health and Safety Code Section 50052.5.
1.1.6 “Affordable H ousing R esale R estrictions” means t he r estrictions imposed on each Affordable Unit that restrict sales to qualified Eligible Households pursuant to a local preference for families who live or work in the City of Santa Ana at an Affordable Sales Price, in the form of Exhibit B attached hereto.
1.1.7 “Affordable S ales P rice” m eans t he m aximum s ales p rice t hat c an b e charged for an Affordable Unit as set forth in Section 3.4.23.3.2.
1.1.8 "Affordable Units(s)" means the five (5) unit(s), which shall comprise of four (4) three-bedroom units and one (1) four-bedroom unit, which always must be proportionate to t he u nit m ix f or t he p roperty. A ny c hange t o t he n umber, b edroom s ize, o r d istribution o f Affordable Units is subject to City Manager approval.
1.1.9 "Agreement" m eans t his D ensity B onus H ousing A greement W ith Declaration of Covenants, Conditions and Restrictions.
1.1.10 “Benchmark D own Payment” i s a component of t he Affordable Sales Price calculations. For the purposes of this Agreement, the Benchmark Down Payment is set at 5% o f t he t otal A ffordable S ales P rice. T he B enchmark D own P ayment i s u sed s olely a s a component f or d etermining t he A ffordable S ales P rice f or a n A ffordable U nit. I t d oes n ot represent a cap on the down payment amount that can be contributed by a Homebuyer.
1.1.11 "City" means the City of Santa Ana, California.
1.1.12 "City Attorney" means the City Attorney for the City of Santa Ana.
1.1.13 "City Council" means the City Council of the City of Santa Ana.
1.1.14 "City Manager" means the City Manager for the City of Santa Ana.
1.1.15 "City's Planning Commission" means the Planning Commission for the City of Santa Ana.
1.1.16 “Declaration of Inclusionary Housing Covenants, Resale Restrictions and City’s Option to Purchase Agreement” (“Declaration of Resale Restrictions”) means the resale restrictions for prospective buyers in the form attached hereto as Exhibit B.
1.1.17 “Density Bonus Application” shall mean the Density Bonus Application No. XXXXX for the Project.
Shaw, Claudia [SC1] December 5,
2024 08:17 AM
The City does not enter into a Deed of Trust
with Inclusionary Buyers
55394.00101\42993417.142998272.155394.00101\42993417.142998272.1
PLANNING COMMISSION DRAFT
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4 1.1.18 "Developer" m eans A lminlo P roperties, a C alifornia l imited l iability company, and its permitted successors and assigns to all or any part of the Property, Project or this Agreement.
1.1.19 "Effective Date" means the date the Developer and the City shall record or c ause t o b e r ecorded i n t he O fficial R ecords f or O range C ounty, C alifornia, a n e xecuted original of this Agreement, pursuant to section 4.2 herein.
1.1.20 "Eligible Household" means a Household whose income does not exceed the “Moderate Income Household” qualifying limit as defined herein.
1.1.21 “Gross H ousehold I ncome” m eans a ll i ncome f rom w hatever s ource from a ll a dult H ousehold m embers, w hich i s a nticipated t o b e r eceived d uring t he 1 2-month period f ollowing t he d ate o f t he d etermination o f G ross H ousehold I ncome. T he a pplicable sources o f i ncome a re d efined i n C alifornia C ode o f R egulations T itle 2 5 H ousing a nd Community D evelopment S ection 6 914. T he d efinition i ncludes t he f ollowing s pecific requirements:
(a) Except a s p rovided i n s ubdivision ( b), a ll p ayments f rom a ll sources r eceived b y t he h ead o f H ousehold ( even i f t emporarily a bsent) a nd e ach a dditional member o f t he H ousehold w ho i s n ot a m inor s hall b e i ncluded i n t he a nnual i ncome o f a Household. Gross Household Income shall include, but not be limited to:
(i) The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses; (ii) The net income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business);
(iii) Interest and dividends;
(iv) The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts (but see subdivision (2)(c)); (v) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay; (vi) Public Assistance. If the public assistance payment includes an amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist of:
(1) The amount of the allowance or grant exclusive of
the amount specifically designated for shelter and utilities, plus 55394.00101\42993417.142998272.155394.00101\42993417.142998272.1
PLANNING COMMISSION DRAFT
SUBJECT TO CITY COUNCIL APPROVAL
5 (2) The maximum amount which the public assistance
agency could in fact allow for the Household for shelter and utilities. (vii) Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling;
(viii) All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the Household or spouse or domestic partner (but see subdivision (b)(v));
(ix) Where a Household has net assets in excess of $5,000, income shall include the actual amount of income, if any, derived from all of the net Household assets or 10 percent of the value of all such assets, whichever is greater. For purposes of this section, net Household assets means value of equity in real property other than the Household's full-time residence, savings, stocks, bonds, and other forms of capital investment. The value of necessary items such as furniture and automobiles shall be excluded. (b) The following items shall not be considered as income:
(i) Casual, sporadic or irregular gifts;
(ii) Amounts which are specifically for or in reimbursement of the cost of medical expenses;
(iii) Lump-sum additions to Household assets, such as
inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses; (iv) Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes of which are available for subsistence are to be included in income;
(v) The special pay to a serviceman head of a Household away from home and exposed to hostile fire;
(vi) Relocation payments made pursuant to federal, state, or local relocation law;
(vii) Foster child care payments;
(viii) The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is in excess of the amount actually charged the eligible Household;
55394.00101\42993417.142998272.155394.00101\42993417.142998272.1
PLANNING COMMISSION DRAFT
SUBJECT TO CITY COUNCIL APPROVAL
6 (ix) Payments received pursuant to participation in the following volunteer programs under the ACTION Agency:
(1) National Volunteer Antipoverty Programs which
include VISTA, Service Learning Programs and Special Volunteer Programs. (c) National Older American Volunteer Programs for persons aged 60 and over which include Retired Senior Volunteer Programs, Foster Grandparent Program, Older American C ommunity S ervices P rogram, a nd N ational V olunteer P rogram t o A ssist S mall Business E xperience, S ervice C orps o f R etired E xecutive ( SCORE) a nd A ctive C orps o f Executives (ACE)
1.1.22 "Homebuyer" m eans a n E ligible H ousehold t hat h as e ntered i nto a n agreement to purchase an Affordable Unit in accordance with this Agreement.
1.1.23 "Household" means all the persons who will occupy the Affordable Unit as their primary residence. The size of a prospective Household must be compatible with the size of the Affordable Unit to be purchased. The minimum number of occupants is three (3) for the t hree-bedroom u nits a nd f our ( 4) f or t he f our-bedroom u nits. T he m aximum n umber o f occupants is eight (8). A child who is subject to a legally-binding shared-custody agreement, in which the child resides with the Household at least 50% of the time, is counted as a member of the H ousehold. For t he p urpose of calculating t he Household i ncome and n ot t he number o f occupants, e xcluded f rom t he d efinition o f H ousehold a re l ive-in c aregivers/caretakers, f oster children, unborn children and children being pursued for legal custody or adoption that are not currently living with the Household.
1.1.24 “Housing Cost” means and includes all of the following costs associated with o wnership o f a n I nclusionary U nit a s d efined i n T itle 2 5 o f t he C alifornia C ode o f Regulations Section 6920:
(a) Principal a nd i nterest o n a m ortgage l oan a t t he d efined i nterest rate;
(b) Property tax and assessments;
(c) Fire and casualty insurance covering replacement value of property improvements;
(d) Property maintenance and repairs;
(e) A reasonable utility allowance, as determined by the City; and (f) Homeowner Association assessments and dues.
1.1.25 "Median I ncome" m eans t he O range C ounty, C alifornia a rea m edian income, adjusted for family size appropriate to the unit pursuant to California Health and Safety Code § 50052.5(h), as periodically published by HCD.
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PLANNING COMMISSION DRAFT
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7 1.1.26 “Moderate I ncome H ousehold(s)” m eans a H ousehold w hose i ncome does not exceed One Hundred Twenty Percent (120%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HCD.
1.1.27 "Project" means that certain affordable residential development as more particularly described in the Recitals and Section 2 of this Agreement.
1.1.28 "Project A pprovals" m eans a ll a pprovals, c onditions, a nd e ntitlements issued by the City, inclusive of the Planning Commission and City Council.
1.1.29 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon.
1.1.30 "State Density Bonus Law" means Government Code Section 65915, et seq., as they exist on the Effective Date.
1.1.31 “Supportable M ortgage” m eans t he m ortgage a mount t hat c an b e supported by a Moderate Income Household based on the Affordable Housing Cost calculations.
The m ortgage c alculation i s b ased o n t he p revailing m arket i nterest r ate f or a 3 0-year f ully amortizing mortgage with a fixed interest rate. The Supportable Mortgage shall be determined in accordance w ith t he C ity’s A dministrative P rocedures M anual, p rovided t hat i t s hould b e determined f or a M oderate I ncome H ousehold c onsistent w ith t he r equirements o f t his Agreement and State Density Bonus Law.
1.1.32 "Term" means the period during which this Agreement shall be in full force and effect, as provided for in Section 5.1 below.
1.1.33 "Unit" m eans a r esidential d welling u nit w ithin t he P roject t o b e constructed or caused to be constructed by Developer pursuant to this Agreement.
1.1.34 "Unrestricted U nits" m eans t he U nits w ithin t he P roject t o b e constructed or caused to be constructed by Developer to a Household without restriction.
1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:
1.2.1 Exhibit A (1-2): Legal Description of the Property
1.2.2 Exhibit B: Declaration o f I nclusionary H ousing C ovenants Resale Restrictions and City’s Option To Purchase Agreement
1.2.3 Exhibit C: Income Verification Form
1.2.4 Exhibit D: Certification of Continued Occupancy
1.2.5 Exhibit E: Disclosure, Acknowledgment
and Assumption Agreement
2. DEVELOPMENT OF THE PROPERTY
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8 2.1 Project. D eveloper s hall d evelop, o perate, a nd m aintain, o r c ause t he development, o peration a nd m aintenance o f, t he P roperty a s f orty f ive ( 45) single-family homesUnits, w ith f ive ( 5) A ffordable U nits f or E ligible H ouseholds i n a ccordance w ith t his Agreement and the Project Approvals.
2.2 Density Bonus. The Project shall have forty five (45) Units, to be sold, owned, occupied, o perated, a nd m aintained p ursuant t o t he t erms a nd c onditions o f t his A greement.
Developer understands and agrees that Developer is not requesting an increase in density and that this Agreement does not allow or approve an increase in residential density over the allowed density regulations of the City. Developer shall not construct or develop, or otherwise claim a right t o c onstruct o r d evelop a ny a dditional r esidential u nits o n t he P roperty u nder t his Agreement.
2.3 Development Concessions, Incentives, and Waivers. As set forth in the City entitlements, D eveloper p etitioned f or a nd i s h ereby g ranted t he f ollowing c oncessions, incentives, and waivers as part of the approval of Density Bonus Application:
2.3.1 Concession. In accordance with Government C ode Section 65915(d)(1), the Project is granted one (1) concession for relief from City Municipal Code Section 41-592.3 and SP-2, Ch. 3, Frontyard/Porch Frontage Type Configuration Requirement, contained at 1, on
minimum porch depth of 6 feet, a minimum porch width of 10 feet (for asymmetrical entries) and a minimum porch height of 1 0 feet. Pursuant t o t he Project Approvals, the Project shall provide the following: XXXXXXX.
(a) Clear ground floor height minimum of nine feet-one inch (9’-1”); (b) Porch d epth m inimum o f f our f eet ( 4') ( measured f rom f ace o f landing to building façade); and,
(c) Asymmetrical entry width minimum of nine feet-six inches (9’-6”).
2.3.2 Waivers. I n a ccordance w ith G overnment C ode S ection 6 5915(e), provided the Project complies with the Project Approvals, the Project is granted the following waivers or reductions from Onsite Open Space Requirements:
(a) The r equirement o f C ity M unicipal C ode S ection 4 1-592.3 a nd SP-2, C h. 3 , T able 3 -9, t o p rovide m inimum p rivate o pen space of 9 0 square feet per u nit is waived for eighteen (18) units.
(b) The r equirement o f C ity M unicipal C ode S ection 4 1-592.3 a nd SP-2, Ch. 3, Table 3-9, for minimum private open space dimensions is reduced from six (6) feet to four feet-six inches (4’-6”).
(c) The r equirement o f C ity M unicipal C ode S ection 4 1-592.3 a nd SP-2, Ch. 3, Table 3-9 for common open space is reduced from 12,219 square feet, which is 15% of the lot area, to 3,853 square feet.
anonymous [2] December 4, 2024
06:14 PM
What is the requirement?
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9 2.4 Parking R equirements. O nsite p arking s hall b e p rovided i n c ompliance with Government Code Section 65915(p). The Project shall provide not less than ninety nine (99) parking spaces.
2.5 No F urther C oncessions, I ncentives, o r W aivers. D eveloper acknowledges a nd a grees t hat n o f urther c oncessions, i ncentives, w aivers o r p arking requirements are requested, and that the terms set forth in Section 2.3 and 2.4 fully satisfies any duty City may have under the City Density Bonus for Affordable Housing, the Density Bonus Law, o r a ny o ther l aw o r r egulation t o p rovide a ny d ensity b onus i ncentive o r t o w aive a ny building, zoning, or other requirement in connection with a density bonus. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising f rom C ity’s o bligation t o w aive r equirements o f o r p rovide d evelopment i ncentives pursuant t o t he C ity D ensity B onus f or A ffordable H ousing a nd t he D ensity B onus L aw applicable to the Project.
2.6 Unit Mix.
2.6.1 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than forty (40) Unrestricted Units, as set forth in sub-paragraphSection 2.6.3, below, and pursuant to the terms and conditions of this Agreement. Any change to the unit distribution of the Unrestricted Units may affect the comparability of the Affordable Units and is subject to City Manager approval.
2.6.2 Affordable Units. The Project, for purposes of this Agreement, shall have no l ess t han f ive ( 5) A ffordable U nits, f or M oderate I ncome H ouseholds, a s s et f orth i n sub-paragraphSection 2.6.3, and pursuant to the terms and conditions of this Agreement. The Affordable U nits s hall b e c onsistent w ith t he P roject A pprovals, c omparable i n b edroom distribution and amenities to the Unrestricted Units, and shall be located throughout the Project as required under Santa Ana Municipal Code section 41-1602(c)(5).
2.6.3 Unit Mix. Four (4) Affordable Units shall be three-bedroom units and one (1) Affordable Unit shall be a four-bedroom unit. The Affordable Units shall be consistent with the Project Approvals for approved for the Project.
2.7 Minimum Development Standards for Affordable Units. The Affordable Units shall b e c onstructed w ith t he s ame e xterior a ppearance a nd i nterior f eatures, f ixtures, a nd amenities, and shall use the same type and quality of materials as provided for any Unrestricted Units, regardless of whether such Unrestricted Units are in the Project.
2.8 Permits and P rocessing; C ompliance w ith Laws. Developer, at i ts sole cost and expense, or as otherwise set forth in a separate written agreement, shall secure or cause to be secured any and all permits that may be required for development of the Project by City or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Upon securing any and all permits, and all necessary financing and property interests, Developer s hall c arry o ut a nd p erform t he d evelopment, o peration, a nd m aintenance o f t he Project or cause the performance of the development, operation, and maintenance of the Project, in conformity with all applicable federal, state, and local laws and regulations, and all conditions 55394.00101\42993417.142998272.155394.00101\42993417.142998272.1
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10 of approval issued by the City Council and City's Planning Commission for the Project, inclusive of the Project Approvals. Any changes to the Project shall be reviewed by the City to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of Developer to comply with any terms of this Agreement in City’s sole determination, then City and Developer shall meet and confer to address amendments and revisions to this Agreement as necessary.
2.9 Relocation Prior to Development of Project. If relocation is required prior to the c ompletion o f d evelopment o f t he P roject, D eveloper s hall h ave t he s ole a nd e xclusive responsibility f or p roviding r elocation a ssistance a nd p aying a ll r elocation c osts a s m ay b e required t o c omply w ith a pplicable f ederal a nd s tate l aws a nd r egulations. In a ddition t o a ny other i ndemnity p rovided b y D eveloper u nder t his A greement, D eveloper s hall i ndemnify, defend ( with c ounsel o f C ity's c hoosing a nd t he c onsent o f D eveloper, w hich s hall n ot b e unreasonably w ithheld, a nd w hich m ay b e j oint d efense c ounsel u pon C ity's a nd D eveloper's consent), a nd h old h armless C ity a nd a ll o f i ts o fficials, o fficers, e mployees, r epresentatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance, benefits and costs prior to the completion of the development of the Project.
2.10 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably necessary t o r emove a ny f uture m echanic's l iens o r o ther s imilar l iens ( including d esign professional liens) against the Property or Project, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the d irection o f, o r o n b ehalf o f D eveloper. P rior t o t he r ecording o f t his A greement ( or memorandum thereof) pursuant to Section 4.2 below, Developer shall provide evidence from the Title Company of any new recordings against the Property or Project. City hereby reserves all rights to post notices of non-responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party by reason of a mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer.
3. AFFORDABILITY
3.1 Total Affordability Term. Pursuant toSubject to the requirements of California Government Code Section 65915(c)(2)(A)(ii)(III), each Affordable Unit shall be restricted to use and occupancy by an Eligible Household for a total period of no less than fifty-five (55) years ("Total Affordability Term") as required by City Municipal Code Section 41-1902. The Total Affordability Term for an Affordable Unit shall commence on the date that the building in which the Affordable Unit is located receives all required occupancy permits from the City.
3.2 3.2 Memorializing Commencement of Total Affordability Term. Developer shall k eep o r c ause t o b e k ept d etailed r ecords o f t he c ommencement d ate o f t he T otal Brown, Judson [BJ3] December 5,
2024 09:26 AM
Fix index numbering
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11 Affordability Term for each Affordable Unit. City shall have the right to review and verify said records without a fee from City to Developer to ensure that the commencement date specified by Developer f or a n A ffordable U nit c oincides w ith t he d ate t hat t he i nitial A ffordable U nit received all permits from City required for occupancy of the Unit. In the event that a conflict exists between the date specified by Developer for the commencement of the Total Affordability Term for an Affordable Unit and the date specified by City's issuance of all required permits for occupancy of the Unit, the date specified by City's issuance of all required permits for occupancy of the Unit shall control.
3.3 3.3 Levels of Affordability.
3.3.1 3.3.1 Moderate-Income Households. Subject to the terms of Section 5, Developer covenants that no less than five (5) Affordable Units in the Project shall at all times during t he Density Bonus Housing Agreement Term be sold o r conveyed to, or preserved for Moderate-Income H ouseholds, a nd w ill b e s old o r r esold o nto t o M oderate-IncomeEligible Households.
3.1 Affordability Covenants and Restrictions.
3.3.2 3.1.1 Affordable Homeownership.Sales Price. Developer covenants that, during the Affordability Term, each Affordable Unit shall be sold to, or held vacant for sale to, an Eligible Household for an Affordable Sales Price.
3.1.2 Affordable Sales Price. The Affordable Sales Price is equal to the sum of the Supportable Mortgage plus, if applicable, the Benchmark Down Payment. Prior to the sale of any A ffordable U nit, D eveloper s hall p rovide t he C ity w ith a t l east t hirty ( 30) d ays’ w ritten notice of the determined amount, and the City shall have ten (10) days to approve or disapprove of the proposed Affordable Sales Price. The Affordable Sales Price for Affordable Units shall be adjusted quarterly until all Affordable Units are sold and, thereafter, determined in connection with each re-sale, as applicable.
3.4 3.2 Notice to City. Prior to entering into an agreement for the transfer of an Affordable Unit, Developer shall provide at least thirty (30) days written notice to the City, along with a p roposed w ritten agreement s etting forth t he t erms of t he sale, i ncluding t he p roposed Affordable Sales Price.
3.5 3.3 Homebuyer D ocuments. T he s ale o f e ach A ffordable U nit i s s ubject t o satisfaction of the following conditions:
3.5.1 3.3.1 Each H omebuyer s hall e xecute t he Declaration o f R esale Restrictions , each of which shall be recorded against the Affordable Unit.
3.5.2 The Declaration of Resale Restrictions shall provide for the terms of resale and the distribution of proceeds from any sale, as follows:
(a) RESERVED (PENDING FURTHER REVIEW)
Shaw, Claudia [SC4] December 5,
2024 07:41 AM
we do not execute a Promisory Note
because we are not making a loan
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12 (a) The Homebuyer selling the Affordable Unit shall retain the value of any improvements and the d own p ayment t hat w ere p aid f or b y t he s eller, a nd t he s eller’s p roportionate s hare o f appreciation.
4. OPERATION OF THE PROJECT BY DEVELOPER
4.1 Payment o f D ensity B onus S etup F ee. A D ensity B onus S etup F ee i n t he amount o f Fifteen T housand N ine H undred S ixty S even D ollars a nd N inety C ents ($15,967.90), w ill be charged to the Developer and must be paid prior to execution of this Agreement.
4.2 Recording of Documents; Priority.
4.2.1 Prior t o i ssuance o f b uilding permits for t he Project, Developer and t he City shall record or cause to be recorded in the Official Records for Orange County, California, an e xecuted o riginal o f t his A greement. C ity s hall c ooperate w ith D eveloper i n p romptly executing in recordable form this Agreement. The date of recording of the Agreement shall be the Effective Date of the Agreement. Upon the date of recording, the terms and conditions of this Agreement shall be binding upon and run with the Property and Project for the Term of this Agreement. It is the express intent and agreement between the Parties that this Agreement shall remain b inding a nd e nforceable a gainst t he P roperty, t he P roject, a nd t he U nits t o e nsure compliance with the State Density Bonus Law and City Density Bonus Law, and to ensure the continued s upply o f A ffordable U nits i n t he P roject, e xcept a s e xpressly s et f orth i n t his Agreement.
4.2.2 The Agreement shall b e recorded against the Property and have priority over t hose m atters o f p ublic r ecord, e xcept a s a pproved i n w riting b y t he C ity; p rovided, however, prior to issuance of a certificate of occupancy (or its equivalent) for the Project, the Parties m ay e xecute a n a mendment t o t his A greement o r o ther a ppropriate i nstrument t hat ensures that the requirements of this Agreement are properly recorded against each Affordable Unit and memorializes Owner's obligation to provide the Affordable Units on a for-sale basis in accordance with this Agreement and, upon the recording of such instrument as to the individual Affordable Units, the City may determine, in its sole and absolute discretion, to a release of this Agreement to the Property as a whole.
4.2.3 Prior to issuance of a certificate of occupancy (or equivalent) for any Unit, Developer, a t i ts s ole cost a nd e xpense, shall d eliver t o C ity e vidence t hat t his A greement i s senior to any other lien, deed of trust, mortgage, or other interest in the Property or the Project.
The City shall have not less than ten (10) days to determine, in its sole and absolute discretion, that this Agreement (or an amended version of the Agreement restricting the Affordable Units) has s enior r ights. I f C ity d isapproves t he e vidence p rovided b y D eveloper, t hen D eveloper agrees a nd a cknowledges t hat C ity m ay w ithhold a c ertificate o f o ccupancy u nless a nd u ntil Developer provides evidence satisfactory to the City demonstrating priority of this Agreement or an amendment thereto.
4.3 Occupancy Levels. RESERVED
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13 4.4 Use o f t he P roperty. A ll u ses c onducted o n t he P roperty b y D eveloper, including, w ithout l imitation, a ll a ctivities u ndertaken b y t he D eveloper p ursuant t o t his Agreement, s hall c onform t o a ll a pplicable p rovisions o f t he S anta A na M unicipal C ode a nd other applicable federal, state, and local laws, rules, and regulations.
4.5 Maintenance. Developer shall, at all times during the term of this Agreement, cause t he P roperty a nd t he P roject t o b e m aintained i n a d ecent, s afe a nd s anitary m anner, regardless o f cause o f t he disrepair. D eveloper and each H omebuyer s hall b e fully and solely responsible f or c osts o f m aintenance, r epair, a ddition a nd i mprovements. C ity, a nd a ny o f i ts employees, agents, c ontractors o r d esignees s hall h ave t he right t o enter upon t he Property at reasonable t imes a nd i n a r easonable m anner t o i nspect t he P roject, after p roviding n otice a s follows: (i) at least a 24-hour notice to Developer and Homebuyer of the Affordable Unit which will be inspected, or (ii) at least 48 hours’ notice to Developer, which shall promptly give notice to Owners of the Affordable Unit to be inspected.
4.6 Preparation and Recordation of Transfer Documents. Developer shall prepare and obtain City’s approval, which approval shall not be unreasonably withheld, conditioned or delayed, of the City Loan Documents for each Affordable Unit to Eligible Households required by Section 3 of this Agreement. Developer shall not sell an Affordable Unit unless and until the City has reviewed and approved the Homebuyer as an Eligible Household for the purchase of the Affordable U nit, and t he H omebuyer h as e xecuted and submitted t o t he P rogram D irector, in recordable f orm, t he D eclaration o f R esale R estrictions, a nd t he a pproved f inancing f or t he Homebuyer.
4.7 Selection of Homebuyers. Except as otherwise provided for in this Agreement, Developer s hall b e r esponsible f or t he s election o f H omebuyers f or t he A ffordable U nits i n compliance with lawful and reasonable criteria and the requirements of this Agreement.
4.8 Income V erification a nd C ertification. D eveloper s hall v erify i ncome o f prospective H omebuyers a nd c ertify t he v erification t o t he C ity. I n e valuating p rospective Homebuyers, Developer shall consider the following sources of income in order of preference:
(i) employment income; (ii) business income; (iii) income from Social Security, Supplemental Security I ncome ( SSI), w elfare, d isability, o r p ension p ayments; a nd ( iv) a limony o r c hild support. To verify income, Developer shall comply with the procedures set forth in Section A-3 of the Administrative Procedures Manual. Subject to the foregoing preferences, Developer shall consider Gross Household Income from all adult Household members, which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. W ithin f ifteen ( 15) d ays o f d elivery o f a n e xecuted c ontract f or p urchase o f a n Affordable U nit b y a p rospective H omebuyer, D eveloper s hall p rovide C ity w ith t he Income Verification Form set forth in Exhibit C and the Certification of Continuing Occupancy set forth in Exhibit D.
Occupancy R equirements. T he O wner s hall o ccupy a nd c ontinually u se t he Inclusionary U nit a s t he O wner’s P rimary R esidence d uring t he A ffordable C ovenant. O n a n annual b asis, t he I nclusionary P rogram D irector w ill s end t he O wner a n O ccupancy Recertification Form to be filled out and returned to the City within thirty (30) days of receipt.
The Owner shall affirm that they are occupying the Inclusionary Unit as their Primary Residence.
Brown, Judson [BJ5] December 5,
2024 09:32 AM
Fix index numbering and spacing
Shaw, Claudia [SC6] December 5,
2024 07:50 AM
The City does not monitor or conduct
inspections for For Sale properties. The
City sends out a yearly recertification letter
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14 The Owner w ill be required to submit copies of two current utility bills, or other evidence of occupancy that is acceptable to the City, as part of the annual recertification process.
4.9 Declaration o f R esale R estrictions F or e ach s ale o f a n A ffordable U nit, Developer and the proposed buyer shall execute and, a Declaration of Resale Restrictions, in a form substantially similar to Exhibit B, which is attached hereto and must be executed by the parties prior to any transfer of the Property.
4.10 Emergency Evacuation Plan. Developer shall submit and obtain approval of an Emergency Evacuation Plan (the EEP) from City Police and Fire Protection agencies prior to issuance of a Certificate of Occupancy. Up-to-date 24-hour emergency contact information for the on-site personnel shall be provided to the City on an ongoing basis and the approved EEP shall be kept onsite and also be submitted to the following City Agencies:
(a) Police Department
(b) Fire Department
(c) Planning and Building Agency
(d) Community Development Agency
4.11 Crime F ree H ousing. D eveloper s hall w ork w ith C ity s taff t o f ormalize a crime f ree h ousing p olicy, p rocedure, a nd d esign p lan ( the “ CFH P lan”), w hich i ncludes t he following provisions:
(a) Requiring p arking a reas a nd c ommon i nterior a reas ( lobbies, elevators, etc.) to contain security cameras;
(b) Requiring routine unit inspections;
(c) Ensuring lobby/other entrance doors are secured and accessed via remote controls, fobs, etc.; and
(d) Have p olicies i n p lace t o e nsure t hat common u se a reas s uch as hallways a nd t rash e nclosures a re m aintained i n g ood c ondition a nd r epair ( e.g., well-lit, kept clean, etc.).
Developer s hall s ubmit a nd o btain a pproval f rom t he C ity’s P lanning a nd B uilding Agency ( “PBA”) t hat t he C FH P lan m eets t he r equirements o f t his S ubsection 4 .12 p rior t o issuance of the Certificate of Occupancy. The approved CFH Plan shall be implemented and administered by Developer or its designated property manager.
4.12 Onsite Parking Management Plan. Developer shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site.
Developer shall c ontinually m onitor a nd t ake t he f ollowing m easures t o m anage t he parking 55394.00101\42993417.142998272.155394.00101\42993417.142998272.1
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15 demand o f t he P roject s ite t o m itigate t he u se o f o ffsite p arking s paces o n p rivate o r p ublic properties and/or right-of-way.
(a) Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the onsite parking spaces for both residents and guests; (b) Policies for maximum time vehicles may be parked in the surface parking spaces, including any guest parking; and
(c) Policies f or t owing u nauthorized v ehicles, v ehicles p arked i n unauthorized l ocations ( such a s f ire l anes), v ehicles p arking i n s urface g uest parking without a sticker, hang-tag, or other identifiers, and vehicles parked longer than any maximum guest parking timeframes allowed.
Prior t o i ssuance o f t he C ertificate o f O ccupancy, D eveloper s hall s ubmit a nd obtain a pproval f rom t he P BA a P arking M anagement P lan ( the “ PMP”) i ncluding t hose measures above. The approved PMP shall be adhered to and be enforced by the Project at all times.
4.13 Marketing and Resident Selection Plan.
4.13.1 Prior t o C ertificate o f O ccupancy, D eveloper s hall p repare a nd o btain City’s approval of a marketing program and resident selection plan for the sale of the Affordable Units at the Project (“Marketing Program”). The sale of the Affordable Units shall thereafter be marketed in accordance with the Marketing Program as the same may be amended from time to time w ith C ity’s p rior w ritten a pproval. U pon r equest, D eveloper s hall p rovide C ity w ith periodic reports with respect to the sale of the Affordable Units.
4.13.2 The Marketing Program shall include, but is not limited to, marketing and community o utreach a ctivities, p roposed h omebuyer s election c riteria, o ccupancy s tandards, income r equirements, t imeline a nd d etails for o utreach a nd m arketing, d ata c ollection, r ecord keeping and monitoring, procedures for complaints, and compliance assessment. Components of the resident selection plan shall include, but are not limited to, the application process, interview procedure, Affordable Unit offer and assignment for selected homeowners, rejected applications, and w ait l ist m anagement. A ll r equirements s et f orth h erein s hall b e i ncorporated i n t he Marketing Program.
4.13.3 Non-Discrimination in Housing. Developer, and any successors in interest, shall not discriminate any person or group of persons on account of race, color, religion, sex, gender, g ender i dentity, g ender e xpression, s exual o rientation, m arital s tatus, n ational o rigin, ancestry, f amilial o r m arital s tatus, d isability, v eteran o r m ilitary s tatus, g enetic i nformation, political affiliation or opinion, medical condition, pregnancy or pregnancy-related condition, or condition of physical or mental disability or other handicap, age, or source of income or status with r egard t o p ublic a ssistance i n t he t ransfer, u se, o ccupancy, t enure o r e njoyment o f t he Property or the Affordable Units, and the Developer, or any person claiming under or through it, shall not establish or permit any such practice of discrimination or segregation with reference to 55394.00101\42993417.142998272.155394.00101\42993417.142998272.1
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16 the selection, location, number, use or occupancy of any Homebuyer or resident of the Property or the Affordable Units.
5. TERM OF THIS AGREEMENT
5.1 Term. T he t erm o f t his A greement ( "Term") s hall c ommence o n t he Effective Date and shall continue until the expiration of the Affordability Term for all Affordable Units, as set forth in Section 3.23.1, above.
6. DEFAULT AND TERMINATION; INDEMNIFICATION
6.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party s pecifying t he d efault ( or s uch o ther p eriod s pecifically p rovided h erein), c onstitutes a default under this Agreement; provided, however, 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 w ithin s uch t hirty ( 30) d ay p eriod, a nd t hereafter d iligently p ursuing s uch c ure t o completion within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety (90) days). Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default.
6.2 Remedies.
6.2.1 Any i ndividual w ho s ells o r r ents ( including s ubleasing) a n A ffordable Unit i n v iolation o f t he p rovisions o f t his A greement s hall b e r equired t o f orfeit t o C ity a ll monetary amounts so obtained.
6.2.2 City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this Agreement, including but not limited to:
(a) Actions to revoke, deny or suspend any permits and/or certificate of occupancy;
(b) Actions f or i njunctive r elief, d amages, o r o ther m onetary r elief; and
(c) Civil citations or penalties.
6.3 Rights and Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
6.4 Waiver of Speculative, Consequential, or Punitive Damages. Notwithstanding anything to the contrary contained in this Agreement, in no event shall either Party be liable for speculative, consequential, punitive or other indirect damages, and each Party waives any 55394.00101\42993417.142998272.155394.00101\42993417.142998272.1
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17 right to collect speculative, consequential, punitive or other indirect damages against the other Party. Developer acknowledges the protections of Civil Code Section 1542 relative to this waiver and release, which section reads as follows:
A G ENERAL R ELEASE D OES N OT E XTEND T O C LAIMS T HAT
THE C REDITOR O R R ELEASING P ARTY D OES N OT K NOW O R
SUSPECT T O E XIST I N H IS O R H ER F AVOR A T T HE T IME O F
EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR
HER, W OULD H AVE M ATERIALLY A FFECTED H IS O R H ER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
BY INITIALING BELOW, DEVELOPER KNOWINGLY AND VOLUNTARILY WAIVES THE P ROVISIONS O F S ECTION 1 542 S OLELY I N C ONNECTION W ITH T HE WAIVERS AND RELEASES OF THIS SECTION.
DEVELOPER’S INITIALS ____________
6.5 Indemnification. In addition t o any o ther i ndemnity specifically provided in this Agreement, Developer agrees to defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may b e j oint d efense c ounsel u pon C ity's a nd D eveloper's c onsent) i ndemnify a nd h old harmless C ity a nd i ts r espective o fficers, o fficials, a gents, e mployees, r epresentatives, a nd volunteers ( collectively, " Indemnitees") f rom a nd a gainst a ny l oss, l iability, c laim, o r judgment arising from any claims, demands, or causes of action arising from or related to this Agreement, i ncluding t he a pproval t hereof, e xcept t o t he e xtent c aused b y t he a ctive negligence or willful misconduct of Indemnitees.
7. ASSIGNMENT; COVENANTS RUN WITH THE LAND
7.1 Assignment by Developer.
7.1.1 Prohibited Transfers or Assignments. Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations i n t his A greement, i n w hole o r i n p art, u nless t he s ale, t ransfer, o r a ssignment complies w ith t his S ection 7 . I f D eveloper s eeks t o s ell, t ransfer o r a ssign t he P roperty o r Project, or any rights and obligations in this Agreement, Developer shall request City’s written consent, and City shall respond within thirty (30) days with a written approval or denial, which City may determine i n i ts sole and absolute d iscretion. If City approves such a request, then prior t o a ny s uch s ale, t ransfer o r a ssignment, D eveloper s hall p ay C ity’s r easonable f ees a s compensation for the City’s review of the request. City’s failure to respond to the request within thirty (30) days shall be deemed an approval.
7.1.2 Sale of Property. Developer agrees and declares that the Property and the Project s hall b e h eld, c onveyed, m ortgaged, e ncumbered, l eased, r ented, u sed, o ccupied, operated, s old, a nd a pproved s ubject t o a ll o bligations s et f orth o r i ncorporated i n t his Agreement, a ll o f w hich a re f or t he p urpose o f e nhancing a nd p rotecting t he v alue a nd attractiveness of the Property and the Project. All of the obligations set forth or incorporated in this A greement s hall c onstitute c ovenants w hich r un w ith t he l and a nd s hall b e b inding o n 55394.00101\42993417.142998272.155394.00101\42993417.142998272.1
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18 Developer and its successors and assigns, and all parties having or acquiring any right, title or interest in, or to any part of the Property or Project. Developer further understands and agrees that the approvals received for this Project have been made on the condition that Developer and all subsequent o wners, or other successors and assigns o f t he Property and/or Project sell the Affordable U nits i n a ccordance w ith t he c ovenants, c onditions a nd r estrictions o f t his Agreement.
7.1.3 Subsequent A ssignment. A s u sed i n t his A greement, t he t erm "Developer" shall be deemed to include any such transferee or assignee after the date such sale, transfer, or assignment occurs in compliance with this Agreement.
7.1.4 Unpermitted Assignments Void. Any sale, transfer, or assignment made in violation of this Agreement shall be null and void, and City shall have the right to pursue any right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales, transfers, or assignments.
7.2 Covenants R un w ith t he L and. T he P roperty s hall b e u sed, o ccupied a nd improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, r estrictions, r eservations, e quitable s ervitudes, l iens a nd c harges s et f orth i n t his Agreement s hall r un w ith t he P roperty a nd s hall b e b inding u pon D eveloper a nd a ll p ersons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor o f C ity a nd i ts s uccessors a nd a ssigns, a nd t he p arties h ereto e xpressly a gree t hat t his Agreement and the covenants herein shall run in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in i ts o wn r ight a nd f or t he p urposes o f p rotecting t he i nterests o f t he c ommunity a nd o ther parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running w ith t he l and h ave b een p rovided. D eveloper h ereby d eclares i ts u nderstanding a nd intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Property is rendered less valuable thereby. Developer hereby further declares its understanding and intent that the agreement provides a public benefit in furtherance of b enefit o f s uch c ovenants t ouch a nd c oncern t he l and b y e nhancing a nd i ncreasing t he enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City.
8. MISCELLANEOUS
8.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth a nd c ontain t he e ntire u nderstanding a nd a greement o f t he p arties w ith r espect t o t he density bonus of the Project, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be a dmissible i n a ny p roceeding o f a ny k ind o r n ature t o i nterpret o r d etermine t he t erms o r conditions of this Agreement.
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19 8.2 Amendment. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance approved by the City Council, or through the City Manager as detailed herein, and signed on behalf of each party. The City M anager s hall h ave t he a uthority t o m ake a pprovals, i ssue i nterpretations, e xecute documents, waive provisions, and/or enter into amendments of this Agreement on behalf of City that further the intent of this Agreement. Any requested alteration, change or modification of the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as applicable, for the City’s review of the request. Each alteration, change, or modification to this Agreement s hall b e r ecorded a gainst t he P roperty i n t he O fficial R ecords o f O range C ounty, California.
8.3 Notices.
8.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited to, t he c ommunication o f n otice, r equest, d emand, a pproval, s tatement, r eport, a cceptance, consent, w aiver, a ppointment o r o ther c ommunication r equired o r p ermitted h ereunder. A ll notices shall be in writing and shall be considered given either: (i) when delivered in person to the r ecipient n amed b elow; o r ( ii) o n t he d ate o f d elivery s hown o n t he return receipt, a fter deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next-day document delivery service (such as Federal Express), c harges p repaid a nd d elivery s cheduled n ext-day t o t he r ecipient n amed b elow, provided t hat t he s ending p arty r eceives a c onfirmation o f d elivery f rom t he d elivery s ervice provider; or (v) the first business day following the date of transmittal of any facsimile, provided confirmation of successful transmittal is retained by the sending Party; or (vi) upon transmission thereof ( as e videnced b y t he r ecipient’s r eply t o s uch n otice o r o ther c ompetent e vidence o f actual r eceipt) i f t ransmitted b y e lectronic t ransmission ( email), p rovided t hat a c opy o f s uch notice is concurrently sent by first-class mail postage prepaid. All notices shall be addressed as follows:
If to City: City of Santa Ana
Community Development Agency
20 Civic Center Plaza (M-26)
P.0. Box 1988
Santa Ana, California 92702
Attention: Housing Manager
With a copy to: Office of the City Attorney
City of Santa Ana
20 Civic Center Plaza, 7th Floor (M-29)
Santa Ana, California 92702
If to Developer: Alminlo Properties, a
55394.00101\42993417.142998272.155394.00101\42993417.142998272.1
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20 A California limited liability company
8.3.2 Change of Address. Either Party may, by notice given at any time, require subsequent n otices t o b e g iven t o a nother p erson o r e ntity, w hether a p arty o r a n o fficer o r representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.
8.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement.
8.5 Interpretation and Governing Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its f air l anguage a nd c ommon m eaning t o a chieve t he o bjectives a nd p urposes o f t he P arties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting P arty s hall n ot b e e mployed i n i nterpreting t his A greement, a ll P arties h aving b een represented by counsel in the negotiation and preparation hereof.
8.6 Section H eadings. A ll s ection h eadings a nd s ubheadings a re i nserted f or convenience only and shall not affect any construction or interpretation of this Agreement.
8.7 Singular a nd P lural. A s u sed h erein, t he s ingular o f a ny w ord i ncludes t he plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates.
8.8 Joint and Several Obligations. If at any time during the term of this Agreement the P roperty a nd/or P roject i s o wned, i n w hole o r i n p art, b y m ore t han o ne D eveloper, a ll obligations of such Developer under this Agreement shall be joint and several, and the default of any such Developer shall be the default of all such Developers.
8.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.
8.10 Computation o f D ays. U nless o therwise specified i n t his Agreement or any Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business.
8.11 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 55394.00101\42993417.142998272.155394.00101\42993417.142998272.1
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21 8.12 Non-Discrimination. I n p erforming i ts o bligations u nder t his A greement, Developer s hall n ot d iscriminate b ecause o f r ace, c olor, c reed, r eligion, s ex, g ender, g ender identity, gender expression, marital status, sexual orientation, familial status, source of income, veteran o r m ilitary s tatus, a ge, n ational o rigin, a ncestry, d isability o r g enetic i nformation, a s defined a nd p rohibited b y a pplicable l aw, i n t he r ecruitment, s election, t raining, u tilization, promotion, t ermination o r o ther r elated a ctivities. D eveloper a ffirms t hat i t i s a n e qual opportunity e mployer a nd s hall c omply w ith a ll a pplicable f ederal, s tate a nd l ocal l aws a nd regulations.
8.13 Third Party Beneficiaries. No person or entity, other than City and Developer shall have any right of action based upon any provision of this Agreement.
8.14 Force Majeure. Neither Party shall be deemed to be in default where failure or delay i n p erformance o f a ny o f i ts o bligations u nder t his A greement i s c aused b y f loods, earthquakes, other Acts of God, fires, pandemics as declared by federal, state, or local emergency resolution, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control ( including t he P arty's e mployment f orce), c ourt a ctions ( such a s r estraining o rders o r injunctions), or other causes beyond the Party's control, including delays by any governmental entity (although the City may not benefit from this provision for a delay that results from City's failure to perform its obligations under this Agreement), or an insurance company of either party.
If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance.
8.15 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions t o t he concurrent o r subsequent p erformance b y the Party benefited thereby of the covenants to be performed hereunder by such benefited Party.
8.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and t he b enefits o f t his A greement s hall i nure t o, a ll p ermitted s uccessors i n i nterest t o t he Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof.
8.17 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.
8.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or to the extent allowed by law, in the federal court district covering 55394.00101\42993417.142998272.155394.00101\42993417.142998272.1
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22 the City, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.
8.19 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the Developer of such property.
8.20 Further Actions and Instruments. Each of the Parties shall cooperate with and provide r easonable a ssistance t o t he o ther t o t he e xtent c ontemplated h ereunder i n t he performance of all obligations under this Agreement and in the satisfaction of the Project and conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such r equired i nstruments a nd w ritings a nd t ake a ny a ctions a s m ay b e r easonably n ecessary under t he t erms o f t his A greement t o c arry o ut t he i ntent and t o fulfill t he p rovisions o f t his Agreement or the Project or to evidence or consummate the transactions contemplated by this Agreement. City hereby authorizes City Manager to take such other actions and negotiate and execute a ny a dditional a greements o r a mendments t o t his a greement a s m ay b e r easonably necessary or proper to fulfill the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City.
8.21 Estoppel Certificate. Within ten (10) business days following a written request by any of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect a s m odified; a nd ( ii) e ither t here a re n o k nown c urrent u ncured d efaults u nder t his Agreement or that the responding Party alleges that specified (date and nature) defaults exist.
The s tatement s hall a lso p rovide a ny o ther r easonable i nformation r equested. T he f ailure t o timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party.
8.22 No Subordination. City's approval of the necessary land use entitlements that authorize Developer to develop, operate, and maintain the Project was based upon Developer's obligation t o p rovide t he A ffordable U nits p ursuant t o t he S tate D ensity B onus L aw, C ity Density Bonus for Affordable Housing, and the terms and conditions of this Agreement. For the duration of the Term, this Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property, the Affordable Units, or any portion thereof. Developer expressly understands and acknowledges that state law requires preservation of affordability covenants in connection with the approval of this density bonus project.
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23 8.23 Attorneys' Fees and Costs. If either Party to this Agreement commences an action a gainst t he o ther P arty t o t his A greement a rising o ut o f o r i n c onnection w ith t his Agreement, t he p revailing P arty s hall b e e ntitled t o recover reasonable a ttorneys' fees, e xpert witness fees, costs of investigation, and costs of suit from the losing Party.
8.24 Authority t o E xecute. T he p erson o r p ersons e xecuting t his A greement o n behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder.
{Signatures on following page}
55394.00101\42993417.142998272.155394.00101\42993417.142998272.1 24 PLANNING COMMISSION DRAFT
SUBJECT TO CITY COUNCIL APPROVAL
By: [NAME]
City Clerk
City Attorney
ATTEST:
RECOMMEND FOR APPROVAL: Alminlo P roperties, a C alifornia l imited liability company
APPROVED AS TO FORM:
[NAME] Alvaro Nuñez
Michael Garcia By:
IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the date set forth at the beginning of this Agreement.
Executive Director
Jennifer HallCity ClerkHall
Its:
Community Development Agency
CITY OF SANTA ANA
City Manager
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25 EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
APN:
[TO BE ADDED]
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26 EXHIBIT B
DECLARATION OF INCLUSIONARY HOUSING COVENANTS, RESALE RESTRICTIONS AND CITY’S OPTION TO PURCHASE AGREEMENT
[TO BE ADDED]
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27 EXHIBIT C
INCOME VERIFICATION FORM
[TO BE ADDED]
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28 EXHIBIT D
CERTIFICATION OF CONTINUED OCCUPANCY
[TO BE ADDED]
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29 EXHIBIT E
DISCLOSURE, ACKNOWLEDGEMENT AND ASSUMPTION AGREEMENT
[TO BE ADDED]
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O R A N G E C O U N T Y R E P O R T E R
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The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.
NOTICE OF PUBLIC HEARING
BEFORE THE SANTA ANA PLANNING
COMMISSION
The City of Santa Ana encourages the
public to participate in the decision-
making process. We encourage you to
contact us prior to the Public Hearing if
you have any questions.
Planning Commission Action
: The
Planning Commission will hold a Public
Hearing to receive public testimony and
will take action on the item described
below. Decision on this matter will be final
unless appealed pursuant to Article V of
Chapter 41 of the Santa Ana Municipal
Code within 10 calendar days of the
decision by any interested party or group.
Project Location
: 510 and 520 North
Harbor Boulevard located within the
Harbor Mixed Use Transit Corridor
Specific Plan (SP2) zoning district.
Project Applicant:
Kim Prijatel
(Applicant) representing Clark Beyer of
Alminlo Properties, LLC (Property Owner)
Proposed Project:
Applicant is
requesting approval of Vesting Tentative
Tract Map (VTTM) No. 2024-02 (County
Map No. 19328) and Density Bonus
Agreement (DBA) No. 2024-02 to allow
the construction of a 45 unit, two to three-
story residential townhouse development
for the above-mentioned properties. The
development will include five units
affordable to moderate-income
households earning 80-120 percent of the
area median income (AMI). The project
will utilize waivers and a concession from
development standards 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 15195 (Residential
Infill Exemption), as this project meets all
the thresholds criteria set forth in Section
15192 (Threshold Requirements for
Exemptions).
Meeting Details:
This matter will be
heard on Monday, December 9, 2024, at
5:30 p.m . in the City Council Chambers,
22 Civic Center Plaza, Santa Ana, CA
92701. Members of the public may
attend this meeting in person or join
via Zoom. For the most up-to-date
information on how to participate virtually
in this meeting, please visit
https://www.santa-ana.org/planning-and-
building-meeting-participation/.
Written Comments:
If you are unable to
participate in the meeting, you may send
written comments by e-mail to
[email protected]
(reference the Agenda Item # in the
subject line) or by mail to Nuvia Ocampo,
Recording Secretary, City of Santa Ana,
20 Civic Center Plaza – M20, Santa Ana,
CA 92701. Deadline to submit written
comments is 3:30 p.m. on the day of the
meeting. Comments received after the
deadline may not be distributed to the
Commission but will be made part of the
record.
Where To Get More Information
:
Additional details regarding the proposed
action(s), including the full text of the
discretionary item, may be found on the
City website 72 hours prior to the public
hearing at https://santa-
ana.primegov.com/public/portal.
Who To Contact For Questions: Should
you have any project questions, please
contact case planner Nancy Tran with the
Planning Division by phone at (714) 667-
2740 or by email at NTran5@santa-
ana.org.
Note
: If you challenge the decision on the
above matter, you may be limited to
raising only those issues you or someone
else raised at the public hearing
described in this notice, or in written
correspondence delivered to the Planning
Commission or City Council of the City of
Santa Ana at, or prior to, the public
hearing.
Si tiene preguntas en español, favor de
llamar a Nuvia Ocampo (714) 667-2732.
N u c n liên l c b ng ti ng Vi t,
xin i n tho i cho Tony Lai s (714)
565-2627.
11/29/24
OR-3874725#
CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba
NOTICE OF PUBLIC HEARING
BEFORE THE SANTA ANA PLANNING COMMISSION
The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions.
Planning Commission Action: The Planning Commission will hold a Public Hear ing to receive public testimony and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group.
Project Location: 510 and 520 North Harbor Boulevard located within the Harbor Mixed Use Transit Corridor Specific Plan (SP2) zoning district.
Project Applicant: Kim Prijatel (Applicant) representing Clark Beyer of Alminlo Properties, LLC (Property Owner)
Proposed Project: Applicant is requesting approval of Vesting Tentative Tract Map (VTTM) No. 2024- 02 (County Map No. 19328) and Density Bonus Agreement (DBA) No. 2024-02 to allow the construction of a 45 unit, two to three-story residential townhouse development for the above -mentioned properties. The development will include five units affordable to moderate-income households earning 80-120 percent of the area median income (AMI). The project will utilize waivers and a concession from development standards 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 15195 (Residential Infill Exemption), as this project meets all the thresholds criteria set forth in Section 15192 (Threshold Requirements for Exemptions).
Meeting Details: This matter will be heard on Monday, December 9, 2024, at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to -date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning-and-building-meeting-participation/.
Written Comments: If you are unable to participate in the meeting, you may send written comments by e- mail to [email protected] (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record.
Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa-ana.primegov.com/public/portal.
Who To Contact For Questions: Should you have any project questions, please contact case planner Nancy Tran with the Planning Division by phone at (714) 667-2740 or by email at [email protected].
Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in writt en correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing.
Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.
1000’ RADIUS NOTIFICATION MAP
1 Ocampo, Nuvia
From: Patrick Chien <[email protected]>
Sent: Friday, December 6, 2024 3:08 PM
To: eComments, PBA
Cc: Tran, Nancy
Subject: 12/9/2024 Planning Commission Hearing, Agenda Item #2: VESTING TENTATIVE TRACT MAP (VTTM) NO. 2024-02 AND DENSITY BONUS AGREEMENT (DBA) NO. 2024-02 FOR THE PROPERTY LOCATED AT 510 AND 520 NORTH HARBOR BOULEVARD LOCATED WITHIN THE HARBOR MIXED USE TRANS...
Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links.
Dear Chairwoman Oliva and Santa Ana Planning Commissioners, My name is Patrick Chien and I am writing to express my support for City Ventures’ proposed 45-unit residential townhouse project located at 510-520 N Harbor Blvd. As a working professional in my 30s who just purchased my first home in Santa Ana earlier this year, I support more affordable and attainable housing opportunities, along with more diverse housing options in the city. While Santa Ana is to be applauded for being ahead of the curve in approving rental housing projects versus the other 33 Orange County cities, Santa Ana still suffers from a lack of affordable for-sale housing options for first-time homebuyers. The for-sale housing shortage also hurts the local economy by making it increasingly difficult for local businesses to attract and retain workers like me.
While no one development project will be able to fully alleviate the housing crisis in Santa Ana and Orange County, more opportunities like this provide the ability for prospective first-time homebuyers like me to attain the American dream of homeownership and wealth creation. The proposed 45-unit mixed income project will also allow people who grew up in Santa Ana to find an affordable home to stay and raise their own families in the city.
On behalf of working professionals like myself, I urge you to support the approval and implementation of this mixed-income homeownership project. This will help create homeownership opportunities for Santa Ana residents and also help create a stronger local economy for our businesses.
Thank you for your attention to this matter and please do not hesitate to reach out if you require any further information.
Regards,
Patrick Chien
1 Ocampo, Nuvia
From: Elizabeth Hansburg P4H <[email protected]> Sent: Friday, December 6, 2024 4:57 PM
To: eComments, PBA; Tran, Nancy
Cc: Thai, Minh
Subject: 12/9 PC Meeting - SUPPORT Agenda Item #2 -- Townhomes on Harbor Blvd Attachments: P4H Support Letter - Santa Ana_City Ventures Townhome Project Dec 2024.pdf Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links.
Dear Ms. Oliva and Members of the Planning Commission,
Please find attached our letter in SUPPORT of the Townhome project proposed on Harbor Blvd. Thank you for your consideration of our input.
Best regards,
--
Elizabeth Hansburg
Co-Founder & Director
714-872-1418
Fighting
for
a
future
of
abundant
housing
in
Orange
County.
peopleforhousing.org
Ms.JenniferOliva,ChairSantaAnaPlanningCommission20CivicCenterPlazaSantaAna,CA92701Viaemailto: [email protected], [email protected], [email protected] Re:SUPPORTItem#2on12/9:CityVentures-45TownhomeUnitsonHarborBlvd December6,2024
DearChairOlivaandMembersoftheSantaAnaPlanningCommission, IamwritingonbehalfofPeopleforHousingOCtoexpressourstrongsupportfortheproposed45-unittownhomedevelopmentbyCityVentures,locatedonHarborBoulevardinSantaAna.
PeopleforHousingOCistheYesInMyBackyard(YIMBY)organizationforOrangeCounty,California.WerepresentOrangeCountyresidentswhosupportmoreaffordableandattainablehousingopportunitiesandmorediversehousingoptionsinourcommunities.Weareespeciallyconcernedaboutthedearthofhousingaffordabletofirst-timehomebuyers,manyofwhomarelookingforatownhome,condominium,orothermultifamilyhomeownershipopportunity.
Theproposed45-unittownhomedevelopmentbyCityVenturesonHarborBoulevardaddressesSantaAna’spressinghousingneedsbyofferingarangeoffor-salehousingoptions,includingfiveaffordableunitsformoderate-incomefamilies,therebyfillingacritical"missingmiddle"gapinthehousingmarket.Theprojectrepresentssmartgrowthbytransformingunderutilizedlandintoathoughtfullydesigned,two-tothree-storytownhousecommunity,andincreasinghousingdensityinalocationwell-supportedbyexistinginfrastructureandamenities.
Itscommitmenttoaffordabilityensuresmoderate-incomehouseholdscanachievehomeownership,fosteringsocioeconomicdiversityandequityinSantaAna.Furthermore,thedevelopmentadherestoCalifornia’sDensityBonusLawandSantaAna’sMunicipalCode,
aligningwithstateandlocalpoliciesaimedatmitigatingthehousingcrisisandpromotingsustainablegrowth.
Weunderstandthatnewdevelopmentscansometimesraiseconcernsfromneighbors.However,projectslikethisoneareessentialtocreatingthriving,diverse,andsustainablecommunities.SantaAnahasarichhistoryofwelcomingchangeandgrowth,andthisprojectalignswiththecity’sforward-thinkingapproach.
WeurgeyoutoapproveVestingTentativeTractMap(VTTM)No.2024-02andDensityBonusAgreement(DBA)No.2024-02forthisproject.Bydoingso,youwillsupportaninitiativethatnotonlyaddressesSantaAna’shousingchallengesbutalsoprovideshomeownershipopportunitiesforcurrentandfutureresidentstobuildtheirfuturesinthisvibrantcity.
ThankyouforyourconsiderationandforyourcontinuedleadershipinaddressingthehousingneedsofSantaAnaandOrangeCounty.
Sincerely,
ElizabethHansburgCofounder&Director
Fighting
for
a
future
of
abundant
housing
in
Orange
County.
peopleforhousing.org
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