Santa Ana City Council
June 3, 2025

5. VESTING TENTATIVE TRACT MAP NO. 2025-02 AND DENSITY BONUS AGREEMENT NO. 2025-02 FOR THE PROPERTY LOCATED AT 125 AND 205

SOUTH HARBOR BOULEVARD LOCATED WITHIN THE HARBOR MIXED-USED TRANSIT CORRIDOR SPECIFIC PLAN (SP2) ZONING DISTRICT.

Project Applicant:

Kim Prijatel with City Ventures Homebuilding, LLC. (Applicant) representing John Rezvani of
205 S Harbor Plaza, LLC
(Property Owner)
Proposed Project:

Applicant is requesting approval of Vesting  Tentative Tract Map No. 2025-02 (County Map No. 19329) and Density Bonus Agreement No. 2025-02 to allow the construction of a 36 unit, three-story residential townhouse development.

The development will include four units affordable to moderate-income households earning 80-120 percent of the area median income. 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), the project is within the scope of the 2014 Harbor Boulevard Mixed-Use Transit Corridor Plan Environmental Impact Report (EIR) (SCH No. 2013-061027).

Furthermore, in accordance with CEQA, the recommended action 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). Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-80, will be filed for this project.

RESOLUTION NO. 2025-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2025-02 (COUNTY MAP NO. 19329)
AS CONDITIONED
TO ALLOW A THIRTY-SIX UNIT SUBDIVISION FOR
CONDOMINIUM PURPOSES FOR THE PROPERTY LOCATED AT 125 AND 205 SOUTH HARBOR BOULEVARD (APN: 144-311-15 AND 144-311-14)

RESOLUTION NO. 2025-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING A CONCESSION AND WAIVERS OR REDUCTIONS OF
DEVELOPMENT STANDARDS PURSUANT TO STATE DENSITY BONUS LAW TO BE MEMORIALIZED IN DENSITY BONUS AGREEMENT NO. 2025-02
TO ALLOW A
THIRTY-SIX UNIT SINGLE-FAMILY ATTACHED TOWNHOME DEVELOPMENT FOR THE PROPERTY LOCATED AT 125 AND 205 SOUTH HARBOR BOULEVARD (APN: 144-311-15 AND 144-311-14)
Recommended Actions:

1. Adopt a resolution approving Vesting  Tentative Tract Map No. 2025-02 (County
Map No. 19329)
as conditioned; and

2. Adopt a resolution approving a concession and waivers or reductions in development standards as memorialized in Density Bonus Agreement No. 2025-02 as conditioned.

Planning and Building Agency

Item # 5

City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Planning Commission Staff Report
April 28, 2025

Topic: Vesting Tentative Tract Map No. 202 5-02 and Density Bonus Agreement No. 2025-02 – Santa Ana 9 Townhomes (125 and 205 S. Harbor Boulevard)

RECOMMENDED ACTIONS

1. Adopt a resolution approving Vesting Tentative Tract Map No. 202 5-02 (County Map No. 19329) as conditioned; and

2. Adopt a resolution approving a concession and waivers or reductions in development standards as memorialized in Density Bonus Agreement No. 2025-02 as conditioned.

EXECUTIVE SUMMARY

Kim Prijatel with City Ventures Homebuilding, LLC, representing property owner John Rezvani, Managing Member of 205 S Harbor Plaza, LLC, is requesting approval of a vesting tentative tract map (VTTM) and a concession and waivers or reductions of development standards (“deviations” as referenced in the SAMC) as memorialized in a density bonus agreement (DBA) to allow the construction of a 36 unit, three-story residential townhouse development for the property at 125 and 205 S. Harbor Boulevard. The development will include four (4) 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 satisfying the intent of the General Plan and Harbor Mixed Use Tr ansit 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. 2025-02 and DBA No. 2025-02 – Santa Ana 9 Townhomes (125 and 205 S. Harbor Blvd.)
April 28, 2025

DISCUSSION

Table 1: Project and Location Information
Item Information
Project Address and Council Ward 125 & 205 S. Harbor Boulevard – Ward 1 Nearest Intersection Harbor Boulevard and First Street
General Plan Designation Urban Neighborhood-50 (UN-50)
Zoning Designation Harbor Mixed Used Transit Corridor Specific Plan (SP-2) – Corridor (CDR) subzone
Surrounding Land Uses
North Commercial (restaurant, retail, personal service, office) East Santa Anita Park
South Residential (multifamily)
West Warehouse, Trade school, Manufacturing
Property Size 1.81 acres (1.44 acres net after right-of-way easements) Existing Site Development Developed with multiple buildings used for auto service/sales Use Permissions Multi-Family Residential (permitted under Harbor Mixed Use Transit Corridor Plan, as part of SB 330 request)
Zoning Code Sections Affected
Uses Article XVI.I (Density Bonus); Corridor subzone within the Harbor Mixed Use Transit Corridor Plan (SP-2);
and Chapter 34 (Subdivisions)

Background and Context

According to City permit records and historical aerial photographs, the subject site was originally utilized for agricultural-related purposes, until it was developed for automobile sales and servicing uses circa 1970. Presently, the site is still used for automobile related uses.

In October 2014, the City Council adopted the Harbor Mixed Use Transit Corridor Specific Plan (SP-2), which replaced the North Harbor Spe cific Plan and allows for a greater amount of residential, commercial, and mixed -use projec ts in the Specific Plan area .

Following the concepts and goals of the Specific Plan, in December 2023, 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 applican t revised the plans to the current proposed development.

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

VTTM No. 2025-02 and DBA No. 2025-02 – Santa Ana 9 Townhomes (125 and 205 S. Harbor Blvd.)
April 28, 2025

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 ap proval 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 dwelling units per acre (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 36 townhouse units and 9,567 square feet of open space (common and private combined).

Additionally, the applicant is proposing to merge the properties at 125 and 205 S. Harbor Boulevard through an administrative lot merger process. The development will consist of four residential buildings that are three -stories in height and will provide onsite bicycle parking. The units will include private balconies, with some offering ground floor patios. The units have been designed with families in mind, offering thirteen four-bedroom units and twenty-three three-bedroom units, and of the three-bedroom units, three are designed as live/work units. Every unit will contain a two-car garage at ground level (tuck-under building VTTM No. 2025-02 and DBA No. 2025-02 – Santa Ana 9 Townhomes (125 and 205 S. Harbor Blvd.)
April 28, 2025

design) with residential units above, and the project site will contain ten guest parking spaces, for a total of 82 parking spaces, exceeding the requirements of SP-2. 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, four units are proposed to be affordable to moderate- income 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 the California Department of Housing and Community Development (HCD). The affordable units will be two (2) three- bedroom, three -bath units and two (2) four -bedroom, four -bath units . The proposed affordable units will be 1,352 and 1,610 square feet in size and will contain full kitchens, bedrooms, bathrooms, and open/common (living) areas.

Approximately 7,616 square feet or approximately 12 percent (12%) 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 1,951-square-foot common open 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, etc.). The open space would feature a shade trellis, hardscaping materials, trees, vines, and shrubs. The proposed landscaping includes, but are not limited to, pink trumpet, 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 the scale of buildings in the area. The contemporary industrial architectural style would include stucco finish, corrugated metal, brick veneer, metal awnings, and high quality architectural detailing (e.g., exterior lighting, entry doors, fenestration, etc.).

Moreover, the residential structures are designed to fully screen all mechanical equipment within the structure, 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 tract map application to subdivide the project site into a condominium lot with 36 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. The project site has been designed to include an area VTTM No. 2025-02 and DBA No. 2025-02 – Santa Ana 9 Townhomes (125 and 205 S. Harbor Blvd.)
April 28, 2025

along Figueroa Street held under an easement for road purposes, which will need to be abandoned to be incorporated as part of the pr oject site prior to any permit issuance by the Building Safety Division. Finalization of the vesting tentative tract map is contingent upon resolving the easement status.

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 Specific Plan) Standard (Tuck –Under) Required/Allowed Provided
Density Range Typically 12-18 Units Per Acre 36 Units (20 Units Per Acre) Lot Depth 75 ft. (Minimum) 330 ft.

Lot Width 95-250 ft. 320 ft.

Height (Stories) 2-3 stories 2-3 stories
Common Open Space 15 percent of site (9,409 sq. ft.) 3 percent (1,951 sq. ft.) Private Open Space 90 sq. ft. per unit
(3,240 sq. ft. total)
Min. not provided for Units 1 & 2
7,616 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: 8.5 ft.

Interior Side: 5.2 ft. and 35 ft.

Rear: 6.25 ft.

Minimum Floor Heights 10 ft. (ground); 9 ft. (upper) 10 ft. ground; 9 ft. upper Parking Spaces
50 occupant (1.5 per unit-residential)
8 guest (0.25 per unit-residential)
3 occupant (1 per unit-live/work)
2 guest (0.5 per unit-live/work)
(63 spaces total)

State Density Bonus Ratio*
50 for 3 bedroom (1.5 per 3 bed units)
33 for 4 bedroom (2.5 per 4 bed units)
(83 total inclusive of handicap/guest)
72 occupant
10 guest
(82 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 incentives/concessions 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) .

VTTM No. 2025-02 and DBA No. 2025-02 – Santa Ana 9 Townhomes (125 and 205 S. Harbor Blvd.)
April 28, 2025

The first version of the Densit y 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.

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 1.81-acre site at 50 du/ac is 91 units. However, only 36 units are being proposed, which is well within the allowable base density. Of the total units in the development, four units are proposed to be affordable.

Therefore, the project would have an 11-percent affordability rate. As such, State density bonus law allows the developer to request a maximum density bonus of six percent (6%).

Due to the project’s 11-percent affordability rate, the developer can seek one density bonus incentive/concession and unlimited waivers, pursuant to Section 65 915 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 an d waiver s from certain SP -2 standards to facilitate development of the project. Table 3 on the following page outlines the concession and waivers requested by the applicant pursuant to Cal. Gov’t Code Sec. 65915 (e)(1).

VTTM No. 2025-02 and DBA No. 2025-02 – Santa Ana 9 Townhomes (125 and 205 S. Harbor Blvd.)
April 28, 2025

Table 3: Requested Concession and Waivers
Standard Required by SP-2 or the
SAMC
Provided
Parking Location SP-2, Ch. 3, Table 3-7. Off-Street Parking Standards (pg. 3-11) Vehicular Access
(Concession)
From alley/side street, if
present
Access from Harbor Boulevard
instead of Figueroa Street
Building Frontage SP-2, Ch. 3, Frontyard/Porch Frontage Type, 1 (pg. 3-9) Dimensions – Width (Waiver) 12 ft. min. wide symmetrical entry 4 ft. wide symmetrical entry
Setback SP-2, Ch. 3, Table 3-5. Building Placement (pg. 3-10) Public Street (Waiver) 8 ft. max. 8.5 ft.

Open Space* SP-2, Ch. 3, Table 3-9. Onsite Open Space Requirements (pg. 3- 13)
Common – Area (Waiver) 15% of lot (9,409 sq. ft.) 3% of lot (1,951 sq. ft.) Private – Area (Waiver) 90 sq. ft. per dwelling unit
(3,240 sq. ft. total)
Min. not provided for Units 1 & 2
(7,616 sq. ft. total)
Private – Dimensions
(Waiver) 6’ min. dimension Min. not provided for Units 1, 2, & 11 *Open space based on net useable parcel area

The project provides more than double the amount of private open space required—7,616 sq. ft. provided, compared to the 3,240 sq. ft. total required —demonstrating a strong commitment to creating a high-quality, livable environment. This substantial open space allocation enhances residents' outdoor experience and overall project appeal.

The requested concession and waivers address vehicular site access, minor architectural detailing, building setback, and the site’s open space. The project's site access, porch and building setback dimensions do not meet SP-2 requirements, necessitating deviations from its standards to accommodate the design. Although a reduction in open space is requested, the project benefits from its proximity to Santa Anita Park, located directly east and accessible via a pedestrian gate that the developer will provide along the Figueroa frontage.

This nearby public green space assists with compensating for the reduced on-site open space by providing residents with convenient access to outdoor recreation, thereby enhancing accessibility to recreational areas and supporting community connectivity. While some deviations are requested to meet design and access standards, the project’s generous provision of private open space and its strategic location next to Santa Anita Park collectively enhance the overall community benefits and livability of the development.

VTTM No. 2025-02 and DBA No. 2025-02 – Santa Ana 9 Townhomes (125 and 205 S. Harbor Blvd.)
April 28, 2025

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 i s 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 par t of the Harbor Mixed U se 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. 2025-02 and DBA No. 2025-02 – Santa Ana 9 Townhomes (125 and 205 S. Harbor Blvd.)
April 28, 2025

Table 4: Analysis of the Requested Concession (1) and Waivers (5)

Standard Analysis
Parking Location (Concession) SP-2, Ch. 3, Table 3-7. Off-Street Parking Standards (pg. 3-11)

Vehicular Access
SP-2 requires that vehicular access to off-street parking should be taken from the primary street unless an alley or side street is available. The project proposes vehicular access from Harbor Boulevard rather than Figueroa Street , which would be considered a side street.

Vehicular a ccess is proposed along Harbor Boulevard to address the site's limited frontage on Figueroa Street and enhance overall resident usability.

Relocating the primary access point to Harbor Boulevard ensures more functional, safe, and efficient entry for residents while improving fire protection access. Additionally, a pedestrian connection to Figueroa Street is planned to maintain foot traffic connectivity and accessibility. A redesign could necessitate reconfiguring building layouts, setbacks, and internal circulation pathways, which would result in a reduction in the overall number of market rate and affordable units. A site redesign may also result in a reduction in the overall common and private open space provided , which is al ready not meeting the required SP -2 standards as discussed in later analysis.

Building Frontage (Waiver) SP-2, Ch. 3, Frontyard/Porch Frontage Type, 1

Dimension – Width
The minimum dimensions for porch type building frontages is 12 feet in width if a symmetrical entry. None of the porches fully meet this requirement as they only provide 4 feet wide symmetrical entries.

Providing wider symmetrical entries would require substantial site revisions, reducing the number of market rate and affordable units and necessitating layout changes due to the site's width, depth, and vehicular circulation requirements.

Moreover, modifying porch widths would be infeasible and would require building reconfiguration, disrupting the effici ent floor plan, reducing interior space and bedroom counts, and impacting overall project density.

Setback (Waiver) SP-2, Ch. 3, Table 3-5. Building Placement

Public Street
The maximum building to adjacent public street right -of-way setback is eight (8) feet. The project proposes an eight and a half ( 8.5) foot setback along Harbor Boulevard and 22 foot setback along Figueroa Street.

Meeting the maximum setback requirement will affect the project’s site layout by reducing proposed common and private open space. It will limit the land available for functional outdoor areas such as the private ground floor patios along Harbor Boulevard and the interior common open space courtyard along Figueroa Street.

Modifying these setbacks to meet the eight ( 8) foot maximum would require significant reconfiguration of the building layout, potentially compromising the functionality of private patios, reducing the common courtyard space, and altering the overall design intent of the project. These larger setbacks have been designed to balance resident privacy and usable open space within the site constraints.

VTTM No. 2025-02 and DBA No. 2025-02 – Santa Ana 9 Townhomes (125 and 205 S. Harbor Blvd.)
April 28, 2025

Standard Analysis
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 9,409 sq. ft. Instead, 1,951 sq. ft. of common open space (3-percent) is provided, which is a difference of 7,458 sq. ft. or 12-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 i ncreasing development costs. To help alleviate the open space deficiency, the project proposes an average of 212 sq. ft. of private open space per unit, through private balconies/decks, far exceeding the 90 sq. ft. of private open space per unit required by the SP-2.

Although a reduction in open space is requested, the project benefits from its proximity to Santa Anita Park, located directly east and accessible via a pedestrian gate that the developer will provide along the Figueroa frontage. This nearby public green space assists with compensating for the reduced on -site open space by providing residents with convenient access to outdoor recreation, thereby enhancing accessibility to recreational areas and supporting community connectivity. The project’s generous provision of private open space and its strategic location next to Santa Anita Park collectively enhance the overall community benefits and livability of the development.

Private – Area
The minimum required private open space is 90 sq. ft. per dwelling unit. Two (2) of the 36 units do not meet this requirement, while the remaining thirty -four (34) units fulfill the minimum area required through a combination of upper balconies/decks and ground floor yards.

The most direct app roach to meeting th e minimum private open space requirement would involve extending the balconies of the two non-compliant units by at least three feet toward Harbor Boulevard, a busy and noisy thoroughfare .

This adjustment w ould not only compromise their livability but also reduce the sense of privacy for residents as balconies would be closer to the street and more exposed to public view. Furthermore, this expansion would diminish the visibility of the corner unit’s live/work space from the street. These changes would also disrupt the cohesive design rhythm and shared building plane with the other nine units along the street, creating an aesthetic imbalance that detracts from the project's overall architectural harmony.

Private –
Dimensions
Private open space minimum dimensions are 6 feet in all directions. Three (3) out of the 36 units (Units 1, 2, & 11) do not meet the minimum six (6) feet in all directions for private area.

Addressing Units 1 and 2 would involve extending their balconies toward Harbor Boulevard, a busy and noisy thoroughfare, while Unit 11 could alternatively expand its ground-floor patio closer to the street. Both solutions, however, would bring private areas nearer to the high -traffic corridor, reducing resident privacy and diminishing the corner unit’s live/work space visibility. These modifications would also disrupt the cohesive design rhythm and shared building plane with the other nine units, creating an aesthetic imbalance that undermines the project’s architectural harmony.

VTTM No. 2025-02 and DBA No. 2025-02 – Santa Ana 9 Townhomes (125 and 205 S. Harbor Blvd.)
April 28, 2025

When analyzed cumulatively, the requested concession and waivers could be avoided if the project were designed on a different site or using a different site plan. If the project were designed with a multi-level parking and/or subterranean parking structure, or if the applicant used different building materials to construct a taller project, additional area on site would become available to reconfigure vehicular access and internal circulation, comply with building setbacks, porch dimensions, and provide the minimum open space requirements.

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 relative ly smaller scale of the project.

Moreover, the changes would result in the loss of the four 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 of the SAMC.

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.

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 projec t 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 recommenda tion 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 36 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 VTTM No. 2025-02 and DBA No. 2025-02 – Santa Ana 9 Townhomes (125 and 205 S. Harbor Blvd.)
April 28, 2025

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 , density, and parking. Lastly, the applicant has requested waivers for those development standards that require deviations, as previously analyzed.

Additional conditions of approval have been included to bring the site’s landscaping, architectural design, and Covenants, Conditions and Restrictions (CC&Rs) in compliance with all applicable standards of the SAMC and the Harbor Mixed U se Transit Corridor Plan (SP -2). 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 easeme nts. Finally, the tentative tract map was found to be consistent with the California Subdivision Map Act and Chapter 34 of the Municipal Code.

The project site offers an opportunity for additional housing and development, transforming an under -utilized parcel currently used for automobile servicing and sales into a more valuable and productive use. These improvements will help to enhance the quality of life in the surrounding community by providing 36 for-sale, market -rate and affordable housing, with four 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.

General Plan Consistency

Finally, the project has been designed to be compatible with the scale of buildings 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.
o Policy LU-1.1 Compatible Uses – Foster compatibility between land uses to enhance livability and promote healthy lifestyles.
o Policy LU -1.2 Homeownership Opportunities – Support innovative development policies to expand homeownership opportunities at all income levels.
o Policy LU-1.5 Diverse Housing Types – Incentivize quality infill residential development that provides a diversity of housing types and accommodates all income levels and age groups.
 Goal LU-4: Complete Communities – Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration.

VTTM No. 2025-02 and DBA No. 2025-02 – Santa Ana 9 Townhomes (125 and 205 S. Harbor Blvd.)
April 28, 2025

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 age 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, multigenerational housing, accessory dwelling units, an d 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.

Affordable Housing Opportunity and Creation Ordinance

The project exceeds the five percent ( 5%) affordable housing requirement for the ownership category of the City’s Affordable Housing Opportunity and Creation Ordinance (AHOCO) by provid ing four (4) onsite units to be affordable to moderate-income (80- 120%) households and 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. The affordable units will be two (2) three-bedroom, three-bath units and two (2) four-bedroom, four-bath units. The proposed affordable units will be 1,352 and 1,610 square feet in size and will contain full kitchens, bedrooms, bathrooms, 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 13. In addition, staff contacted the provided contacts for the Riverview West and Santa Anita neighborhood associations to ensure VTTM No. 2025-02 and DBA No. 2025-02 – Santa Ana 9 Townhomes (125 and 205 S. Harbor Blvd.)
April 28, 2025

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 tim e the application was submitted (June 5, 2024 ). The first meeting was a combined in -person and virtual community meeting on August 8, 2024 . This meeting was publicly noticed in the O range 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 ans wer period to address concerns and collect feedback. Participants asked questions about the meaning of infill development, why the meeting was not held at Russell Elementary School, which is closer to the project site, and inquired about the date of the ne xt Sunshine meeting. However, no issues of concern were raised regarding the proposed development. One person from the community attended the meeting.

On October 1, 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 com munity organizations. The meeting included a brief presentation and summary on the project, as well as a question and answer session to address concerns and collect feedback. Key topics of discussion included project security, eligibility criteria for affo rdable units, anticipated market pricing, the sales office, parking arrangements, homeowner association ( HOA) dues, trash pickup services, and the developer's other projects in Santa Ana. Three individuals attended the meeting. Materials from both the August 8 and October 1 meetings are posted to the project’s City webpage (Exhibit 12).

ENVIRONMENTAL IMPACT

Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared and certified in 2014 in order to address the potential environmental impacts associated with the Harbor Mixed Use Corridor Specific Plan. A mitigation monitoring and reporting program (MMRP), findings of f act, and a statement of overriding consideration were adopted with the 2014 EIR.

As proposed, the development is not anticipated to have additional environmental impacts not addressed in the 2014 EIR. Furthermore, i n accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from fu rther 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:

VTTM No. 2025-02 and DBA No. 2025-02 – Santa Ana 9 Townhomes (125 and 205 S. Harbor Blvd.)
April 28, 2025

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 w ithin 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 dete rmining 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 d etermined pursuant to paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code. 1) At least 10 -percent of the housing is sold to families of moderate income, or
2) Not less than 10 -percent of the housing is rented to families of low income, or
3) Not less than 5-percent of the housing is rented families of very low income.

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

VTTM No. 2025-02 and DBA No. 2025-02 – Santa Ana 9 Townhomes (125 and 205 S. Harbor Blvd.)
April 28, 2025

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. 2024-80, will be filed for this project.

FISCAL IMPACT

There is no fiscal impact associated with this action.

EXHIBITS

1. Resolution Approving VTTM No. 2025-02 as conditioned

2. Resolution Approving DBA No. 2025-02 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:

Ali Pezeshkpour, AICP, Acting Executive Director, Planning and Building Agency

Resolution No. 2025-XX

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SANTA ANA APPROVING VESTING
TENTATIVE TRACT MAP NO. 2025-02 (COUNTY MAP NO.
19329) AS CONDITIONED TO ALLOW A THIRTY-SIX UNIT

SUBDIVISION FOR CONDOMINIUM PURPOSES FOR THE
PROPERTY LOCATED AT 125 AND 205 SOUTH HARBOR
BOULEVARD (APN: 144-311-15 & 144-311-14)

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, L LC (“Applicant”), on behalf of John Rezvani, Managing Member of the 205 S Harbor Plaza, LLC (“Property Owner”), is requesting approval of Vesting Tentative Tract Map No. 202 5-02 (County Map No. 19329) and a certain concession and waivers or reductions of certain development standards pursuant to State Density Bonus Law ( “deviations” as referenced in the SAM C) to be memorialized in a density bonus agreement (“DBA”) to allow the construction of a thirty-six unit attached townhome development, four of which are proposed as onsite moderate-income affordable units , for the property located at 125 and 205 South Harbor Boulevard (“Project”).

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 3 4-127, the Planning Commission is authorized to review and approve tentative tract maps.

F. Vesting Tentative Tract Map No. 2025-02 came before the Planning Commission of the City of Santa Ana on April, 28, 2025, 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. 2025-XX

Tentative Tract Map No. 2025-02, 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 thirty-six 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 s ubject 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 Planning Commission. The maximum unit yield for the 1.81-acre site using the UN-50 general plan density and the State density bonus is 91 units, and the applicant is proposing to develop 36 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 buildings 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.
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

Resolution No. 2025-XX

that provides a diversity of housing types and
accommodates all income levels and age
groups.
• Goal LU -4: Complete Communities – Support a
sustainable Santa Ana through improvements to the
built environment and a culture of collaboration.
o Policy LU-4.7 Diverse Communities – Promote
mixed-income developments with mixed
housing types to create inclusive communities
and economically diverse neighborhoods.
• 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.
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, trans it-oriented
housing, multigenerational 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.

Resolution No. 2025-XX

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

The proposed development is being submitted as an SB 330 application. 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 site access, building frontage dimensions, street setback dimensions, and open space area and dimensions, which shall be memorialized in a separate density bonus agreement. Lastly, a ll 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’s site is physically suitable for the type and density of the proposed Project. The proposed site consists of
approximately 1.81-acres of land and is physically suitable for the proposed development, where access to the site will be from Harbor Boulevard. 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 20 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 will not cause a ny 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

Resolution No. 2025-XX

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.

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. 2024-12.

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 roads, railroads and ditches purposes in the documents
recorded as book 77, page 342 of Deeds of Los Angeles
County, recorded July 22, 1886 as book 169, page 59 of
Deeds of Los Angeles County, recorded March 3, 1958 as
book 4216, page 542 of official records, recorded December 10, 1958 as book 4511, page 330 of official records, and recorded May 12, 1987 as 87-266370 of official records are proposed to remain. The Project’s site has been designed to include an area along Figueroa Street held under an
easement for road purposes, which will need to be
abandoned to be incorporated as part of the Project site prior to any permit issuance by the Building Safety Division.

Finalization of the vesting tentative parcel main is contingent upon resolving the easement status. Easements for a new emergency vehicle, public right-of-way dedication, and public utility easement will be recorded under the new subdivision.

The subdivision consists of thirty-six condominium air-right units along Harbor Boulevard and Figueroa streets. The
installation of all utilities will conform with the requirements stated in Section 41-626 of the Santa Ana Municipal Code.

Resolution No. 2025-XX

The conceptual design of all proposed construction for the property will not affect the right-of-way for road purposes.

Resolution No. 2025-XX

Section 2. Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared and certified in 2014 in order to address the potential environmental impacts associated with the Harbor Mixed Use Corridor S pecific Plan. A mitigation monitoring and reporting program (MMRP), findings of fact, and a statement of overriding consideration were adopted with the 2014 EIR.

As proposed, the development is not anticipated to have additional environmental impacts not addressed in the 2014 EIR. Furthermore, 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 p romotes 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 moderat e, 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. 2025-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’s 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. 2024-80, 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 fro m 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 ar bitrations, 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 cha llenge, 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 appr oved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.

Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Vesting Tentative Tract Map No. 2025-02 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 April 28, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.

Resolution No. 2025-XX

Section 5. This Resolution No. _____ for VTTM 2025-02 shall not be effective unless and until Density Bonus Agreement Application No. XXXX is approved and the Density Bonus Housing Agreement associated therewith is executed and recorded.

ADOPTED this 28th day of April 2025, by the following vote:

AYES: Commissioners:

NOES: Commissioners:

ABSENT: Commissioners:

ABSTENTIONS: Commissioners:

_______________________
Jennifer Oliva
Chairperson

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney

By:________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, NUVIA OCAMPO, Recording Secretary, do hereby attest to and certify the attached Resolution No. 202 5-XX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 28, 2025.

Date: ________________ ____________________________________ Nuvia Ocampo
Recording Secretary
City of Santa Ana

Resolution No. 2025-XX

EXHIBIT A
Conditions for Approval for Vesting Tentative Tract Map No. 2025-02

Vesting Tentative Tract Map No. 2025-02 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. 2024-12.

2. Any amendment to this Vesting Tentative Tract Map No. 202 5-02, 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 final map being recorded.

4. Applicant must submit an application for easement abandonment of the area along Figueroa Street for it to be incorporated as part of the project site prior to any permit issuance by the Building Safety Division.

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

Resolution No. 2025-XX

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

7. 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 compli ance with established landscape standards . The final landscape plan shall include a diverse selection of shade-producing canopy trees from the City's approved street tree list, ensuring the maximum possible number is incorporated.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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 t hereupon 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

Resolution No. 2025-XX

maintenance agreement shall contain covenants, conditions and restrictio ns relating to the following:
a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.);

b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses);

c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable;

d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, pub licly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable);

e. If Applicant and the owner of the proper ty are different (e.g., if the A pplicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms;

f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement;

g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and ex penses 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 propert y. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or

Resolution No. 2025-XX

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; and

h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded.

Resolution No. 2025-XX

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SANTA ANA APPROVING A CONCESSION

AND WAIVERS OR REDUCTION S OF DEVELOPMENT

STANDARDS PURSUANT T O STATE DENSITY BONUS

LAW TO BE MEMORIALIZED IN DENSITY BONUS
AGREEMENT NO. 2025-02 TO ALLOW A THIRTY-SIX UNIT

SINGLE-FAMILY ATTACH ED TOWNHOME
DEVELOPMENT FOR THE PROPERTY LOCATED AT 125
AND 205 SOUTH HARBOR BOULEVARD (APN: 144-311-15
& 144-311-14)

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, LLC (“Applicant”), on behalf of John Rezvani, Managing Member of the 205 S Harbor Plaza , LLC (“Property Owner”), is requesting approval of Vesting Tentative Tract Map No. 2025-02 (County Map No. 19329) and a concession, and waivers or reductions of certain development standards pursuant to State Density Bonus Law (“deviations” as referenced in the SAMC) to be memorialized in a density bonus agreement (“DBA”) to allow the construction of a thirty-six unit attached townhome development, four of which are proposed as onsite moderate - income affordable units, for the property located at 125 and 205 South Harbor Boulevard (“Project”).

B. California Senate Bill 330, the Housing Crisis Act of 2019 (HCA) , became effective on January 1, 2 020, 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 Us e 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. 2025-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 incentives /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 4-12.

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

H. On April 28, 2025, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral.

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. 2025-02 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 thirty-six unit single- family attached townhome devel opment, four 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 populations. The construction of this Project will contribute toward an economically balanced community by providing housing for different demographic and income levels in an area rich with employment
opportunities, commercial development, and market -rate housing.

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

Resolution No. 2025-XX

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 cons istent 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 apartments, townhomes,
garden- or motor -court homes, and neighborhood - serving commercial. The proposed density is 20 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) vehicular access; (2) frontyard/porch width for symmetrical entry ; (3) street setback dimension; ( 4) common open space area; ( 5) private open space area ; and (6) private open space
dimensions. The five deviations are described as follows:

Vehicular Access
SP-2 requires that vehicular access to off -street parking should be taken from the primary street unless an alley or side street is available. The Project proposes vehicular access from Harbor Boulevard rather than Figueroa Street, which would be considered a side street.

Vehicular a ccess is proposed along Harbor Boulevard to address the site's limited frontage on Figueroa Street and enhance overall resident usability. Relocating the primary access point to Harbor Boulevard ensures more functional, safe, and efficient entry for reside nts while improving fire protection access. Additionally, a pedestrian connection to Figueroa Street is planned to maintain foot traffic connectivity and accessibility. A redesign could necessitate reconfiguring building layouts, setbacks, and internal cir culation pathways, which would result in a reduction in the overall number of market rate and affordable units. A site redesign may also result in a reduction in the overall common and private open space provided, which is already not meeting the required SP- 2 standards.

Resolution No. 2025-XX

Frontyard/Porch Frontage – Width
The development standards in SP -2 require minimum floor heights based on the selected frontage type (e.g., forecourt, shop front, stoop, etc.). The minimum dimension for porch type building frontages is 12’ width if a symmetrical entry.

None of the porches fully meet this requirement as they only provide 4 ft wide symmetrical entries.

Providing wider symmetrical entries would require substantial site revisions, reducing the number of market rate and
affordable units and necessitating layout changes due to the site's width, depth, and vehicular circulation requirements.

Moreover, modifying porch widths would be infeasible and would require building reconfiguration, disrupting the efficient floor plan, reducing interior space and bedroom counts, and impacting overall Project density.

Setback – Public Street
The maximum building to adjacent public street right-of-way setback is 8 feet. The Project proposes an 8.5 foot setback along Harbor Boulevard and 22 foot setback along Figueroa Street.

Meeting the maximum setback requirement will affect the Project’s site layout by reducing proposed common and
private open space. It will limit the land available for functional outdoor areas such as the private ground floor patios along Harbor Boulevard and the interior common open space
courtyard along Figueroa Street. Modifying these setbacks to meet the 8 foot maximum would require significant
reconfiguration of the building la yout, potentially
compromising the functionality of private patios, reducing the common courtyard space, and altering the overall design intent of the Project. These larger setbacks have been
designed to balance resident privacy and usable open space within the site constraints.

Common Open Space – Area
Pursuant to SP-2, the minimum common open space for the Project site (net) is equal to 15 percent of the lot, or approximately 9,409 sq. ft. As proposed, the Project provides a 1,951 sq. ft. of common open space (approximately 3
percent), which is a difference of 7,458 sq. ft. or 12-percent.

Resolution No. 2025-XX

The minimum common open space requirement specified in
SP-2 is designed to offer visual relief and strengthen the 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 access. While the full 15 percent is not provided, residents will still have access to a 1,951 square foot common open space courtyard within the site’s interior. The design and layout (approx. 30 ft. x 65 ft.) of the proposed common open space would provide functional amenities to residents (e.g., picnic tables, BBQ, lounge furniture, etc.). The op en space would also feature a shade trellis, hardscaping materials, trees, and shrubs. In addition, the project benefits from its proximity to Santa Anita Park, located directly east and accessible via a pedestrian gate along the Figueroa frontage. This nearby public green space compensates for the reduced on-site open space, enhancing accessibility to recreational areas and supporting community connectivity.

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 212 sq. ft. of private open space per unit, through private balconies/decks.

Private Open Space – Area
The minimum required private open space is 90 sq. ft. per dwelling unit. Two (2) of the 36 units do not meet this requirement, while the remaining thirty-four (34) units fulfill the minimum area required through a combination of upper
balconies/decks and ground floor yards.

The most direct approach to meeting the minimum private open space requirement would involve extending the
balconies of the two non-compliant units by at least three feet toward Harbor Boulevard, a busy and noisy thoroughfare.

This adjustment would not only compromise their livability but also reduce the sense of privacy for residents as balconies would be closer to the street and more exposed to public view.

Furthermore, this expansion would diminish the visibility of the corner unit’s live/work space from the street. These changes would also disrupt the cohesive design rhythm and shared Resolution No. 2025-XX

building plane with the other nine units along the street, creating an aesthetic imbalance that detracts from the
project's overall architectural harmony.

Private Open Space – Dimensions
The minimum dimensions for private open space are 6 feet in all directions. Three (3) out of the 36 units (Units 1, 2, & 11) do not meet the minimum 6 feet in all directions for private area.

Addressing Units 1 and 2 would involve extending their balconies toward Harbor Boulevard, a busy and noisy
thoroughfare, while Unit 11 could alternatively expand its ground-floor patio closer to the street. Both solutions, however, would bring private areas nearer to the high -traffic corridor, reducing resident privacy and diminishing the corner unit’s live/work space visibility. These modifications would also disrupt the cohesive design rhythm and shared building plane with the other nine units, creating an aesthetic
imbalance that undermines the projec t’s architectural
harmony.

Section 2. Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared and certified in 2014 in order to address the potential environmental impacts associated with the Harbor Mixed Use Corridor Specific Plan . A mitigation monitoring and reporting program (MMRP), findings of fact, and a statement of overriding consideration were adopted with the 2014 EIR.

As proposed, the development is not anticipated to have additional environmental impacts not addressed in the 2014 EIR. Furthermore, 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:

Resolution No. 2025-XX

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
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 dev elopment 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. 2024-80, 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 a ny 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 arbit rations, mediations, and such Resolution No. 2025-XX

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 challe nge, 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 approve d 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 waivers 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. 2025-02 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 April 28, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.

ADOPTED this 28th day of April 2025, by the following vote:

AYES: Commissioners:

NOES: Commissioners:

ABSENT: Commissioners:

ABSTENTIONS: Commissioners:

_______________________
Jennifer Oliva
Chairperson

Resolution No. 2025-XX

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 5-XX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 28, 2025.

Date: ________________ ____________________________________ Nuvia Ocampo
Recording Secretary
City of Santa Ana

Resolution No. 2025-XX

EXHIBIT A
Conditions for Approval for Density Bonus Agreement Application No. 2025-02

The waivers or reductions of development standards (deviations) as memorialized in Density Bonus Agreement Application No. 202 5-02 are approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval:

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

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. 2024-12 and the plans presented to the Planning Commission on the date of public hearing and Project approval.

2. Any proposed amendment to the DP No. 2024-12, 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. All balconies shall be designed and constructed with adequate drainage systems to prevent water accumulation and ensure proper runoff, subject to review and approval by the Planning Division prior to issuance of building permits.

Resolution No. 2025-XX

6. 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 the maximize onsite landscaping in compliance with established landscape standards. The final landscape plan shall include a diverse selection of shade-producing canopy trees from the City's approved street tree list, ensuring the maximum possible number is incorporated.

7. 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.

8. Prior to issuance of building permits, the Applicant shall submit a c onstruction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during construction.

9. 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.

10. 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.

11. The Applicant shall install enhanced lighting within the pedestrian access proposed adjacent to the Figueroa Street. The enhanced lighting shall include pedestrian-scaled lighting along all walkways and where appropriate, wall - mounted lighting to be architecturally compatible and pedestrian scaled. The Resolution No. 2025-XX

lighting levels shall be sufficient to create a perceived sense of security and safety, and for sidewalk and street illumination.

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

13. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney, to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a property management agreement, and incorporate the form of this condition within the Project’s CC&R’ s. The agreement shall be recorded against the property by the City and shall be in a form reasonably satisfactory to the City Attorney. The executed agreement must be submitted to the Planning Division by the Applicant within 90 days of the approval of th is Resolution. The agreement shall contain covenants, conditions and restrictions relating to the following:

a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.);

b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including, but not limited to, hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses);

c. Ongoing compliance with approved design and constructio n parameters, signage parameters and restrictions as well as landscape designs, as applicable;

d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including, but not limited to, controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterio r 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 Resolution No. 2025-XX

Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms.

f. The agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the agreement.

g. The agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City.

h. The execution and recordation of the agreement shall be a condition precedent to the final map being recorded.

TM-2025-02 and DBA-2025-02, Santa Ana 9 Development
125 & 205 S. Harbor Boulevard
Exhibit 3 - Vicinity Zoning and Aerial View
© 2025 Digital Map Products. All rights reserved.

Zoning
Buffer
400 feet
4/10/25, 8:14 AM .
https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview.html 1/1 Exhibit 4 – Site Photo
Santa Ana 9
125 & 205 S. Harbor Boulevard, Santa Ana 92704

01.29.25SANTA ANA, CALIFORNIA
L-1
125/205 S. HARBOR BLVD -
Collaborative
1 P2

LIVE/WORK

LIVE/WORK

LIVE/WORK
2 P1
4 P2
5 P2L
6 P1
7 P1B
8 P2L
9 P1
10 P1
11 P2
12 P2
19 P2
20 P1
21 P2
22 P1
23 P1B
24 P2
25 P1
26 P1
27 P2
28 P2
29 P1
30 P2
31 P1
32 P1B
BLDG 4
BLDG 3
BLDG 2
BLDG 1
33 P2
34 P1
35 P1
36 P2
13 P1
14 P1B
15 P2
16 P1
17 P1
18 P2

SANTA ANITA PARK
S. HARBOR BLVD
S. FIGUEROA ST.

LEGEND
Project Entry
View Fence on Low Wall Combo with Accent Screen -
ing Vine Planting
Shade Trees
Enhanced Paving with Specimen Tree
Shade Structure with Social Gathering
Residential Access Gate to Park
Patio Fence/Gate
Concrete Walk
Transformer
Trash Enclosure
Mailbox Cluster
Bike Rack Parking
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 (Han -
droanthus impetiginosus)
Backflow Device with Removable Utility Screen
Fence
Screen Wall
1 153
2 3
4 5
6 7
8 9
10 11
12 0 10’ 20’ 40’
Scale: 1”= 20’-0”CONCEPTUAL LANDSCAPE PLAN
1 7
5 4
2 9
6 2
15 78
9 4
10 10
11 12
3 8
35’ o.c.
13 13
14 15
14 01.29.25SANTA ANA, CALIFORNIA
L-2
125/205 S. HARBOR BLVD -
Collaborative

DESIGN IMAGERY
0 1" = 30'
15 30 60

1.5 CY72"X30.5"4 CY72"X51.5"4 CY72"X51.5"1.5 CY72"X30.5"4 CY72"X51.5"4 CY72"X51.5" UP18RUP16RUP18R UP18R
UP18RUP16RUP18R UP18RUP18R
UP18RUP16RUP18R UP18RUP18R
UP18RUP18RUP18RUP18RUP18R UP18RUP18RUP18RUP16R
01" = 20'102040

1.5 CY72"X30.5"
4 CY72"X51.5"4 CY72"X51.5"1.5 CY72"X30.5"4 CY72"X51.5"4 CY72"X51.5" UP18RUP16RUP18R UP18R
UP18RUP16RUP18R UP18RUP18R
UP18RUP16RUP18R UP18RUP18R
UP18RUP18RUP18RUP18RUP18R UP16R

1.5 CY72"X30.5"
4 CY72"X51.5"4 CY72"X51.5"1.5 CY72"X30.5"4 CY72"X51.5"4 CY72"X51.5" UP18RUP16RUP18R UP18R
UP18RUP16RUP18R UP18RUP18R
UP18RUP16RUP18R UP18RUP18R
UP18RUP18RUP18RUP18RUP18R UP16R
01" = 20'102040

EXHIBIT 12

The Santa Ana - 9 Project Sunshine Ordinance Meeting Materials may be accessed at:

https://www.santa-ana.org/cityventures-mu-development/

O R A N G E C O U N T Y R E P O R T E R
OR#
~SINCE 1921~
To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are):

Daily Journal Corporation
Serving your legal advertising needs throughout California.

Mailing Address : 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841
Visit us @ www.LegalAdstore.com

NUVIA OCAMPO

CITY OF SANTA ANA/PLANNING & BUILDING AGENCY
20 CIVIC CENTER PLAZA 2ND FLR
SANTA ANA, CA 92702

GPN GOVT PUBLIC NOTICE
125 S Harbor Blvd
04/18/2025
Publication
www.capublicnotices.com
Total
$151.30
$20.00
$171.30
ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027
BUSINESS JOURNAL, RIVERSIDE (951) 784-0111
DAILY COMMERCE, LOS ANGELES (213) 229-5300
LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300
SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866
THE DAILY RECORDER, SACRAMENTO (916) 444-2355
THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486
THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747
Notice Type:

Ad Description

COPY OF NOTICE
3915533
!A000007071847!
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
: 125 and 205 South
Harbor Boulevard located within the
Harbor Mixed-Used Transit Corridor
Specific Plan (SP2) zoning district.

Project Applicant:

Kim Prijatel with City
Ventures Homebuilding, LLC. (Applicant)
representing John Rezvani of 205 S
Harbor Plaza, LLC (Property Owner)
Proposed Project:

Applicant is requesting
approval of Vesting Tentative Tract Map
No. 2025-02 (County Map No. 19329) and
Density Bonus Agreement No. 2025-02 to
construct a three-story townhouse
development for the above-mentioned
properties. The development will include
four 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), the project is within the scope of
the 2014 Harbor Boulevard Mixed-Use
Transit Corridor Plan Environmental
Impact Report (EIR) (SCH No. 2013-
061027). 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). Based on
this analysis, a Notice of Exemption,
Environmental Review No. 2024-80, will
be filed for this project.

Meeting Details:

This matter will be
heard on Monday, April 28, 2025, 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 th e 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 Kristie Ha (714)
667-2206.
4/18/25
OR-3915533#

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: 125 and 205 South Harbor Boulevard located within the Harbor Mixed-Used Transit Corridor Specific Plan (SP2) zoning district.

Project Applicant: Kim Prijatel with City Ventures Homebuilding, LLC. (Applicant) representing John Rezvani of 205 S Harbor Plaza, LLC (Property Owner)
Proposed Project: Applicant is requesting approval of Vesting Tentative Tract Map No. 2025- 02 (County Map No. 19329) and Density Bonus Agreement No. 2025 -02 to construct a three- story townhouse development for the above- mentioned properties. The development will include four 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), the project is within the scope of the 2014 Harbor Boulevard Mixed-Use Transit Corridor Plan Environmental Impact Report (EIR) (SCH No. 2013 -061027). 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). Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-80, will be filed for this project.

Meeting Details: This matter will be heard on Monday, April 28, 2025, 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 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.

Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Kristie Ha (714) 667-2206.

1000’ RADIUS NOTIFICATION MAP