Agenda packet — Santa Ana City Council, July 15, 2025 (part 3 of 12)

*Resource Name or #: Freund House
B1. Historic Name: Freund House
B2. Common Name: Same
B3. Original Use: Multiple Family Residence B4. Present Use: Multiple Family Residence *B5. Architectural Style: Mission Revival
*B6. Construction History: (Construction date, alterations, and date of alterations):

September 8, 1924. Permit to construct double apartments and garages. $6,000.

July 8, 1982. Reroof. $3,960.

June 16, 1995. Reroof. $5,100.

Unknown date. Residential unit fronting 10th Street changed addresses from 1003 North Olive Street to 915 West 10th Street.

*B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: None
B9a. Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1924 Property Type: Multiple Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Freund House is architecturally significant as an intact example of a Mission Revival style house in Santa Ana. The original building permit, for the address range 1001-1003 North Olive Street, is dated September 8, 1924 and indicates it was built as double apartments and garages, at a cost of $6,000. The original architect and builder are unknown. At an unknown date, the residential unit fronting 10th Street changed addresses from 1003 North Olive Street to 915 West 10th Street. Because of the unclear address history, city directory research was only completed for the 1001 North Olive Street address. The earliest known occupant is Charles Freund, who is listed on the original building permit for 1001 North Olive Street. City directories note Mr. Freund as the building's owner through 1926. An obituary article notes Freund was an interior decorator that had lived in Santa Ana between 1918 and 1945, the year he died (The Register, August 23, 1945). In 1927, T T Lackey and in 1930, J R Ott resided at the subject property. Mrs. K A O'Brien is listed from circa 1933-1935. Tenant Bales Redmond is noted in 1936.

By 1937, R U Smith occupied the unit. City directories note G W Wilkins from circa 1940-1945, and a newspaper article notes Wilkins remained through 1949 (The Register, March 10, 1949). There was no directory available for 1948. In 1949 Mrs. E Hollingsworth is identified as a building tenant, who remained until she died in 1956 (The Register, October 22, 1956). P V Plummer also occupied the unit in 1956 (See Continuation Sheet 3).

B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
(See Continuation Sheet 4 of 5.)
B13. Remarks: None
*B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: June 4, 2025
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
Freund House
1001 N Olive Street
N
TENTH
City Council 10 – 45 7/15/2025
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 3 ends

*Recorded by Andrea Dumovich Heywood *Date June 4, 2025  Continuation  Update DPR 523L
*P3a. Description (continued):

Both primary (west and south) facades contain one tripartite window adjacent to the front porch (Figure 4). The window is composed of a wood frame encasing two double-hung wood windows with ogee lugs and Prairie style divided upper lights that flank a large fixed wood window. The tripartite’s fixed central window on the primary (west) façade contains Prairie style divided upper lights while the primary (south) fixed window had no muntins. A shed roof clad in clay tiles projects above the tripartite window on the primary (west) façade (Figure 5). Window fenestration along the primary (south), east, and north façades include double-hung wood windows with ogee lugs and Prairie style divided upper lights (Figure 6). Additional windows include a single wood hopper window on the primary (south) façade, a fixed wood window and five double-hung wood windows without Prairie style divided lights at the north (side) façade, and two double-hung wood windows without Prairie style divided lights at the east (side) façade.

Both residential units contains a detached single-car garage, situated at the property’s north boundary. Particular to only the primary (west) façade is a wingwall porte-cochere that extends across the north driveway, containing an arched entrance for vehicular access and a smaller arched entrance, or wingwall, for pedestrians (Figure 7). The primary (south) façade’s garage parapet is joined to the main residential building, creating an illusion that it is attached to the residence. The property is landscaped with a variety of small and medium-sized vegetation and trees such as palm trees, cactus, and agave. *B10. Significance (continued):

According to city directories, 1001 N Olive Street was occupied by LM Brozenick in 1960. Two newspaper articles describe Lou Brozenick’s extensive wood working hobby. In the late 1950s through 1970s, Brozenick worked on creating a wall-sized world map made out of wood, using wood specific to each country. The project took 17 years to complete due to difficulties with obtaining directly sourced wood from each country. A 1966 article notes that Brozenick worked on this project at his apartment at 10071 Lampson, Garden Grove, after living in Santa Ana. Therefore his artistic affiliations are not related to the subject property at 1001 North Olive Street (The Register, September 11, 1966 and December 4, 1975). The years 1963-1987 do not include the subject address in the directory or the directory itself was not available for research. A newspaper article mentions Mrs. Emily Jane Hayhurst as a resident of 915 W 10th Street in 1965, who passed away that year (The Register, June 16, 1965). Historic building permits identify Joel Tardiff as building owner from at least 1975-1978. Permit history and directories reveal John Harwood owned the property from circa 1981-2003. By 2020, Steven Wayne Lively sold the property to current owners Palm Springs Deepwell Modern, LLC, represented by Kevin Shuler and Brian Stoddart. No pertinent information was uncovered regarding the former owners and tenants during the time of ownership/occupancy of 1001 North Olive Street.

The Freund House is located in Washington Square, a neighborhood located northwest of the city center bounded by West Seventeenth Street on the north, West Civic Center Drive on the south, North Flower Street on the east, and North Bristol Street on the west. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross-McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single-family homes over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War II.

During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes ("Washington Square: A Neighborhood of Pride," Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in southern California, the development of Washington Square was all but completed.

The Freund House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Mission Revival style home in Santa Ana. Located in Washington Square, the house cost $6,000 to build in 1924. The recommended categorization is “Contributive” because it contributes to the overall character and history of Washington Square and is a representative example of Mission Revival architecture in Santa Ana (Santa Ana Municipal Code, Section 30-2.2(3)).

Character-defining features of the Mission Revival style exhibited by the house include its rectangular-shaped plan; two primary (west and south) facades; asymmetrical design; parapet roof that wraps around the entire building; no extended eaves; smooth stucco cladding; main entrance to each unit located within a front porch and is composed of a single glazed wood door with a Prairie style muntin pattern; large fixed wood window with Prairie style upper divided lights; raised front porches with wide arches; tripartite window adjacent to the front porch composed of a wood frame encasing two double-hung wood windows with ogee lugs and Prairie style divided upper lights flanking a large fixed wood window; shed roof clad in clay tiles at the primary (west) façade; double-hung wood windows with ogee lugs and (some windows with or without); Prairie style divided upper lights; single hopper window on primary (south) façade; two detached single-car garages; primary (west) façade porte-cochere that extends across the north driveway, containing an arched entrance for vehicular access and a smaller arched entrance, or wingwall, for pedestrians; small and medium vegetation and landscape.

City Council 10 – 46 7/15/2025
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 4 ends

*Recorded by Andrea Dumovich Heywood *Date June 4, 2025  Continuation  Update DPR 523L
*B12. References (continued):

Ancestry.com. U.S., City Directories, 1822-1995 [database on-line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2011. _____. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2002. _____. Ancestry.com. 1940 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012.
_____. California, U.S., Marriage Index, 1960-1985 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007.

City of Santa Ana Building Permits
McAlester, Virginia Savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2013.

Newspapers.com (Santa Ana Daily Register, The Register) Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.

Sanborn maps.

Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.

City Council 10 – 47 7/15/2025
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 5 ends

*Recorded by Andrea Dumovich Heywood *Date June 4, 2025  Continuation  Update DPR 523L
Additional Figures:

Figure 2. the primary (south) façade contains the
entrance to the unit addressed as 915 West 10th Street, facing north.

Figure 3. Main entrance is composed of a single glazed
wood door with a Prairie style muntin pattern. Adjacent is a large fixed wood window with Prairie style upper
divided lights, facing east.

Figure 4. Tripartite window adjacent to the front porch, facing east.

Figure 5. A shed roof clad in clay tiles projects above the tripartite window on the primary (west) façade, facing
east.

Figure 6. Double-hung wood windows with ogee lugs and
Prairie style divided upper lights at the primary (south) façade, facing north.

Figure 7. Porte-cochere extends across the north
driveway, containing an arched entrance for vehicular
access and a smaller arched entrance, or wingwall, for
pedestrians, facing east.

City Council 10 – 48 7/15/2025

MILLS ACT AGREEMENT
1001 North Olive Street
Santa Ana, CA 92703
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.

Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:

1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.

These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.

7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.

9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with City Council 10 – 49 7/15/2025

MILLS ACT AGREEMENT
1001 North Olive Street
Santa Ana, CA 92703
- 2 -
size, scale, color, material and character of the property, neighborhood, or environment.

10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired.

City Council 10 – 50 7/15/2025
Exhibit D: Proposed Structure Improvements (“Work Plan”) 1001 North Olive Street
Item Year Improvement
1 2025 Exterior repainting with period-appropriate color palette 2 2025 Landscape improvements including trimming of plantings along primary (west and south) facades to better showcase original building features from the public rightof-way. 3 2026 General maintenance to include: wood window assessment, stucco assessment, and roof assessment of primary residence and detached garages (at roof, assess clay tiles, parapet, flashing, and primary roof for damage). Repair or replace in-kind, as needed.
4 2027 Remove non-compatible wooden garage gate and wooden pedestrian door at the rear yard along the west façade. Planning approval required for new gate and door. 5 2028 Repair west façade exterior stairs at entrance to 1001 N Olive Street: concrete repair/replacement and new paint.

Assess front porch floor at entrance to 1001 N Olive Street and repair as needed. 6 2029 Replace rear yard porch steps (between residence and detached garage at 1001 N Olive Street) with historically-compatible material.
7 2030 Conceal, relocate, or remove wire cover along east façade of 915 W 10th Street.

Assess all exposed pipes and wires throughout the property and conceal, relocate, or remove as need.
8 2031 Replace two (2) metal-frame windows at rear doors (each located at the rear entrance of each unit) with wood-frame window.

City Council 10 – 51 7/15/2025

HRCA NO. 2025-02, HRC NO. 2025-02, HPPA NO. 2025-03
1001 NORTH OLIVE STREET

FREUND HOUSE

P L A N N I N G AND B U I L D I N G A G E N C Y
500’ RADIUS
SITE
City Council 10 – 52 7/15/2025

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

GEMA ZAPIEN

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

GPN GOVT PUBLIC NOTICE
1001 North Olive Street
05/23/2025
Publication
ONLINE
www.capublicnotices.com
Total
$137.70
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ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027
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Notice Type:

Ad Description

COPY OF NOTICE
3928372
!A000007103420!
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 HISTORIC

RESOURCES COMMISSION
The City of Santa Ana encourages the
public to participate in the decisionmaking process. We encourage you to contact us prior to the Public Hearing if
you have any questions.

Historic Resources Commission
Action: The Historic Resources
Commission will hold a Public Hearing to
receive public testimony, and will take
action on the item described below. Their
decision is final unless appealed to the
City Council within 10 days of the decision
by any interested party or group.

Project Location: 1001 North Olive
Street and 915 West Tenth Street located
within the Single Family Residence (R1)
zoning district.

Project Applicant: Kevin Shuler and
Brian Stoddart (Applicant) representing
Palm Springs Deepwell Modern, LLC
(Property Owner)
Project Description: Request for
approval of Historic Resources
Commission Application (HRCA) No.
2025-02, Historic Register Categorization
(HRC) No. 2025-02, and Historic Property
Preservation Application (HPPA) No.
2025-03 to allow the placement and
categorization in the Santa Ana Register
of Historical Properties as “Contributive”
and to execute a Historic Property
Preservation Agreement with the City of
Santa Ana.

Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the topic in the subject line) or 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 questions, please contact James Williams with the Planning and Building Agency at JWilliams@santa- ana.org or 714-647-5899 or Pedro Gomez at [email protected] or 714-667-2790.

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 Historic
Resources 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 al (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.
5/23/25
OR-3928372#
City Council 10 – 53 7/15/2025

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 HISTORIC RESOURCES COMMISSION
Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group.

Project Location: 1001 North Olive Street and 915 West Tenth Street located within the Single Family Residence (R1) zoning district.

Project Applicant: Kevin Shuler and Brian Stoddart (Applicant) representing Palm Springs Deepwell Modern, LLC (Property Owner)
Project Description: Request for approval of Historic Resources Commission Application (HRCA) No. 2025-02, Historic Register Categorization (HRC) No. 2025-02, and Historic Property Preservation Application (HPPA) No. 2025-03 to allow the placement and categorization in the Santa Ana Register of Historical Properties as “Contributive” and to execute a Historic Property Preservation Agreement with the City of Santa Ana.

Meeting Details: This matter will be heard on Wednesday, June 4, 2025, at 4:30 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 www.santa-ana.org/pb/meeting-participation.

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 questions, please contact James Williams with the Planning and Building Agency at [email protected] or 714-647-5899 or Pedro Gomez at [email protected] or 714-667-2790.

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 City Council 10 – 54 7/15/2025
delivered to the Historic Resources 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 al (714) 667-2732.

Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Kristie Ha (714) 667-2206. 500’ RADIUS NOTIFICATION MAP
City Council 10 – 55 7/15/2025
City Council 10 – 56 7/15/2025
City Council 10 – 57 7/15/2025

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383
_________________________________________________________________________

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Robert James Manson and Alma Cristina Manson, Trustees, or their successors in interest, of The Robert and Alma Manson Living Trust dated March 4, 2024, and any amendments thereto, (hereinafter collectively referred to as “Owner”), owner of real property located at 1011 North Olive Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties.

RECITALS
A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.

B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1011 North Olive Street, Santa Ana, CA, 92703 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.”
C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.

D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner.

City Council 10 – 58 7/15/2025

MILLS ACT AGREEMENT
1011 North Olive Street
Santa Ana, CA 92703
- 2 -
E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.

NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows:

1. Effective Date and Terms of Agreement.

This Agreement shall be effective and commence on July 16, 2025, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below.

2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.

Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.

3. Standards and Conditions for Historic Property.

During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its characterdefining features described in the “Executive Summary” and “Historical Property Description” attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.

City Council 10 – 59 7/15/2025

MILLS ACT AGREEMENT
1011 North Olive Street
Santa Ana, CA 92703
- 3 -
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition.
c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public.
d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location.
e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement.
f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements” or “Work Plan” and the City Council Historic Property Preservation Agreement (HPPA No. 2025-04) staff report dated June 4, 2025.

All work items shall be completed within the first ten years of the Mills Act Agreement, with specific items completed within the first five years including inspecting and restoring all original wood windows and window trim; painting the non-original garage window with a trim to match the main house; fixing the uneven metal flashing at the primary and south facades; reroofing the property and addressing metal flashing concealment or replacement per discretion of Planning staff. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list.

City Council 10 – 60 7/15/2025

MILLS ACT AGREEMENT
1011 North Olive Street
Santa Ana, CA 92703
- 4 -

4. Furnishing of Information.

The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement.

5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286.

This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288.

6. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to City Council 10 – 61 7/15/2025

MILLS ACT AGREEMENT
1011 North Olive Street
Santa Ana, CA 92703
- 5 -
pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 1011 North Olive Street, Assessor Parcel Number, 405-284-11, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property.

Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument.
c. This property is listed in the Santa Ana Register of Historical Properties (Register).

In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register.

8. No Compensation.

Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property.

9. Notice.

Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto.

City: City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk
Owner: Robert James Manson and Alma Cristina Manson
The Robert and Alma Manson Living Trust
1011 N Olive Street
City Council 10 – 62 7/15/2025

MILLS ACT AGREEMENT
1011 North Olive Street
Santa Ana, CA 92703
- 6 -
Santa Ana, CA 92703

10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.

City Council 10 – 63 7/15/2025

MILLS ACT AGREEMENT
1011 North Olive Street
Santa Ana, CA 92703
- 7 -

11. Recordation.

No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange.

12. Amendments.

This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.

13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows}
City Council 10 – 64 7/15/2025

MILLS ACT AGREEMENT
1011 North Olive Street
Santa Ana, CA 92703
- 8 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk City Manager
OWNERS
Date: ___________________ By:__________________

ROBERT JAMES MANSON
Trustee of The Robert and Alma Manson
Living Trust dated March 4, 2024
Date: ___________________ By:__________________

ALMA CRISTINA MANSON
Trustee of The Robert and Alma Manson
Living Trust dated March 4, 2024
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
By: _____________________ _____________________

BRANDON SALVATIERRA ALI PEZESHKPOUR
Deputy City Attorney Executive Director
Planning and Building Agency
City Council 10 – 65 7/15/2025

MILLS ACT AGREEMENT
1011 North Olive Street
Santa Ana, CA 92703
- 9 -

EXHIBIT A

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA

ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 26 OF TRACT NO. 354, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, SHOWN ON MAP THEREOF RECORDED IN BOOK 15, PAGE(S) 26 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY.

Assessor’s Parcel Number: 405-284-11
City Council 10 – 66 7/15/2025

EXECUTIVE SUMMARY
Worswick House
1011 North Olive Street
Santa Ana, CA 92703
NAME Worswick House REF. NO.

ADDRESS 1011 North Olive Street
CITY Santa Ana ZIP 92703 ORANGE COUNTY
YEAR BUILT 1923 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT N/A NEIGHBORHOOD Washington Square
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Mission/Spanish Revival
The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadaña); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama-California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets; and stuccoed walls. The Spanish vocabulary also includes arches; asymmetry; balconies and patios; window grilles; and decorative elements of wood, wrought iron, tile, or stone.

SUMMARY/CONCLUSION:

The Worswick House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Spanish Revival style home in Santa Ana. The recommended categorization is “Contributive” because it contributes to the overall character and history of Washington Square and is a representative example of Spanish Revival architecture in Santa Ana (Santa Ana Municipal Code, Section 30-2.2(3)).

EXPLANATION OF CODES:
• California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values.
5S3: Appears to be individually eligible for local listing or designation through survey evaluation.

Exhibit B
City Council 10 – 67 7/15/2025
State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _5_ Resource name(s) or number (assigned by recorder) Worswick House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Anaheim Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 1011 North Olive Street City: Santa Ana Zip: 92703 *e. Other Locational Data: Assessor’s Parcel Number 405-284-11 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Worswick House is a one story, single-family, Spanish Revival style residence located on a moderately sized parcel in the Washington Square neighborhood (Figure 1). The asymmetrical residence exhibits a square-shaped plan with a parapet roof clad in clay tile coping that wraps around the entire building, concealing the flat, built-up roof. The roof has no extended eaves. The exterior of the house is clad in a smooth, 30/30 sand stucco finish. The primary (west) façade is divided into four bays. A Palladian wood window and arched partially enclosed patio with the building’s main entrance encompase the northern two bays. The Palladian window has what appears to be two casement windows with a centered fixed window and divided lights at all three window segments, located behind a low, wrought iron balconet (Figure 2). The main entrance door is composed of a single, wood paneled door. The southern third and fourth bays each contain a multilight casement wood window with a prominent wood sill (Figure 3). (See Continuation Sheet 3 of 5.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single family property and HP4. Ancillary Building (garage) *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (west) facade,
view northeast, January 2025
*P6. Date Constructed/Age and
Sources: historic
1923/ Original Building Permit
*P7. Owner and Address:

The Robert and Alma Manson Living
Trust dated March 4, 2024
1011 N Olive Street
Santa Ana, CA 92703
*P8. Recorded by:

Andrea Dumovich Heywood
City of Santa Ana
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:

June 4, 2025
*P10. Survey Type:

Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location
Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
City Council 10 – 68 7/15/2025
State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

Page 2 of 5 ends

*Resource Name or #: Worswick House
B1. Historic Name: Worswick House
B2. Common Name: Same
B3. Original Use: Single Family Residence B4. Present Use: Single Family Residence *B5. Architectural Style: Spanish Revival
*B6. Construction History: (Construction date, alterations, and date of alterations): January 1923. Permit to construct a residence and garage. $4,000.

November 12, 1938. Reroof by Kelly. $35.

September 28, 1939. Reroof by Holmes. $65.

December 10, 1945. Alteration to residence by Fred Warren. $150.

October 9, 1950. Reroof for O. Stevens by Holmes. $150.

June 7, 1976. Patio cover by Curtis J. Reynolds, owner. $200.

April 25, 1990. Reroof residence. $1,500.

April 25, 1990. Reroof garage. $500.

November 19, 2024. Installation of new stucco over existing stucco. New stucco finish to be a 30/30 sand finish. Entire house & 3 walls of detached garage.

*B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: None
B9a. Architect: A. H Worswick b. Builder: A. H Worswick *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1923 Property Type: Single Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Worswick House is architecturally significant as an intact example of a Spanish Revival style house in Santa Ana. The original building permit is dated January 1923 and indicates it was built as a residence and garage, at a cost of $4,000. The original architect, builder, and owner was A. H. Worswick, who is listed on the original building permit as the owner, and noted in newspaper advertisements as the property's designer and builder. A 1923 newspaper advertisement titled, "Beautiful New Spanish Bungalow," states, "This most attractive home is stuccoed with everlasting magnesite, the most approved exterior plaster. Two large porches have cement tile floors to match roofing tile…This is a truly artistic home, designed for comfort and convenience, built with care and convenience--and charmingly located" (The Register, May 3, 1923). Orange County Archives (OCA) reveal that the Worswick family generally owned the property until 1928, despite some short-lived lot transactions between the Worswicks and McFaddens. (See Continuation Sheet 3).

B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
(See Continuation Sheet 4 of 5.)
B13. Remarks: None
*B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: June 4, 2025
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
Worswick House
1011 N Olive Street
TENTH
N
City Council 10 – 69 7/15/2025
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 3 ends

*Recorded by Andrea Dumovich Heywood *Date June 4, 2025  Continuation  Update DPR 523L
*P3a. Description (continued):

Fenestration throughout the property primarily includes wood-frame, multi-light windows and doors, with the exception of a non-original partially glazed wood door with metal window frames at the rear (west) façade. Window operation consists of casement, hung, and awning types. Hung style windows throughout the residence primarily have a four-over-one style muntin pattern (Figure 4).

The property contains a one-car, detached garage at the site’s southeast corner (Figure 5). A parapet roof clad in clay tile coping wraps around the entire building, concealing the flat, built-up roof. The roof has no extended eaves. The exterior is clad in a smooth, 30/30 sand stucco finish to match the main residence. At the west (primary) façade, the garage has a pair of wooden French doors with divided lights and colorful tile trim. A single, vinyl slider window is located at the garage’s north (side) façade.

Additional architectural features include an arched decorative alter below the primary front-facing gable at the primary (west) façade, stucco-clad chimney and open patio with a partial wood trellis at the south (side) façade, two asphalt-clad shed roofs and concrete porch steps at the rear (east) façade, clay tile walkway between the sidewalk and the porch steps of the main building entrance, and clay tiles at the south patio (Figure 6 and Figure 7). The property is landscaped with a synthetic front lawn, low shrubs, palm trees and a fruit tree.
*B10. Significance (continued):

In 1924, A L Olinger moved into the subject property and is listed in city directories as the occupant through 1926. In 1927, city directories list H W Sweasy as the primary occupant and OCA note Mrs. Mason Yould also lived there that same year and through 1929. In 1928, the Worswicks sold to Ruth Marr Gay. In 1930, C E Terry is listed as another occupant in City Directories. In 1933, the tenant is noted as C I Reagan in city directories and as Donald Wolfe Massie in the OCA. From circa 1935 - 1937, E B Kruger resided at the property. In 1939, Gay sold the property to Jennie U. and Bert C. Lowen. By circa 1940, Mr. and Mrs. Ralph W DeForest, grain dealer, occupied the residence. In 1943, the Lowens sold to Thomas W. and Lucile S. Patterson, and the Patternsons sold to Joseph M. and Harry S. Burman that same year. The Burmans continued to make several land transactions amongst various Burman family members in 1943. According to OCA, in 1944 Harry Burman sold his company “A-1 Cleaners and Laundry” to his wife Ann Burman and her two brothers. At the time, A-1 Cleaners had four downtown Santa Ana locations and a production plant at Stafford and Santiago. Following the sale, Harry Burman purchased from Robert Ramsey the Dixie Castle nightclub, which was located then on Highway 101 (today known as the I-5 Freeway). In 1945, Mrs. Ann Burman is noted as the property owner in city directories. In 1945, Ann Burman and Michael Gole (partial interest owner) sold to Fred N. and Hazel R. Warren. Fred Warren, wallpaper hanger, resided at the subject property through 1947. The Warrens sold the property in 1947 to Oscar and Clara Stevens. Oscar Steven is noted as the property owner through 1968. Building occupants included Archie M. Monson, in 1959, and John J. Strizel in 1967. Stevens died in 1968 and the lot was purchased by Jean Nossum in 1972. In 1975, Nossum sold to Curtis J. and Barbara S.

Reynolds, who then sold to Steven A. and Christine M. Emmons in 1978. City directories were unavailable for the years 1963-1978. By 1983, the Emmons sold to Douglas K. and Betty J. Pinnecker who then sold to Monica M. Marchman in 1988.

One year later, Marchman sold to Paul A. Pereira and Deborah L. Poole. The house went into default and by 1995, the Federal Home Loan Mortgage Corp. sold to Alan Lee, who then sold the property to an investment company in 1998. In 1998, Ramiro and Olga Vernonica Tavares owned the property and from 1999-2003 it was owned by Raul Ramirez (later jointly owned with Michael Davis). In 2003, Deborah Ann Capalety purchased the property (later known as the Robert and Deborah Ann Capalety Trust), who remained the owner until 2022, when it was purchased by current owners Robert James and Alma Cristina Manson. No other information was uncovered.

The Worswick House is located in Washington Square, a neighborhood located northwest of the city center bounded by West Seventeenth Street on the north, West Civic Center Drive on the south, North Flower Street on the east, and North Bristol Street on the west. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross-McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single-family homes over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War II. During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes ("Washington Square: A Neighborhood of Pride," Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in southern California, the development of Washington Square was all but completed.

City Council 10 – 70 7/15/2025
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 4 ends

*Recorded by Andrea Dumovich Heywood *Date June 4, 2025  Continuation  Update DPR 523L
The Worswick House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Spanish Revival style home in Santa Ana. Located in Washington Square, the house cost $4,000 to build in 1923. The recommended categorization is “Contributive” because it contributes to the overall character and history of Washington Square and is a representative example of Spanish Revival architecture in Santa Ana (Santa Ana Municipal Code, Section 30-2.2(3)). Character-defining features of the Spanish Revival style exhibited by the house include its squareshaped plan; asymmetrical façade; parapet roof clad in clay tile coping that wraps around the entire building, concealing the flat, built-up roof; roof with no extended eaves; smooth, 30/30 sand stucco finish; primary (west) façade divided into four bays; Palladian wood window with wrought iron balconet at primary façade; arched partially enclosed patio with the building’s main entrance; main entrance door is composed of a single, wood paneled door; two multilight casement wood windows with a prominent wood sill at the primary façade; remaining fenestration including wood-frame, multi-light windows and doors with window operation consisting of casement, hung, and awning types; hung-style windows throughout the residence primarily with a four-over-one style muntin pattern; one-car, detached garage; arched decorative alter below the primary front-facing gable at the primary (west) façade; stucco-clad chimney; Hollywood driveay, and front yard lawn and landscaping. *B12. References (continued):

City of Santa Ana Building Permits
McAlester, Virginia Savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2013.

Newspapers.com (Santa Ana Daily Register, The Register) Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.

Sanborn maps.

Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.

City Council 10 – 71 7/15/2025
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 5 ends

*Recorded by Andrea Dumovich Heywood *Date June 4, 2025  Continuation  Update DPR 523L
Additional Figures:

Figure 2. Palladian window located behind a low,
wrought iron balconet, facing east.

Figure 3. The main entrance door is composed of a
single, wood paneled door. The southern third and fourth bays each contain a multilight casement wood window
with a prominent wood sill, facing northeast.

Figure 4. Hung style windows throughout the residence
primarily have a four-over-one style muntin pattern,
facing northeast.

Figure 5. A one-car, detached garage at the site’s
southeast corner, facing east.

Figure 6. Stucco-clad chimney, facing north. Figure 7. At the rear, two asphalt-clad shed roofs and concrete porch steps at the rear (east) façade, facing
west.

City Council 10 – 72 7/15/2025

MILLS ACT AGREEMENT
1011 North Olive Street
Santa Ana, CA 92703
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.

Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:

4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.

These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.

MILLS ACT AGREEMENT
1011 North Olive Street
Santa Ana, CA 92703
- 2 -
size, scale, color, material and character of the property, neighborhood, or environment.

City Council 10 – 74 7/15/2025
Exhibit D: Proposed Structure Improvements (“Work Plan”) 1011 North Olive Street
Item Year Improvement
1 2027 Inspect all windows and window trim. Ensure all windows are in good working condition. Repair or replace windows and window trim, in-kind with matching material, as needed.
2 2028 Paint the single garage window trim with a darker color to match the window frame colors on the main residence.
3 2029 Address metal flashing at roofline: Fix the uneven metal flashing at the primary front-facing gable of the west façade and along the south façade. 4 2030 Reroof built up roof at main residence and detached garage.

Metal flashing along the entire residential building shall be assessed by Planning Division staff. Potential requirement for new flashing during reroof, or complete concealment of existing flashing, per the discretion of Planning Division staff. 5 2031 Replace rear (east) door with period-appropriate door, subject to Planning Division staff review and approval.

City Council 10 – 75 7/15/2025
Planning and Building Agency
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
June 4, 2025
Topic: HRCA No. 2022-09, HRC No. 2025-03, HPPA No. 2025-04 – Worswick House (1011 North Olive Street)

RECOMMENDED ACTIONS

1. Adopt a resolution approving Historic Resources Commission Application No. 2022-09 and Historic Register Categorization No. 2025-03 (Exhibit 1); and

2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with The Robert and Alma Manson Living Trust dated March 4, 2024, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 2).

EXECUTIVE SUMMARY
Robert James Manson and Alma Cristina Manson, Trustees, or their successors in interest, of The Robert and Alma Manson Living Trust dated March 4, 2024, and any amendments thereto, are requesting approval to designate an existing Spanish Revival style single-family residence located at 1011 North Olive Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. The property qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Spanish Revival style single-family residence. It is worthy of “Contributive” categorization because it contributes to the overall character and history of the Washington Square neighborhood and is a representative example of Spanish Revival architecture in Santa Ana, including its arched entry porch, clay tile roof and roof coping, and smooth stucco, among other features.

DISCUSSION
Project Location and Site Description
The subject property is located on the east side of Olive Street, between Washington Avenue and Tenth Street, in the Washington Square neighborhood in Santa Ana. The site contains a 1,204-square-foot, Spanish Revival style single-family residence and detached garage on a 5,863-square-foot residential lot (Exhibit 3).

City Council 10 – 76 7/15/2025
HRCA No. 2022-09, HRC No. 2025-03, HPPA No. 2025-04– Worswick House (1011 North Olive Street)
June 4, 2025

Page 2 ends

Analysis of the Issues
Historical Listing
In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old.

The structure identified meets the selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 102 years old and is a sound example of period architecture. No known code violations exist on record for this property.

The Worswick House is architecturally significant as an intact example of a Spanish Revival style house in Santa Ana. The original building permit is dated January 1923 and indicates it was built as a residence and garage, at a cost of $4,000. The original architect, builder, and owner was A. H. Worswick, who is listed on the original building permit as the owner, and noted in newspaper advertisements as the property's designer and builder. A 1923 newspaper advertisement titled, "Beautiful New Spanish Bungalow," states, "This most attractive home is stuccoed with everlasting magnesite, the most approved exterior plaster. Two large porches have cement tile floors to match roofing tile…This is a truly artistic home, designed for comfort and convenience, built with care and convenience--and charmingly located" (The Register, May 3, 1923). Orange County Archives (OCA) reveal that the Worswick family generally owned the property until 1928, despite some short-lived lot transactions between the Worswicks and McFaddens. In 1924, A. L. Olinger moved into the subject property and is listed in city directories as the occupant through 1926. In 1927, city directories list H. W. Sweasy as the primary occupant and OCA notes Mrs. Mason Yould also lived there that same year and through 1929. In 1928, the Worswicks sold to Ruth Marr Gay. In 1930, C. E. Terry is listed as another occupant in city directories. In 1933, the tenant is noted as C. I. Reagan in city directories and as Donald Wolfe Massie in the OCA. From circa 1935-1937, E. B. Kruger resided at the property. In 1939, Gay sold the property to Jennie U. and Bert C. Lowen.

By circa 1940, Mr. and Mrs. Ralph W. DeForest, grain dealer, occupied the residence. In 1943, the Lowens sold to Thomas W. and Lucile S. Patterson, and the Patternsons sold to Joseph M. and Harry S. Burman that same year. The Burmans continued to make several land transactions amongst various Burman family members in 1943. According City Council 10 – 77 7/15/2025
HRCA No. 2022-09, HRC No. 2025-03, HPPA No. 2025-04– Worswick House (1011 North Olive Street)
June 4, 2025

Page 3 ends

to OCA, in 1944 Harry Burman sold his company “A-1 Cleaners and Laundry” to his wife Ann Burman and her two brothers. At the time, A-1 Cleaners had four downtown Santa Ana locations and a production plant at Stafford and Santiago streets. Following the sale, Harry Burman purchased from Robert Ramsey the Dixie Castle nightclub, which was located then on Highway 101 (today known as the I-5 Freeway). In 1945, Mrs. Ann Burman is noted as the property owner in city directories. In 1945, Ann Burman and Michael Gole (partial interest owner) sold to Fred N. and Hazel R. Warren. Fred Warren, wallpaper hanger, resided at the subject property through 1947. The Warrens sold the property in 1947 to Oscar and Clara Stevens. Oscar Steven is noted as the property owner through 1968. Building occupants included Archie M. Monson, in 1959, and John J. Strizel in 1967. Stevens died in 1968 and the lot was purchased by Jean Nossum in 1972. In 1975, Nossum sold to Curtis J. and Barbara S. Reynolds, who then sold to Steven A. and Christine M. Emmons in 1978.

City directories were unavailable for the years 1963-1978. By 1983, the Emmons sold to Douglas K. and Betty J. Pinnecker who then sold to Monica M. Marchman in 1988. One year later, Marchman sold to Paul A. Pereira and Deborah L. Poole. The house went into default and by 1995, the Federal Home Loan Mortgage Corp. sold to Alan Lee, who then sold the property to an investment company in 1998. In 1998, Ramiro and Olga Vernonica Tavares owned the property and from 1999-2003 it was owned by Raul Ramirez (later jointly owned with Michael Davis). In 2003, Deborah Ann Capalety purchased the property (later known as the Robert and Deborah Ann Capalety Trust), who remained the owner until 2022, when it was purchased by current owners Robert James and Alma Cristina Manson. No other information was uncovered.

The Worswick House is a one story, single-family, Spanish Revival style residence located on a moderately-sized parcel in the Washington Square neighborhood. The asymmetrical residence exhibits a square-shaped plan with a parapet roof clad in clay tile coping that wraps around the entire building, concealing the flat, built-up roof. The roof has no extended eaves. The exterior of the house is clad in a smooth, 30/30 sand stucco finish. The primary (west) façade is divided into four bays. A Palladian wood window and arched partially enclosed patio with the building’s main entrance encompasses the northern two bays. The Palladian window has what appears to be two casement windows with a centered fixed window and divided lights at all three window segments, located behind a low, wrought iron balconet. The main entrance door is composed of a single, wood paneled door. The southern third and fourth bays each contain a multi-light casement wood window with a prominent wood sill.

City Council 10 – 78 7/15/2025
HRCA No. 2022-09, HRC No. 2025-03, HPPA No. 2025-04– Worswick House (1011 North Olive Street)
June 4, 2025

Page 4 ends

The property contains a one-car, detached garage at the site’s southeast corner. A parapet roof clad in clay tile coping wraps around the entire building, concealing the flat, built-up roof. The roof has no extended eaves. The exterior is clad in a smooth, 30/30 sand stucco finish to match the main residence. At the west (primary) façade, the garage has a pair of wooden French doors with divided lights and colorful tile trim. A single, vinyl slider window is located at the garage’s north (side) façade.

Additional architectural features include an arched decorative alter below the primary front-facing gable at the primary (west) façade, stucco-clad chimney and open patio with a partial wood trellis at the south (side) façade, two asphalt-clad shed roofs and concrete porch steps at the rear (east) façade, clay tile walkway between the sidewalk and the porch steps of the main building entrance, and clay tiles at the south patio. The property is landscaped with a synthetic front lawn, low shrubs, palm trees and a fruit tree.

Character-defining features of the Worswick House include, but may not be limited to:
asymmetrical façade; parapet roof clad in clay tile coping that wraps around the entire building, concealing the flat, built-up roof; roof with no extended eaves; smooth, 30/30 sand stucco finish; primary (west) façade divided into four bays; Palladian wood window with wrought iron balconet at primary façade; arched partially enclosed patio with the building’s main entrance; main entrance door is composed of a single, wood paneled door; two multi-light casement wood windows with a prominent wood sill at the primary façade; remaining fenestration including wood-frame, multi-light windows and doors with window operation consisting of casement, hung, and awning types; hung-style windows throughout the residence primarily with a four-over-one style muntin pattern; one-car, detached garage; arched decorative alter below the primary front-facing gable at the primary (west) façade; stucco-clad chimney; and front yard lawn and landscaping. The Worswick House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Spanish Revival style home in Santa Ana.

Located in Washington Square, the house cost $4,000 to build in 1923. The recommended categorization is “Contributive” because it contributes to the overall character and history of Washington Square and is a representative example of Spanish Revival architecture in Santa Ana.

Mills Act Agreement
Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner’s voluntary commitment to maintain the property in a good state City Council 10 – 79 7/15/2025
HRCA No. 2022-09, HRC No. 2025-03, HPPA No. 2025-04– Worswick House (1011 North Olive Street)
June 4, 2025

Page 5 ends

of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property’s assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include:
• Long term preservation of the property and visual improvement to the neighborhood • A mechanism to provide for property rehabilitation
• Incentives for potential buyers to purchase historic structures • Discouraging inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement subject to a completion of future improvements as described in an attached Work Plan.

Overall, future improvements (Work Plan) proposed by the homeowner during the initial ten years of the Mills Act Agreement include the following: new roof and general maintenance. Staff suggests adding the following items to the Work Plan: 1) address metal flashing at roofline: fix the uneven metal flashing at the primary front-facing gable of the west façade and along the south façade; 2) inspect all windows and window trim, ensure all windows are in good working condition, and repair or replace windows and window trim, in-kind with matching material, as needed; 3) paint the single garage window trim with a darker color to match the window frame colors on the main residence; 4) during time of reroof, metal flashing along the entire residential building shall be assessed by Planning Division staff, with potential requirement for new flashing during reroof, or complete concealment of existing flashing, per the discretion of Planning Division staff; and 5) replace rear (east) door with period-appropriate door, subject to Planning Division staff review and approval. Staff will ensure that the proposed work will be done sensitively and will maintain the property’s character-defining features as part of the Mills Act Agreement for this property.

As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation.

Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement to enable the Mills Act.

City Council 10 – 80 7/15/2025
HRCA No. 2022-09, HRC No. 2025-03, HPPA No. 2025-04– Worswick House (1011 North Olive Street)
June 4, 2025

Page 6 ends

Public Notification
The subject site is located within the Washington Square Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 1,000 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2025-30, will be filed for this project.

FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $845.10 annually, for a period of not less than ten years.

EXHIBITS

1. Resolution

2. Mills Act Agreement

3. 500-Foot Radius Map

4. Copy of Public Notice
Submitted By: James Williams, Contract Planner
Approved By: Ali Pezeshkpour, AICP, Acting Executive Director, Planning and Building Agency
City Council 10 – 81 7/15/2025

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2025-XX

Page 1 of 6 ends

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE HISTORIC RESOURCES

COMMISSION OF THE CITY OF SANTA ANA APPROVING
HISTORIC RESOURCES COMMISSION APPLICATION NO.
2022-09 TO PLACE THE PROPERTY LOCATED AT 1011

NORTH OLIVE STREET, SANTA ANA, ON THE

HISTORICAL REGISTER AND APPROVING HISTORIC
REGISTER CATEGORIZATION NO. 2025-03 PLACING

SAID PROPERTY WITHIN THE CONTRIBUTIVE

CATEGORY

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

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

A. On June 4, 2025, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2022-09) and categorization (Historic Resources Commission Categorization No. 2025- 03) of the Worswick House located at 1011 North Olive Street, Santa Ana.

B. The Worswick House has distinctive architectural features of the Spanish Revival style and was built in 1923.

C. The Worswick House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Spanish Revival style home in Santa Ana. The house displays characteristics of the Spanish Revival style through its use of its arched entry porch, clay tile roof and roof coping, and smooth stucco, among other original features. The recommended categorization is “Contributive” because it contributes to the overall character and history of Washington Square and is a representative example of Spanish Revival architecture in Santa Ana. Character-defining features of the Worswick House include, but may not be limited to: its square-shaped plan; asymmetrical façade; parapet roof clad in clay tile coping that wraps around the entire building, concealing the flat, built-up roof; roof with no extended eaves; smooth, 30/30 sand stucco finish; primary (west) façade divided into four bays; Palladian wood window with wrought iron balconet at primary façade; arched partially enclosed patio with the building’s main entrance; main entrance door is composed of a single, wood paneled door; two multi-light casement wood windows with a prominent wood sill at the primary façade; remaining fenestration including wood-frame, multi-light windows and doors with window operation consisting of casement, hung, and awning types; hung-style windows City Council 10 – 82 7/15/2025

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2025-XX

Page 2 of 6 ends

throughout the residence primarily with a four-over-one style muntin pattern; one-car, detached garage; arched decorative alter below the primary frontfacing gable at the primary (west) façade; stucco-clad chimney; and front yard lawn and landscaping.

D. The legal owner of the property is Robert James Manson and Alma Cristina Manson, Trustees, or their successors in interest, of The Robert and Alma Manson Living Trust dated March 4, 2024, and any amendments thereto.

E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein.

F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code.

G. The subject property meets the minimum standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code.

H. In addition to meeting the standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code, the applicant has agreed, as part of the requested Mills Act agreement Work Plan, to restoration of select elements described therein within the first five years of the Agreement’s term, including inspecting and restoring all original wood windows and window trim; painting the non-original garage window with a trim to match the main house; fixing the uneven metal flashing at the primary and south facades; reroofing the property and addressing metal flashing concealment or replacement per discretion of Planning staff.

Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources.

Categorical Exemption No. ER-2025-30 will be filed for this project.

Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves:

A. Historic Resources Commission Application No. 2022-09 to place the Worswick House located at 1011 North Olive Street, Santa Ana, 92703 on the historical register, and
B. Historic Register Categorization No. 2025-03 placing the Worswick House located at 1011 North Olive Street, Santa Ana, 92703 within the Contributive category, as conditioned in Exhibit B, attached hereto and incorporated herein.

These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference.

City Council 10 – 83 7/15/2025

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2025-XX

Page 3 of 6 ends

Section 4. For the subject property, a report entitled “Historical Property Description” is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties.

Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder’s Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029.

ADOPTED this 4th day of June, 2025.
__________________________
Edward Murashie
Chairperson
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:________________________
Brandon Salvatierra
Deputy City Attorney

AYES:

NOES:

ABSTAIN:

NOT PRESENT:

City Council 10 – 84 7/15/2025

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2025-XX

Page 4 of 6 ends

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, GEMA ZAPIEN, Acting Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2025-XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on June 4, 2025.

Date: ________________ ____________________________________ Gema Zapien
Acting Commission Secretary
City of Santa Ana
City Council 10 – 85 7/15/2025

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2025-XX

Page 5 of 6 ends

EXHIBIT A

LEGAL DESCRIPTION
APN Address Legal Description Owner Names
405-284-11 1011 North Olive Street THE LAND REFERRED TO

HEREIN BELOW IS SITUATED

IN THE CITY OF SANTA ANA,

COUNTY OF ORANGE, STATE

OF CALIFORNIA AND IS
DESCRIBED AS FOLLOWS:

LOT 26 OF TRACT NO. 354, IN

THE CITY OF SANTA ANA,

COUNTY OF ORANGE, STATE

OF CALIFORNIA, SHOWN ON

MAP THEREOF RECORDED
IN BOOK 15, PAGE(S) 26

INCLUSIVE OF

MISCELLANEOUS MAPS, IN

THE OFFICE OF THE

COUNTY RECORDER OF
ORANGE COUNTY.

Robert James
Manson and
Alma Cristina
Manson
City Council 10 – 86 7/15/2025

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2025-XX

Page 6 of 6 ends

EXHIBIT B
Conditions of Approval for Historic Resources Commission Application No. 2022-09 and Historic Resources Commission Categorization No. 2025-03 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission’s approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below:

1. Within 180 days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 1011 North Olive Street, historically known as the Worswick House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff.

2. The applicant shall regularly maintain all landscaping in the front yard area (pruning and thinning trees and shrubs) so that the historic building and its character defining features (including but not limited to arched entry porch, clay tile roof and roof coping, Palladian window and original wood windows, and smooth stucco) are visible from the public right-of-way.

City Council 10 – 87 7/15/2025

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City Council 10 – 88 7/15/2025

NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows:

1. Effective Date and Terms of Agreement.

3. Standards and Conditions for Historic Property.

City Council 10 – 89 7/15/2025

City Council 10 – 90 7/15/2025

MILLS ACT AGREEMENT
1011 North Olive Street
Santa Ana, CA 92703
- 4 -

4. Furnishing of Information.

The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement.

8. No Compensation.

9. Notice.

Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto.

MILLS ACT AGREEMENT
1011 North Olive Street
Santa Ana, CA 92703
- 6 -
Santa Ana, CA 92703

City Council 10 – 93 7/15/2025

MILLS ACT AGREEMENT
1011 North Olive Street
Santa Ana, CA 92703
- 7 -

11. Recordation.

12. Amendments.

This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.

13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows}
City Council 10 – 94 7/15/2025

ROBERT JAMES MANSON
Trustee of The Robert and Alma Manson
Living Trust dated March 4, 2024
Date: ___________________ By:__________________

ALMA CRISTINA MANSON
Trustee of The Robert and Alma Manson
Living Trust dated March 4, 2024
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
By: _____________________ _____________________

BRANDON SALVATIERRA ALI PEZESHKPOUR
Deputy City Attorney Acting Executive Director
Planning and Building Agency
City Council 10 – 95 7/15/2025

MILLS ACT AGREEMENT
1011 North Olive Street
Santa Ana, CA 92703
- 9 -

EXHIBIT A

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA

ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

Assessor’s Parcel Number: 405-284-11
City Council 10 – 96 7/15/2025

EXECUTIVE SUMMARY
Worswick House
1011 North Olive Street
Santa Ana, CA 92703
NAME Worswick House REF. NO.

SUMMARY/CONCLUSION:

City Council 10 – 97 7/15/2025
State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _5_ Resource name(s) or number (assigned by recorder) Worswick House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Anaheim Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 1011 North Olive Street City: Santa Ana Zip: 92703 *e. Other Locational Data: Assessor’s Parcel Number 405-284-11 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Worswick House is a one story, single-family, Spanish Revival style residence located on a moderately sized parcel in the Washington Square neighborhood (Figure 1). The asymmetrical residence exhibits a square-shaped plan with a parapet roof clad in clay tile coping that wraps around the entire building, concealing the flat, built-up roof. The roof has no extended eaves. The exterior of the house is clad in a smooth, 30/30 sand stucco finish. The primary (west) façade is divided into four bays. A Palladian wood window and arched partially enclosed patio with the building’s main entrance encompase the northern two bays. The Palladian window has what appears to be two casement windows with a centered fixed window and divided lights at all three window segments, located behind a low, wrought iron balconet (Figure 2). The main entrance door is composed of a single, wood paneled door. The southern third and fourth bays each contain a multilight casement wood window with a prominent wood sill (Figure 3). (See Continuation Sheet 3 of 5.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single family property and HP4. Ancillary Building (garage) *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (west) facade,
view northeast, January 2025
*P6. Date Constructed/Age and
Sources: historic
1923/ Original Building Permit
*P7. Owner and Address:

The Robert and Alma Manson Living
Trust dated March 4, 2024
1011 N Olive Street
Santa Ana, CA 92703
*P8. Recorded by:

Andrea Dumovich Heywood
City of Santa Ana
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:

June 4, 2025
*P10. Survey Type:

Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location
Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
City Council 10 – 98 7/15/2025
State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

Page 2 of 5 ends

November 12, 1938. Reroof by Kelly. $35.

September 28, 1939. Reroof by Holmes. $65.

December 10, 1945. Alteration to residence by Fred Warren. $150.

October 9, 1950. Reroof for O. Stevens by Holmes. $150.

June 7, 1976. Patio cover by Curtis J. Reynolds, owner. $200.

April 25, 1990. Reroof residence. $1,500.

April 25, 1990. Reroof garage. $500.

November 19, 2024. Installation of new stucco over existing stucco. New stucco finish to be a 30/30 sand finish. Entire house & 3 walls of detached garage.

B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
(See Continuation Sheet 4 of 5.)
B13. Remarks: None
*B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: June 4, 2025
DPR 523B (1/95) *Required information
Sketch Map
(This space reserved for official comments.)
Worswick House
1011 N Olive Street
TENTH
N
City Council 10 – 99 7/15/2025
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 3 ends

*Recorded by Andrea Dumovich Heywood *Date June 4, 2025  Continuation  Update DPR 523L
*P3a. Description (continued):

City Council 10 – 100 7/15/2025
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 4 ends

City of Santa Ana Building Permits
McAlester, Virginia Savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2013.

Newspapers.com (Santa Ana Daily Register, The Register) Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.

Sanborn maps.

Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.

City Council 10 – 101 7/15/2025
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 5 ends

*Recorded by Andrea Dumovich Heywood *Date June 4, 2025  Continuation  Update DPR 523L
Additional Figures:

Figure 2. Palladian window located behind a low,
wrought iron balconet, facing east.

Figure 4. Hung style windows throughout the residence
primarily have a four-over-one style muntin pattern,
facing northeast.

Figure 5. A one-car, detached garage at the site’s
southeast corner, facing east.

Figure 6. Stucco-clad chimney, facing north. Figure 7. At the rear, two asphalt-clad shed roofs and concrete porch steps at the rear (east) façade, facing
west.

City Council 10 – 102 7/15/2025

MILLS ACT AGREEMENT
1011 North Olive Street
Santa Ana, CA 92703
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.

Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:

4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.

These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.

MILLS ACT AGREEMENT
1011 North Olive Street
Santa Ana, CA 92703
- 2 -
size, scale, color, material and character of the property, neighborhood, or environment.

City Council 10 – 104 7/15/2025
Exhibit D: Proposed Structure Improvements (“Work Plan”) 1011 North Olive Street
Item Year Improvement
1 2027 Inspect all windows and window trim. Ensure all windows are in good working condition. Repair or replace windows and window trim, in-kind with matching material, as needed.
2 2028 Paint the single garage window trim with a darker color to match the window frame colors on the main residence.
3 2029 Address metal flashing at roofline: Fix the uneven metal flashing at the primary front-facing gable of the west façade and along the south façade. 4 2030 Reroof built up roof at main residence and detached garage.

City Council 10 – 105 7/15/2025

HRCA NO. 2022-09, HRC NO. 2025-03, HPPA NO. 2025-04
1011 NORTH OLIVE STREET

WORSWICK HOUSE

P L A N N I N G AND B U I L D I N G A G E N C Y
500’ RADIUS
SITE
City Council 10 – 106 7/15/2025

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

GEMA ZAPIEN

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

GPN GOVT PUBLIC NOTICE
1011 North Olive Street
05/23/2025
Publication
www.capublicnotices.com
Total
$136.00
$20.00
$156.00
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
3928376
!A000007103422!
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 HISTORIC

RESOURCES COMMISSION
The City of Santa Ana encourages the
public to participate in the decisionmaking process. We encourage you to contact us prior to the Public Hearing if
you have any questions.

Project Location: 1011 North Olive
Street located within the Single Family
Residence (R1) zoning district.

Project Applicant: Robert James
Manson and Alma Cristina Manson, with
The Robert and Alma Manson Living
Trust dated March 4, 2024 (Property
Owner & Applicant)
Project Description: Request for
approval of Historic Resources
Commission Application (HRCA) No.
2022-09, Historic Register Categorization
(HRC) No. 2025-03, and Historic Property
Preservation Application (HPPA) No.
2025-04 to allow the placement and
categorization in the Santa Ana Register
of Historical Properties as “Contributive”
for the above mentioned property and to
execute a Historic Property Preservation
Agreement with the City of Santa Ana.

Environmental Impact: Pursuant to the
California Environmental Quality Act
(CEQA) and the CEQA Guidelines, the
project is exempt from further review
under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER- 2025-30 will be filed for this project. Meeting Details: This matter will be heard on Wednesday, June 4, at 4:30 p.m. in the City Council Chamber, 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 www.santa-ana.org/pb/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 topic in the subject line) or 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 questions, please contact James Williams with the Planning and Building Agency at JWilliams@santa- ana.org or 714-647-5899 or Pedro Gomez at [email protected] or 714-667-2790. 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 Historic
Resources 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 al (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.
5/23/25
OR-3928376#
City Council 10 – 107 7/15/2025

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

Project Location: 1011 North Olive Street located within the Single Family Residence (R1) zoning district.

Project Applicant: Robert James Manson and Alma Cristina Manson, with The Robert and Alma Manson Living Trust dated March 4, 2024 (Property Owner & Applicant)
Project Description: Request for approval of Historic Resources Commission Application (HRCA) No. 2022-09, Historic Register Categorization (HRC) No. 2025-03, and Historic Property Preservation Application (HPPA) No. 2025-04 to allow the placement and categorization in the Santa Ana Register of Historical Properties as “Contributive” for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana.

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.

City Council 10 – 108 7/15/2025
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 Historic Resources 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 al (714) 667-2732.

Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Kristie Ha (714) 667-2206. 500’ RADIUS NOTIFICATION MAP
City Council 10 – 109 7/15/2025
City Council 10 – 110 7/15/2025
City Council 10 – 111 7/15/2025
Planning and Building Agency
www.santa-ana.org/pb
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 15, 2025
TOPIC: The Village Santa Ana Specific Plan – ALUC Overrule Initiation (1561 W.

Sunflower Avenue)

AGENDA TITLE
Authorize the Planning Division to Prepare and Provide Notice to the County of Orange Airport Land Use Commission (ALUC) in Accordance with Public Utilities Code Section 21676(b) for The Village Santa Ana Specific Plan Located at 1561 W. Sunflower Avenue Currently Undergoing Public Review and Entitlements Processing with the City

RECOMMENDED ACTION
Adopt a resolution authorizing the Planning Division to initiate the preparation and drafting of findings and determination overruling the County of Orange Airport Land Use Commission’s Determination of Inconsistency associated with the proposed The Village Santa Ana Specific Plan located at 1561 W. Sunflower Avenue and to provide notice in accordance with Section 21676(b) of the Public Utilities Code to the County of Orange Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics.

RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA AUTHORIZING THE PLANNING DIVISION TO INITIATE

THE PREPARATION AND DRAFTING OF FINDINGS IN SUPPORT OF OVERRULLING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION OF

INCONSISTENCY ASSOCIATED WITH THE PROPOSED THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT LOCATED AT 1561 WEST SUNFLOWER AVENUE AND

TO PROVIDE NOTICE OF INTENT TO OVERRULE THE AIRPORT LAND USE COMMISSION’S DETERMINATION IN ACCORDANCE WITH SECTION 21676(B) OF

THE PUBLIC UTILITIES CODE TO THE COUNTY OF ORANGE AIRPORT LAND USE

COMMISSION AND THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION’S DIVISION OF AERONAUTICS AT LEAST 45 DAYS PRIOR TO

THE FUTURE PUBLIC HEARING DATE FOR THE PROPOSED PROJECT AND PROPOSED OVERRULING ACTION BY THE CITY COUNCIL [includes determination that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15061(b)(3) of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly.] City Council 11 – 1 7/15/2025
The Village Santa Ana Specific Plan – ALUC Overrule Initiation (1561 W. Sunflower Avenue)
July 15, 2025

Page 2 ends

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
Pursuant to Public Utility Code (PUC) Section 21676(b), prior to the amendment of a general plan or specific plan, or the adoption or approval of a zoning ordinance or building regulation within the planning boundary established by the Orange County Airport Land Use Commission (ALUC) pursuant to Sections 21676 and 21676.5 of the PUC for the John Wayne Airport (JWA), the City shall first refer the proposed action to ALUC. If ALUC determines that the proposed action is inconsistent with the JWA Airport Environs Land Use Plan (AELUP), the City may, after a public hearing, propose to overrule the Commission’s determination by a two-thirds vote of the City Council if it makes specific consistency findings in accordance with PUC Section 21670.

Adhering to this procedure, it is standard practice for the City to refer projects governed by PUC Section 21676(b) under the AELUP to the ALUC for their review and determination during the project review phase. The City referred the proposed specific plan to ALUC for their review and determination because the project is located within the AELUP. On June 19, 2025, ALUC held a public hearing on the proposed project and found The Village Santa Ana Specific Plan to be inconsistent with the AELUP for JWA pursuant to AELUP Sections 2.1.3 and 3.2.1 and Public Utilities Code (PUC) Section 21674.

These sections empower the ALUC “to assist local agencies in ensuring compatible land uses in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses” and “to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare.” As a final review authority on legislative acts for land use matters within the City, the City Council may choose to overrule the ALUC’s decision by following the procedure established in PUC sections 21676 and 21676.5. Before the decision to overrule the ALUC’s Determination of Inconsistency may take place, the City Council must adopt a resolution that authorizes initiation of the two-step overrule process.

The first step in the overrule process is to provide notice to ALUC and the California Department of Transportation (Caltrans) Division of Aeronautics of the City’s intention to overrule the ALUC’s determination by providing the two agencies with a Notice of Intent at least 45 days in advance of the overruling action by the City Council. In turn, ALUC may provide comments to the City Council within 30 days of receiving the Notice of Intent.

If ALUC's comments are not available within this time limit, the City Council may act without them.

The comments by ALUC are advisory to the City Council. However, should comments be received, the City Council must include comments from ALUC in the public record of any final decision to overrule ALUC. The second step in the overrule process is to conduct a City Council 11 – 2 7/15/2025
The Village Santa Ana Specific Plan – ALUC Overrule Initiation (1561 W. Sunflower Avenue)
July 15, 2025

Page 3 ends

public hearing through which the City Council needs to make specific findings that the proposed overruling is consistent with the purposes stated in PUC Section 21670.

The City Council’s adoption of this resolution is procedural and does not constitute the project’s approval, nor does it predispose the City’s future action on the project or the decision to overrule or not. Following the date of adoption of the resolution, there is no maximum time limit by which the City Council must hold the public hearing on the proposed project and overrule the ALUC’s determination. As a result, the recommendation to approve the resolution authorizing the Planning Division to initiate the preparation and drafting of findings and determination overruling the County of Orange Airport Land Use Commission’s Determination of Inconsistency does not set forth any required timeframes for future hearing dates and actions.

ENVIRONMENTAL IMPACT
The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, as the proposed action will not have a significant effect on the environment.

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

EXHIBITS

1. Resolution Authorizing Staff to Provide Notice of Intent to Overrule

2. Draft Notice of Intent with Findings to Overrule ALUC’s Determination Submitted By: Ali Pezeshkpour, AICP, Executive Director, Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager
City Council 11 – 3 7/15/2025
Resolution No. 2025-XXX

Page 1 of 4 ends

RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA AUTHORIZING THE PLANNING DIVISION TO

INITIATE THE PREPARATION AND DRAFTING OF

FINDINGS IN SUPPORT OF OVERRULING THE ORANGE

COUNTY AIRPORT LAND USE
COMMISSION’SDETERMINATION OF INCONSISTENCY

ASSOCIATED WITH THE PROPOSED THE VILLAGE
SANTA ANA SPECIFIC PLAN PROJECT LOCATED AT 1561

WEST SUNFLOWER AVENUE AND TO PROVIDE NOTICE

OF INTENT TO OVERRULE THE AIRPORT LAND USE
COMMISSION’S DETERMINATION IN ACCORDANCE
WITH SECTION 21676(B) OF THE PUBLIC UTILITIES

CODE TO THE COUNTY OF ORANGE

AIRPORT LAND USE COMMISSION AND THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION’S
DIVISION OF AERONAUTICS AT LEAST 45 DAYS PRIOR

TO THE FUTURE PUBLIC HEARING DATE FOR THE

PROPOSED PROJECT AND PROPOSED OVERRULING

ACTION BY THE CITY COUNCIL

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

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

A. On June 19, 2025, the County of Orange Airport Land Use Commission (ALUC) held a public hearing on the above-referenced project and found the proposed The Village Santa Ana Specific Plan (“Project”) located at 1561 West Sunflower Avenue to be inconsistent with the 2008 Airport Environs Land Use Plan (“AELUP”) for John Wayne Airport (“JWA”) pursuant to AELUP Sections 2.1.3 and 3.2.1 and Public Utilities Code (“PUC”) Section 21674.

B. PUC Section 21674 empowers the ALUC “to assist local agencies in ensuring compatible land uses in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses,” and “to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare.”
C. As a final review authority on legislative acts for land use matters within the City, the City Council may choose to overrule the ALUC’s decision by following the City Council 11 – 4 7/15/2025
Resolution No. 2025-XXX

Page 2 of 4 ends

procedure established in PUC sections 21676 and 21676.5. Before the decision to overrule the ALUC’s Determination of Inconsistency may take place, the City Council must adopt a resolution that authorizes initiation of the two-step overrule process.

D. At least 45 days prior to any decision to overrule ALUC, the governing body shall provide ALUC and the State Department of Transportation (Caltrans) Division of Aeronautics a copy of the proposed decision to overrule along with supportive findings. ALUC may provide comments to the City Council within 30 days of receiving the proposed decision and findings. If ALUC’s comments are not available within this time limit, the City Council may act without them. Should comments be received, the City Council must include the comments from ALUC in the public record of any final decision to overrule ALUC. This decision shall be determined at a public hearing to make the specific findings that the proposed overruling is consistent with the purposes stated in PUC Section 21670.

E. Staff is hereby directed to conduct further studies as necessary in order to draft and provide notice of the findings in support of the overrule. The 45-day period will begin after staff has forwarded the intent to overrule along with the supportive findings.

F. The Council’s adoption of this Resolution is procedural and does not constitute the proposed Project’s approval nor does it predispose the City’s future action on the Project or any decision to overrule.

G. Should the Council adopt this Resolution directing staff to conduct further studies as necessary in order to make the findings in support of the overrule, a public hearing will be required for Council consideration of the final supplemental environmental impact report, and any associated entitlement applications, for the Project.

Section 2. The City Council finds that the requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15061(b)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly. Specifically, the resolution does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment because it is limited to the City's proposal to overrule the ALUC's determination and does not commit the City to approve the Project. Concurrent with the review of the proposed Specific Plan, supplemental Environmental Impact Report No. 2025-01 (State Clearinghouse No. 2020029087) has been prepared for the proposed Specific Plan as a whole and will be presented to the City Council for consideration, along with the requested zoning ordinance amendment and amendment application, at a future hearing date.

City Council 11 – 5 7/15/2025
Resolution No. 2025-XXX

Page 3 of 4 ends

Section 3. The City Council directs staff to forward a letter to the ALUC and Caltrans Division of Aeronautics, indicating the City of Santa Ana’s intent to overrule ALUC’s determination of inconsistency for the Project.

Section 4. The City Council directs staff to conduct further studies, as necessary, in order to prepare and forward findings to the ALUC and Caltrans Division of Aeronautics in support of the City’s intent to overrule the ALUC’s determination that the proposed Project is inconsistent with the JWA AELUP.

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

ADOPTED this day of , 2025.

Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:

Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
City Council 11 – 6 7/15/2025
Resolution No. 2025-XXX

Page 4 of 4 ends

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

Date:

City Clerk
City of Santa Ana
City Council 11 – 7 7/15/2025

MAYOR CITYMANAGER
ValerieAmezcua AlvaroNuñez

MAYORPROTEM CITYATTORNEY
BenjaminVazquez SoniaR. Carvalho

COUNCILMEMBERS CITYCLERK
PhilBacerra JenniferL. Hall
JohnathanRyanHernandez
JessieLopez
DavidPenaloza
ThaiVietPhan CITYOFSANTAANA

PLANNING AND BUILDING AGENCY
www.santa-ana.org
JulyXX, 2025
Alsosentviaemailto: [email protected]
JulieFitch
OrangeCountyAirportLandUseCommission
3160AirwayAvenue
RE: NOTICEOFINTENTTOOVERRULE THEDETERMINATION OFINCONSISTENCY FORTHEVILLAGE SANTAANASPECIFIC PLANPROPOSED AT1561WEST

SUNFLOWER AVENUE
Thepurpose ofthisletteristoinformyouoftheCityofSantaAna’sintention torecommend that theSantaAnaCityCounciladopttheattached findings tooverrule theJune , 2025, Airport LandUseCommission’s (“ALUC”) determination ofinconsistency fortheVillageSantaAna SpecificPlan (“Project”) withtheAirportEnvirons LandUsePlan (“AELUP”) forJohnWayne Airport (“JWA”).

OnJuly15, 2025, theSantaAnaCityCouncilmetand (1) approved issuingaNoticeofIntentto Overrule and (2) determined togivenoticetotheALUCofitsdecision tooverrule asrequired by California PublicUtilitiesCode (“PUC”
tooverrule andsubmitstheattacheddraft bitA) forreview. PUC theCalifornia Department ofTransportation (Caltrans), Aeronautics Division, andALUCatleast 45dayspriortothefinaldecision tooverrule. Afternotification, Caltrans andALUChave30days fromthereceiptofnoticetoprovideadvisory comments totheCity. thistime, theproposedProject hasnotbeenscheduled forpublichearingbeforetheSantaAna CityCouncil.

SANTAANACITYCOUNCIL
ValerieAmezcua BenjaminVazquezThai VietPhan JessieLopez PhilBacerra Johnathan RyanHernandezDavid Penaloza Mayor MayorProTem - Ward2 Ward1 Ward3 Ward4 Ward5 Ward6 [email protected] City Council [email protected] [email protected] jessielopez@santa-ana. 11 – org [email protected] jryanhernandez@santa- 7/15/2025 ana.org [email protected] NoticeofIntenttoOverrule & DraftFindings –TheVillageSantaAnaSpecificPlan (1561W.

Sunflower Avenue)
JulyXX, 2025
Page2of2
Shouldyouhaveanyquestions regarding thisnoticeand/orontheproposedProject, pleasefeel freeto - [email protected].
youforyourpromptattention onthismatter.

Sincerely,
JerryC. Guevara, AICP
SeniorPlanner
A: DraftFindings toOverruleALUC’sDetermination
City Council 11 – 9 7/15/2025
ExhibitA: DraftALUCOverrule Findings – TheVillageSantaAnaSpecificPlan (1561W.

Sunflower Avenue)
Page1of10
A. TheCityofSantaAnaisrequired toprovidefindingssupporting theoverrule of theOrangeCountyAirportLandUseCommission (“ALUC”) determination as required intheCalifornia PublicUtilitiesCode (“PUC”) Section21676(b). Based onthefollowing FindingsofFactandtheassociated substantial evidence inthe publicrecord, theproposed actionbytheCityonTheVillageSantaAnaSpecific PlanProject (“Project”) atthenortheast cornerofWestSunflowerAvenue and BearStreet, transected bySouthPlazaDrive (1561W. Sunflower Avenue ProjectStreet")) andrelatedzoningchange (amendment application) are consistent withthepurposesoftheStateAeronautics ActasstatedinPUC Section 21670.

B. The proposed Projectprovides fortheorderlydevelopment of JohnWayne Airport (“JWA”), anditssurrounding areaandpromotes theoverallgoalsand objectives oftheStatenoisestandards byavoiding newnoiseandsafety problems, andprotecting thepublichealth, safetyandwelfarethroughthe adoption oflandusemeasures thatminimize thepublic’sexposure toexcessive noiseandsafetyhazards to the extent that this area is not already devoted to incompatible uses. This Projectwouldnotaddanynewresidential or commercial noiseimpacts tothe JWA65dBACommunity NoiseEquivalent Level CNEL”) noisearea.

C. Itisinthepublicinterestto providefortheorderly development ofeachpublic useairportinthe StateofCalifornia (“State”) andtheareasurrounding these airports soasto promote theoverallgoalsandobjectives oftheState airport noise standards adopted pursuant toPUCSection21669andto preventthe creation ofnewnoiseandsafetyproblems.

D. Toprovidefortheorderlydevelopment ofJWAandtheareasurrounding the airport, theALUCadopted the2008AirportEnvirons LandUsePlan (“AELUP”) onApril17, 2008. TheAELUPguidesdevelopment proposals toprovidefor orderly development oftheairportandtheareasurrounding theairportthrough implementation ofthestandards inSection2.1 (aircraftnoise, safetycompatibility zones, buildingheightrestrictions).

E. TheALUCisrequired tousetheStateAirportLandUsePlanning Handbook Handbook") thatwasupdated bytheCalifornia Department ofTransportation, DivisionofAeronautics (“Caltrans”) in2011. TheAELUPforJWAhasnotbeen updated toincorporate theHandbook norhasitbeenupdated withinformation abouttheoperation andenvironmental effectsofJWAasreflected initsmost recentFinalEnvironmental ImpactReport (“EIR”) certifiedbytheOrangeCounty BoardofSupervisors onJune25, 2019 forthe General AviationImprovement Program (“GAIP”).

City Council 11 – 10 7/15/2025
ExhibitA: DraftALUCOverrule Findings – TheVillageSantaAnaSpecificPlan (1561W.

Sunflower Avenue)
Page2of10
F. AstheProjectproposesazonechangeandadoption ofaSpecificPlan, and pursuant toPUCSection21676,theCityofSantaAnareferred theproposed Project totheALUCforreview.

G. TheALUChasadoptedFARPart77asthecriteriafordetermining height restrictions inOrangeCounty. FARPart77requires notification totheFederal AviationAdministration (“FAA”) foranyprojectthatwouldbemorethan200feet inheightabovegroundlevelorwithintheimaginary surfaceofa100:1slope extending outward for20,000feetfromthenearestrunway. TheProjectSiteis locatedwithinthe206-foot-highimaginary surfaceareaforJWA, thusrequiring FAAnotification. Theproposed mixed-usebuildings thatareapartoftheProject wouldbeamaximum of25storieshigh, withthetallestpointonthebuildings being315feetabovetheexistingground level.

H. OnJune19, 2025, theCityofSantaAnapresented theProject totheALUCfora determination ofconsistency withtheJWAAELUP. TheALUCstaffreportforthat hearing foundthattheproposedProjectisconsistent with AELUPissues of aircraftnoise, flighttracksandsafety, andheliports. Thestaffreportnotedthat withregardtoAELUPissuesofheightrestrictions, theProjectisinconsistentper Section 2.1.3oftheAELUP, whichstatesthat “aDetermination ofNoHazard to AirNavigation doesnotautomatically equatetoaConsistency determination by theALUCandthattheCommission mayfindaprojectInconsistent basedonan Obstruction determination”, andSection3.2.1oftheAELUP, whichstatesthat withintheboundaries oftheAELUP, anylandusemaybefoundtobe inconsistent withtheAELUPwhich…permits structures ofexcessive heightin areaswhichwouldaffectadversely thecontinued operation oftheairport; or permitactivitiesorfacilities thatwouldaffectadversely aeronautical operations.” TheproposedProjectwouldallowbuildings upto25storiesand/or315 feet, whichwouldpenetrate theFARPart77Horizontal Obstruction Imaginary Surface forJWA.

I. OnJune19, 2025, theALUCheldapublichearingand, byunanimous vote, adopted aresolution findingtheProject inconsistent withtheAELUPforthestated reasons setforthinthestaffreport.

J. TheCityofSantaAnahasthegeneralpolicepowertocontrol landusewithinits territorial jurisdiction (Cal. Const., art. XI11, § 7). Thisconstitutional authority is acknowledged inStatelaw (PUC §§ 21676, 21676.5) andtheALUCprocess allowing foroverrule ofanALUCfindingofinconsistency.

K. Pursuant toPUCSection 21676(b), theCitymayoverrule thecommission bya two-thirdsvoteoftheCityCouncil ifitmakes specific findings thattheProjectis consistent withthepurposesoftheStateAeronautics Act.

City Council 11 – 11 7/15/2025
ExhibitA: DraftALUCOverrule Findings – TheVillageSantaAnaSpecificPlan (1561W.

Sunflower Avenue)
Page3of10
L. TheCityfindsthattheProjectisconsistent withtheAELUPandwiththepurposes oftheStateAeronautics Actbasedonthefollowing FindingsofFactand substantial evidence:
a. TheALUClacksevidence oftheProject’sinconsistency withtheAELUP.

Theproposed zonechangeundertheProjectallowsestablishment ofa specificplan, whichcontains permissive usesanddevelopment standards, butdoesnotspecifyexactlocations andheightsofeachimplementing development thatfallswithinthescopeofthespecificplan. Moreover, during theJune19, 2025ALUChearingontheProject, ALUCstaffincorrectly described theCityofSantaAna’sGeneralPlanUpdateasbelonging tothe CityofCostaMesa, andtheproject sitewasincorrectly described asbeing atthenorthwest cornerofPlazaDriveandSunflower Avenue. Duringthe ALUChearing, ALUCCommissioners andALUCstaffreferredtodated information abouttheeffectofexistingandplanned tallbuildings inthe Airportvicinityoninstrument procedures andaircraftoninstrument approaches anddepartures toandfromtheairport. In2009, theFAA implemented state-of-the-art, precisionGlobalPositioning Satellite (GPS) procedures usingAreaNavigation (RNAV) technology toimprove access to theairportinpoorweather conditions. Theseprocedures consider existing tallbuildings inthevicinityoftheairportalongwithhighterrainnorthofthe airportfortheentirefleetofaircraftthatusetheairport. Further, theFAA’s studyoftheProjectincluded areviewoftheproposed 25-storybuildings, in contextwithbothexistingandproposed tallbuildings, existingandproposed approach anddeparture procedures, andtheentirefleetofaircraftmaking useoftheairport. TheFAA, basedonitsaeronautical studyandpublic circularization toairlinesservingtheairport, andallaeronautical users including airportoperations staff, issuedDeterminations ofNoHazard toAir Navigation onSeptember 6, 2024. DespitetheFAA’sstudy, its circularization anditsdetermination ofnohazard, theALUCfoundtheproject inconsistent basedonan “obstruction” determination. Noevidence ofa substantial aeronautical impactofanobstruction wasprovided bytheALUC. b. DuringtheJune19, 2025ALUC hearingontheProject, Citystaffandthe Projectapplicant provided supplemental information aboutthenatureofa specific plan, howimplementing projectswillbereviewed, information on existinghigh-risesinthevicinity, FAAnotification requirements for buildings exceeding 200feetinheight, andthattheFinalSupplemental Environmental ImpactReport (“SEIR”) for the Project would containa mitigation measure requiring “NoticeofAirportinVicinity,” tobeincluded inalllease/rentalagreements andpostoutdoor signage informing the publicofthepresence ofoperating aircraft, whichdemonstrates further compliance withtheAELUPandtominimize potential futurenoise complaints. Despitethisinformation, theALUCvotedtofindtheProject inconsistent persection2.1.3and3.2.1oftheAELUP.

City Council 11 – 12 7/15/2025
ExhibitA: DraftALUCOverrule Findings – TheVillageSantaAnaSpecificPlan (1561W.

Sunflower Avenue)
Page4of10
c. Noise. Theresidential andcommercial landusesundertheproposed Projectareconsistent withtheaircraftnoisestandards oftheAELUP. i. TheProject islocatedoutsideoftheJWA60to65dBACNEL
aircraft noisecontours. Aircraftnoiseanalysis wascompleted inthe Project’sSEIR ( StateClearinghouse No. 2020029087) and
presented attheALUChearing. TheJWAGAIPEIRalsocontains
noiseanalysis demonstrating thattheProjectisoutside ofthe60 dBACNELnoisecontour. Thisnoiseanalysis isbasedonone
year’sworthofaircraft operations inallrunwayoperating
configurations forbothexisting aircraftfleetmixesandfuturefleet forecasts. Thisanalysis includes thetimeofdayofalloperations andincludes noisepenalties forevening (7p.m. to10p.m.) and night (10p.m. to7a.m.) aircraft operations offiveandtendecibels peroperation. Residential landusesarenormally consistent in areasimpacted byaircraftnoiseupto60dBACNELand
commercial landusesupto65dBACNELasshownintheAELUP
Table1. Thesearethesamenoisestandards usedbytheFAAand
theStateofCalifornia toidentify compatible landusesnearairports. ii. TheProjectislocatedoutsideoftheJWAsingle-eventaircraftnoise contours. Thedetailedaircraft noiseanalysis completed aspartof theJWAGAIPEIRincluded analysisofsingleeventaircraftnoise.

Thisanalysis included singleeventnoisecontours forthenoisiest aircraftmakingregularuseofJWA.
iii. TheProjectincludesarequired measure notifying futureresidents.

Theconditions ofapproval includenotification measures, which includesameasure requiring “NoticeofAirportinVicinity,” tobe included inalllease/rentalagreements andtopostoutdoor signage informing thepublicofthepresence ofoperating aircraft, which demonstrates furthercompliance withtheAELUPandeffortsto minimize potential futurenoisecomplaints.
iv. TheGeneralPlanUpdate (“GPU”) in2022addresses noise, safety, hazards, andotherrelatedimpacts fromdevelopment inthevicinity oftheAirport. Projects approved undertheGPUwouldberequired tocomplywithFAAairspace protection regulations usingthe AELUPconsistency determination process.
v. TheAELUPestablishes aircraftnoiseexposure exteriornoiselevel compatibility thresholds fornewdevelopment bylandusecategory.

According totheexteriornoisethresholds outlined intheAELUP, multi-familyresidential development isconsidered normally consistent withexteriornoiselevelsoflessthan60dBACNEL,
conditionally consistent withexterior noiselevelsbetween 60and 65dBACNELandnormally inconsistent withexteriornoiselevel City Council 11 – 13 7/15/2025
ExhibitA: DraftALUCOverrule Findings – TheVillageSantaAnaSpecificPlan (1561W.

Sunflower Avenue)
Page5of10
above65DbaCNEL. Forcommercial retaillanduse, exterior noise levelsareconsidered normally consistent withexterior noiselevels oflessthan65dBACNELandconditionally consistent withexterior noiselevelabove65dBACNEL. TheProjectsiteislocatedoutside ofboththeairport’splanned andactual60CNELcontoursofJWA.

Therefore, according totheAELUP, theProject’sresidential, open space, andcommercial retaillandusesarenormally consistent with JWAaircraftnoiseexposure exteriornoiselevelcompatibility standards. Also, theairportrelated noiseattheProjectsitedoesnot exceedtheCity’smunicipal codepermissible noiselevels.

Additionally, theCounty’sGeneralAviationNoiseOrdinance
prohibits commercial aircraftdepartures between thehoursof10:00 p.m. and7:00a.m. andarrivalsbetween thehoursof11:00p.m. and7:00a.m. Theserestrictions substantially limittheaircraft noise duringthenoisesensitive nighttime hoursforresidential use. d. Safety. Theresidential andcommercial landusesundertheproposed projectareconsistent withthesafetystandards oftheAELUP. TheProject isnotinanyoftheAELUPsafetyzones. TheProjectislocatedoutsideof therunwayprotection zone (“RPZ”). TheProjectislocatedmorethan0.40 miles from the outer edge of AELUP Zone 6, TrafficPattern Zone as depicted inAppendixD. Further, AELUPAppendixDstatesthe “Basic Compatibility Qualities” ofZone6as “Allowresidential uses” and “Allow mostnonresidential uses.”
i. ProjectisnotintheJWARPZ. TheProjectislocatedapproximately

1.5milesfromtheouteredgeofthenearestJWARPZ.
ii. TheFAA’sDeterminations ofNoHazardtoAirNavigation forthe Mixed-Usedevelopment structures aretheonlysourceof
authoritative, aviationsafetyfindings regarding theproject. TheFAA hasconducted anaeronautical study (49U.S.C. §44718and14 CFRPart77) oftheindividual structures withintheSpecificPlanand hasissueditsDeterminations ofNoHazardonSeptember 6, 2024. iii. Inthiscaseitisimportant tofirstestablish whatentityhas authority overtheuseofairspace overtheprojectsite. “The UnitedStates Government hasexclusive sovereignty ofairspace oftheUnited States” (49U.S.C. § 40103(a)(1)).
iv. Inordertousethisairspace, theFAAAdministrator isresponsible for: (1) Plansandpolicyforthesafeuseofthenavigable airspace 49U.S.C. § 40103(b)(1); and (2) “\[R\]egulations ontheflightof aircraft (including regulations onsafealtitudes) for navigating, protecting andidentifying aircraft; protecting individuals and propertyontheground; usingthenavigable airspace efficiently; and preventing collision between aircraft, between aircraftandlandor City Council 11 – 14 7/15/2025
ExhibitA: DraftALUCOverrule Findings – TheVillageSantaAnaSpecificPlan (1561W.

Sunflower Avenue)
Page6of10
watervehicle, andbetween aircraftandairborne objects” (49U.S.C. 40103(b)(2)).
v. TheFAA’saeronautical studies forproject structures arethe definitive standard forassessing compliance withfederalaviation safetylawsandregulations (49U.S.C. § 77.1(c)). Thisfederal authority isrecognized inStatelaw (Cal. PUC §21240).
vi. TheCityofSantaAnahasthelocalpolicepowers tocontrol land useonthesite (Cal. Const., art. XI11, § 7). Thisconstitutional authority is acknowledged inState law (PUC §21670 and
21676) andtheALUCprocess (AELUP §4.11) allowing for
overrule ofanALUCfindingofinconsistency.
vii. Theotherentities thathaveprocessed orcommented onthisproject haveaviationsafetydutiesandresponsibilities relatedtothis matter. Eachoftheseentities reliesonorultimately deferstothe FAA’sauthoritative aviationsafetyroleinairspace determinations. viii. TheAELUPforJWA, Section2.1.3 Building HeightRestrictions states, “Inadopting criteriaforbuildingheightrestrictions inthe vicinities ofairports, theCommission considered onlyone standard andthatwasFederalAviation Regulations Part77 (\[14CFR\] Part 77) entitled, ObjectsAffectingNavigable Airspace. "These regulations aretheonlydefinitive standard available \[emphasis added\] andthestandard mostgenerally used.”
ix. Section2.1.3alsorecognizes FAAaeronautical studiesbeyond14 CFRPart77surfaces asthestandard forreview, “Inaddition tothe imaginary surfaces,’ theCommission willusealloftheFARPart

77.23standards alongwiththeresultsofFAAaeronautical studies, emphasis added\] orotherstudiesdeemed necessary bythe
Commission, inordertodetermine ifastructure isan ‘obstruction.’” Thissectiongoesontostate: TheCommission considers and
recognizes theFAAasthesingle "Authority" foranalyzing project impactonairportoraeronautical operations, ornavigational-aid siting, including interference withnavigational- aidsorpublished flightpathsandprocedures. TheCommission alsoconsiders the FAAasthe "Authority" forreporting theresultsofsuchstudiesand projectanalyses. TheCommission willnotconsiderthefindingsof reportsorstudies conducted bypartiesotherthantheFAAunless theFAAcertifiesandadoptssuchfindingsastrueandcorrect.
x. Section 2.1.3addsreference toFAAAdvisory Circular150/5190- 4A, AModelZoningOrdinance toLimitHeightofObjectsAround
Airports forCommission Review. ThisFAAAdvisory Circular provides specificguidance forestablishing zoningregulations along City Council 11 – 15 7/15/2025
ExhibitA: DraftALUCOverrule Findings – TheVillageSantaAnaSpecificPlan (1561W.

Sunflower Avenue)
Page7of10
withspecific guidance ona “variance” process forpotential obstructions. AtSection 3.b., “TheFederalAviationAdministration FAA) conducts aeronautical studiesonobstructions whichexamine theireffectonsuchfactorsas: aircraftoperational capabilities; electronic andprocedural requirements; and, airporthazard standards. Ifanaeronautical studyshows thatanobstruction, whenevaluated againstthesefactors, hasnosubstantial
adverseeffectuponthesafeandefficientuseofnavigable
airspace, thentheobstruction isconsidered nottobeahazard toairnavigation \[emphasis added\].”
xi. Caltrans DivisionofAeronautics – Caltrans publishes theCalifornia AirportLandUsePlanning Handbook (“Handbook”) inaccordance withStateLawwiththepurpose to, “provideinformation toALUCs, theirstaffs, airportproprietors, cities, counties, consultants, andthe public;toidentify therequirements andprocedures forpreparing effective compatibility planningdocuments; and defineexemptions whereapplicable (Caltrans, 2011).” TheHandbook provides specificguidance forassessing potentialairspace obstructions in Section 4.5AirspaceProtection.
xii. JWA – TheFAArequiresairportsponsors likeOrange County to acceptspecific grantassurances whentheyacceptfederalfunding.

HazardRemoval andMitigation andCompatible LandUsearetwo oftheseassurances (49U.S.C. § 47107(a)(9) and (10)). Forhazard removal, theAirportreliesontheFAA’saeronautical studytomeet itsrequirement. Forcompatible landuse, theAirportrelieson coordination withthesurrounding citiesandtheALUC. The
followingarethespecificassurances:
xiii. HazardRemoval andMitigation. Itwilltakeappropriate actionto assurethatsuchterminal airspace asisrequired toprotect
instrument andvisualoperations totheairport (including
established minimum flightaltitudes) willbeadequately clearedand protected byremoving, lowering, relocating, marking, orlighting or otherwise mitigating existingairporthazardsandbypreventing the establishment orcreation offutureairporthazards.

TheproposedProjectwouldnotresultinhazards related
toexcessive glare, light, steam, smoke, dust, orelectronic interference. Exteriorlightingfixtures andsecurity lighting wouldbeinstalled inaccordance withtheCity’sMunicipal
CodeDivision3, BuildingSecurityRegulations, which
includes specifications forshielding andintensityof
security lighting. Inaddition, theproposedProjectwould
notusehighlyreflective surfaces, anddoesnotinclude
largeareasofglassonthebuildings. Therefore, the
City Council 11 – 16 7/15/2025
ExhibitA: DraftALUCOverrule Findings – TheVillageSantaAnaSpecificPlan (1561W.

Sunflower Avenue)
Page8of10
proposedProjectwouldnotgenerate substantial sources
ofglare.

Operation oftheproposed residential andcommercial uses
wouldnotgenerate substantial quantities ofsteam, smoke, ordustemissions. Dustemissions areregulated by
Southern CaliforniaAirQuality Management District
SCAQMD”) requirements andconstruction relatedair
qualityemissions thatcouldincludesteam, smoke, and
dustemissions wouldbelessthansignificant with
implementation ofthestandardSCAQMD Rules.

TheproposedProjectwouldinclude theuseoftypical
electronics, suchascomputers, televisions, andother
electronics withwireless capability. Thesetypesof
electronics arecurrently beingusedbytheexisting land
usesonthesite, andotherusesinthevicinityofthesite.

Thenewresidential andcommercial usesonthesitewould
usesimilartechnology thatdoesnotcauseelectronic
interference thatcouldaffectaircraft. Thus, impacts related toelectronic interference withoperations ofJWAwouldnot
occur.
xiv. Compatible LandUse. Itwilltakeappropriate action, totheextent reasonable, including theadoption ofzoninglaws, torestricttheuse oflandadjacent toorintheimmediate vicinityoftheairportto activities andpurposes compatible withnormalairportoperations, including landing andtakeoffofaircraft. Inaddition, iftheProjectis fornoisecompatibility program implementation, itwillnotcauseor permitanychangeinlanduse, withinitsjurisdiction, thatwillreduce itscompatibility, withrespect totheairport, ofthenoisecompatibility program measures uponwhichFederalfundshavebeenexpended. e. Height. The residential and commercial land usesunder the proposed Projectareconsistent withtheheightstandards oftheAELUP. The allowable heightofstructures surrounding anairportisdescribed inFAR Part77astheallowable heightatwhichsafemovement ofaircraftoccurs.

Theregulation requires thatnoticebegiventotheFAAifthereisa proposaltoconstructastructure thatwouldexceed a100:1slopeofan imaginary surfaceextending outwardfor20,000feetfromthenearest runwayatJWA. Beyondthe100:1imaginary surface, FARPart77requires notification toFAAforanyprojectthatwillbemorethan200feetinheight abovethegroundlevel.
i. Theproposed buildings associated withtheSpecificPlanwouldnot exceedthesloping, three-dimensional 100:1 (onepercent sloping City Council 11 – 17 7/15/2025
ExhibitA: DraftALUCOverrule Findings – TheVillageSantaAnaSpecificPlan (1561W.

Sunflower Avenue)
Page9of10
surface fromthenearestrunwayover3,200feetinactual length) FAAnotification surfacetorequiretheFilingofFAAForm7460-1. ii. Thebuildingsexceeding 200feetinheightintheSpecificPlanarea willnotexceedthesloping, three-dimensional 50:1FAAprecision instrument Approach SurfacetoJWARunway20R.
iii. Each future site-specific implementing development underthe Projectwillberequired tobesubmitted through theCity’s
development reviewprocess, atwhichpointifaspecificbuildingis proposed withintheFAANotification Areathatexceeds 200feetin height, FAAnotification compliance wouldberequiredthrough the development reviewprocess.
iv. InadditiontorequiringFAAnotification foranybuildingsexceeding 200feetinheightwithintheProjectarea, AELUPandFARPart77
requireanFAAaeronautical studytobeconducted toensure that theproposed structures wouldnotconstitute ahazardtoair
navigation.
f. Overflight. “ClosetotheJWAapproach centerline” asidentified bythe ALUCisneitheranFAAnoranAELUPstandard.
i. TheFAAistheonlyauthoritative sourceofaviationsafetydata and theFAAdoesnothavea “closetotheJWAapproach centerline”
standard.
ii. TheAELUPclearlyidentifies itsairportlanduseplanning standards around aircraftnoise, safety, andheight. Objective measuresof thesestandards areclearlyidentified inAELUPSection 2.1. The SpecificPlanisdrafted tobeconsistent witheachoftheseobjective standards.
iii. Two-dimensional flighttracksdonothingtoinformtheimpactof overflights. TheALUCprovided limitedarrivalanddeparture flight tracks initsALUCstaffreport.
iv. Aircraftnoisecontours usedtoobjectively measure noiseimpact alreadyassumeflighttracksandactualoperating conditions fora fullyearincluding futureoperations. Limitedinformation presented withinthestaffreportpacketdatedJune19, 2025 ofarrivalflight tracksandlimited information on departure flighttracksarenot representative ofageneral condition andare notsubstantive evidence.
v. TheprojectislocatedoutsideoftheJWAsingleeventnoise
exposure areasdocumented intheJWAGeneralAviation
City Council 11 – 18 7/15/2025
ExhibitA: DraftALUCOverrule Findings – TheVillageSantaAnaSpecificPlan (1561W.

Sunflower Avenue)
Page10of10
Improvement Program EIRcertifiedonJune25, 2019.
g. Heliports.Heliportsarenot apartoftheProject.
h. ZoneChange. Theproposed zonechange (amendment application) is consistent withtheobjectiveAELUPaircraft noise, safetyandheight standards andistherefore consistent withthelargerplanning roleofthe ALUC. “ClosetotheJWAapproach centerline” isnotanFAAoranALUC standard.
i. Thereisnosubstantiation thatoverflights ofnewresidents would bedisturbed orannoyed. TheProject islocatedoutsideofthe60 dBACNELnoisecontour.Assuch, theProjectwouldnotaddany
newresidential orcommercial noiseimpacts totheJWA65dBA
CNELnoisearea.
ii. Flighttrackslimitedinformation wasprovided intheALUCstaff report. fTheseflighttracksarenotuniqueandarefullyaccounted forintheoneyearof overflights usedtomeasureCNELnoise
impacts associated withJWA.
iii. Flighttrackslimitedinformation forarrivals anddeparturesare not uniqueandarefullyaccounted forinthesingle-eventnoise
contours produced fortheJWAGAIPEIR.TheProjectislocated
outsideofthesesingle-eventnoisecontours.
iv. PerSection1.2oftheAELUPforJWA, thepurpose oftheAELUP istosafeguard thegeneralwelfareoftheinhabitants withinthe vicinityoftheairportandtoensurethecontinued operations ofthe airport. ThemethodbywhichtheALUCachieves thispurpose is throughtheapplication oftheobjective standards contained in Section2.1oftheAELUP. Asdemonstrated intheALUCstaffreport and, intheseFindings, theSpecificPlanandapplication foreach implementing projectis andwillbe consistent witheachofthe standards. Asaresult, theALUChasmettheirdutyunderSection

1.2byensuring thattheSpecificPlanmeetsthesestandards.
v. Additionally, Section2.1.4of theAELUPforJWAandPUCSection 21674chargetheCommission tocoordinate atthelocallevelto ensurecompatible landuseplanning. Themethodbywhichthe
ALUCachieves thischargeisthroughtheapplication ofthe
objective standards contained inSection2.1oftheAELUP.As demonstrated intheALUCstaffreportand, intheseFindings, the Projectisconsistent witheachofthestandards. Asaresult, the ALUChasmettheirdutyunderSection2.1.4andPUCSection
21674byensuring thattheProjectmeetsthesestandards.

City Council 11 – 19 7/15/2025
Planning and Building Agency
www.santa-ana.org/pb
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 15, 2025
TOPIC: Density Bonus Agreement No. 2025-03 – Olive Crest at 2130 E. Fourth Street

AGENDA TITLE
Density Bonus Agreement No. 2025-03 to Facilitate the Construction of a Fifteen-Unit MultiFamily Residential Development, Including Three Units Proposed as Affordable to Very Low-Income Households

RECOMMENDED ACTIONS

1. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action (below) is exempt from further review under Section 15168 (Program EIR);

2. Adopt a resolution approving Density Bonus Agreement No. 2025-03; RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2025-03 TO ALLOW A FIFTEEN-UNIT MULTI-FAMILY RESIDENTIAL

DEVELOPMENT, INCLUDING THREE UNITS PROPOSED AS AFFORDABLE

TO VERY LOW-INCOME HOUSEHOLDS, AT THE PROPERTY LOCATED AT 2130 E. FOURTH STREET (APN: 400-091-23); and

3. Authorize the City Manager to execute a Density Bonus Agreement with Olive Crest, with a 55-year covenant term, for a rental residential development consisting of a fifteen-unit multi-family residential development, including three units proposed as affordable to very low-income households, at the property located at 2130 E.

Fourth Street (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

EXECUTIVE SUMMARY
Donald Verleur (“Applicant”), with Olive Crest (“Property Owner”), is requesting approval of Density Bonus Agreement (DBA) No. 2025-03 to allow the construction of a fifteen-unit multi-family residential development, including three units proposed as affordable to very low-income households earning less than 30-50 percent of the area median income (AMI), City Council 12 – 1 7/15/2025
Density Bonus Agreement No. 2025-03 – Olive Crest (2130 E. Fourth Street) July 15, 2025

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at the property located at 2130 E. Fourth Street (“Project”). As proposed, the Project will utilize concessions and a waiver or reduction to deviate from development standards as memorialized by the density bonus agreement pursuant to California Government Code Sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Sections 41-1600 through 41-1607. Staff recommends approval of the Applicant’s request as the Project meets the General Plan goals and policies and will contribute to the City’s housing stock through the production of rental housing units. Additionally, the Project contributes to the community’s affordable housing stock, aims to provide housing for at-risk young adults, represents a significant reinvestment in an underutilized site, and does not result in adverse environmental impacts or serious public health concerns.

Planning Commission Action
On June 23, 2025, the Planning Commission held a public hearing for the Project and voted 5:0:2, with Vice-Chair Ramos and Commissioner Leo absent, to approve certain deviations (three development concessions and a waiver or reduction), based on the required findings, with concessions and the waiver to be memorialized in a Density Bonus Agreement, pursuant to Section 41-1607 of the SAMC. Pursuant to Section 41-1602(d), the DBA requires City Council approval.

DISCUSSION
Table 1: Project and Location Information
Item Information
Project Address and Council Ward 2130 E. Fourth Street – Ward 3 Nearest Intersection Fourth Street and Golden Circle Drive General Plan Designation District Center – Medium High (DC-3) Zoning Designation Professional (P); Village Center District within the Metro East Use Overly Zone (MEMU)
North Professional Offices
East Medical and Professional Offices
South Multifamily Residential Surrounding Land Uses
West Professional Offices
Gross Area: 2.64 acres (115,029 square feet) Property Size Net Area: 0.32 acres (13,801 square feet) Existing Site Development
53,089-square-foot (gross floor area) office building occupied by Olive Crest offices, and surface parking lot. There’s 31,266 square feet of useable office area, including 16,359 square feet on the first floor and 14,907 square feet on the second floor.

Use Permissions Multi-Family Residential (permitted under MEMU, as part of SB 330 request)
Zoning Code Sections Affected
Uses Article XVI.I (Density Bonus); and Active Urban
within the Metro East Mixed Use Overlay Zone
(MEMU).

City Council 12 – 2 7/15/2025
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Project Description
The development will consist of two identical, two-story buildings each 7,976 square feet in size, to be located towards the rear (south) of the existing site. The Project would be developed with a gross density of 5.68 dwelling units per acre (du/ac) and a net density of

46.87 du/ac, well below the permitted 90 du/ac by the DC-3 land use designation. The property is currently improved with a two-story, 53,089-square-foot office building and associated surface parking lot, which will remain and continue to be occupied by Olive Crest, a nonprofit organization providing family and youth services. To accommodate the proposed development, 27 parking spaces will be removed from the existing surface lot. The new residential buildings will coexist with the existing office use in a horizontal mixed-use configuration that is functionally integrated, physically compatible, and consistent with the zoning allowances under the Metro East Mixed Use Overlay (MEMU).

The units are designed as flats/apartments with Building A1 having seven two-bedroom units and an area dedicated as Common Area, to include a community room, office, bathroom, and laundry area. Building A2 would include eight two-bedroom units. The unit sizes will vary between 761 and 785 square feet, and each unit will be fully equipped with a kitchen, bedrooms, bathrooms, and common living areas.

As previously described, the Project will include affordable units, with three units designated for very low-income households earning 30-50 percent of the AMI which is currently $84,600 for a four-person household, as determined by the California Department of Housing and Community Development (HCD). Two affordable units would be included in Building A2, and would be 785 square feet in size. The additional affordable unit would be included in Building A1 and would be 761 square feet in size. Like the market rate units, each affordable unit will be fully equipped with a kitchen, bedrooms, bathrooms, and common living areas, ensuring a high standard of living for future residents.

The Project incorporates a combination of a contemporary/Mediterranean architectural style consistent with many multi-family and mixed-use residential communities currently under construction in Santa Ana and the surrounding region. The overall design, massing, materials, and architectural features are intended to be compatible with, yet distinct from multi-family residences existing and currently under construction in the MEMU. The architectural style is characterized by a combination stucco walls painted in a warm earth tone color, natural stone wainscoting along the building base, decorative louvers, window trims, and exposed rafter tails.

Density Bonus
As part of the Project, the Applicant is seeking concessions and a waiver under California Density Bonus law, which allow 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 City Council 12 – 3 7/15/2025
Density Bonus Agreement No. 2025-03 – Olive Crest (2130 E. Fourth Street) July 15, 2025

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waivers. 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).

The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. Recent revisions allow affordable housing developers to request incentives/concessions and/or waivers or reductions for affordable or mixed-income developments, even if they do not require a numerical density bonus. Moreover, in early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to “justify” the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted.

For this Project, the developer is not requesting a State density bonus for additional units but will avail themselves of the incentive/concessions and waiver or reductions that are required to be provided by State density bonus law for projects with the requisite affordability.

Due to the Project’s twenty-percent (20%) affordability rate, the developer can seek three density bonus incentive/concessions and unlimited waivers, pursuant to Section 65915 et al. of the California Government Code (Density Bonuses and Other Incentives). In addition, California Assembly Bill No. 2345, approved September 28, 2020, revised the State Density Bonus Law originally adopted in 1979 to provide additional benefits for projects that include qualifying affordable housing.

The purpose of the State Density Bonus Law is to encourage the development and availability of affordable housing. Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny requested incentives, concessions, and waivers. The City has analyzed the Project and has identified several areas of potential impacts; however, the conditions of approval proposed for the Project are intended to address the Project’s potential impacts. Table 2 outlines the concessions and waiver requested by the Applicant and approved by the Planning Commission on June 23, 2025.

Table 2: Requested Concessions and Waiver
Standard Required by MEMU Provided
Publicly Accessible Open
Space
Ten-percent of the gross site
area (115,029 square feet)
No publicly accessible open space
provided. Requires Concession (1 of
3), Cal. Gov’t Code Sec. 65915
(d)(2)(C)
Private Open Space
• 90 square feet per unit
(1,350 square feet)
No private open space provided.

Requires Concession (2 of 3), Cal.

Gov’t Code Sec. 65915 (d)(2)(C)
Parking Requirements
• Residential: 34 spaces
• Non-residential: 94
spaces
• Total required: 128
spaces
• Zero spaces provided for residential
units proposed.
• 136 parking spaces provided for
non-residential.

City Council 12 – 4 7/15/2025
Density Bonus Agreement No. 2025-03 – Olive Crest (2130 E. Fourth Street) July 15, 2025

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Standard Required by MEMU Provided
• Total residential required
by State Density Bonus:
23 spaces
Requires Concession (3 of 3), Cal.

Gov’t Code Sec. 65915 (d)(2)(C)
Common Open Space
• Five-percent of the gross
site area for
nonresidential uses
(5,062 square feet)
• Common open space provided at
rate of 1.4-percent of the gross site
area (1,430 square feet) Requires
Waiver, Cal. Gov’t Code Sec.
65915 (e)(1)
Onsite Parking
To accommodate the Project, the Applicant is proposing to reduce the overall onsite parking from 163 to 136 parking stalls, a reduction of 27 spaces. The office building’s gross floor area is approximately 53,089 square feet, inclusive of corridors, walkways, stairwells, etc.

The useable office floor area is approximately 31,266 square feet, with 16,359 square feet on the first floor and 14,907 square feet on the second floor. Pursuant to the City’s off-street parking requirements, the office building requires a total of 94 parking stalls. Moreover, the required residential parking pursuant to the State Density Bonus requirements would be 23 spaces. Therefore, the total required parking for the Project would be 117 parking spaces.

The Applicant is proposing a total of 136 surface parking stalls, which would be a surplus of 19 parking stalls.

Given the above parking analysis, the Project is not anticipated to have any parking impacts.

However, to proactively address any neighborhood parking impacts that could result from the Project, the conditions of approval and terms of the DBA include provisions requiring the following parking management practices, to be incorporated into the Project and which shall apply throughout the life of the Project:
• Requiring onsite parking permits (such as stickers or hang-tags) for any parking dedicated to the residential units, inclusive of guest parking spaces; • Policies for maximum time vehicles may be parked in the surface guest spaces; and • Policies for towing unauthorized vehicles; vehicles parked in unauthorized locations, such as fire lanes; vehicles parking in surface guest parking without a sticker, hangtag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed.

Affordable Housing Opportunity and Creation Ordinance
The Project exceeds the affordable housing goal for the rental category of the City’s Affordable Housing Opportunity and Creation Ordinance (AHOCO) by 100-percent, by providing three (3) onsite units designated for households earning 30-50 percent of the AMI (very low-income), which is currently set at $84,600 for a four-person household.

Two affordable units would be included in Building A2, and would be 785 square feet in size. The additional affordable unit would be included in Building A1 and would be 761 square feet in size. Each affordable unit will be fully equipped with a kitchen, bedrooms, City Council 12 – 5 7/15/2025
Density Bonus Agreement No. 2025-03 – Olive Crest (2130 E. Fourth Street) July 15, 2025

Page 6 ends

bathrooms, and common living areas, ensuring a high standard of living for future residents. The developer’s Inclusionary Housing Plan has been reviewed and approved by the City’s Housing Division.

Public Notification and Community Outreach
As the City Council's approval of this agreement does not constitute a public hearing, no public notification or community outreach is required under applicable state law or local ordinances prior to Council action. However, staff notes that project notifications were posted, published, and mailed in accordance with City and State regulations for the required Planning Commission public hearing. In addition, staff contacted the provided contacts for the Lyon Street and Zoo District Neighborhood Associations to ensure they were aware of the project and Planning Commission public hearing.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the proposed Project is exempt from further environmental review under Section 15168 (Program EIR). This exemption applies when a previously certified Program Environmental Impact Report (Program EIR) has adequately analyzed the environmental effects of an activity, and no new significant impacts would result from the proposed Project. If the proposed Project remains within the scope of the Program EIR and does not require a subsequent Environmental Impact Report (EIR), no additional environmental documentation is required. Therefore, a Notice of Exemption, Environmental Review No. 2023-94, will be filed for the Project.

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

EXHIBITS

1. Resolution – Density Bonus Agreement

2. Draft Density Bonus Agreement

3. June 23, 2025 – Planning Commission Staff Report and Exhibits Submitted By: Ali Pezeshkpour, AICP, Executive Director of Planning and Building Agency, and Michael L. Garcia, Executive Director of Community Development Agency Approved By: Alvaro Nuñez, City Manager
City Council 12 – 6 7/15/2025
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING DENSITY BONUS AGREEMENT
NO. 2025-03 TO ALLOW A FIFTEEN-UNIT MULTI-FAMILY

RESIDENTIAL DEVELOPMENT, INCLUDING THREE
UNITS PROPOSED AS AFFORDABLE TO VERY LOWINCOME HOUSEHOLDS, AT THE PROPERTY LOCATED AT 2130 E. FOURTH STREET (APN: 400-091-23)

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

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

A. Donald Verleur (“Applicant”), with Olive Crest (“Property Owner”), is requesting approval of Density Bonus Application (DBA) No. 2025-03 to allow the construction of a fifteen-unit multi-family residential development, including three units proposed as affordable to very low-income households earning less than 30-50 percent of the area median income (AMI), at the property located at 2130 E. Fourth Street (“Project”).

B. The California Density Bonus generally law allows developers to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law also generally allows developers to seek incentives/concessions or waivers of, or reductions in, development standards.

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

D. On June 23, 2025, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and, at that time, considered all testimony, written and oral, and approved, based on findings, the application for four (4) deviations (three concessions and one waiver), to be memorialized in Density Bonus Agreement No. 2025-03.

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

03. F. The City Council hereby approves Density Bonus Agreement No. 2025-03.

This Agreement allows for the construction of the proposed Project in City Council 12 – 7 7/15/2025
accordance with the provisions of State Density Bonus Law and SAMC Section 41-1607, as conditioned.

Section 2. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the proposed Project is exempt from further environmental review under Section 15168 (Program EIR). This exemption applies when a previously certified Program Environmental Impact Report (Program EIR) has adequately analyzed the environmental effects of an activity, and no new significant impacts would result from the proposed Project. If the proposed Project remains within the scope of the Program EIR and does not require a subsequent Environmental Impact Report (EIR), no additional environmental documentation is required. Therefore, a Notice of Exemption, Environmental Review No. 2023-94, will be filed for the Project.

Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.

Section 4. The City Council of the City of Santa Ana, at its regular meeting, hereby approves Density Bonus Agreement No. 2025-03 as contained in Exhibit A, attached hereto and incorporated as though fully set forth herein. This approval is based on the written materials submitted, including: the Request for Planning Commission Action dated June 23, 2025; and the Request for City Council Action dated July 15, 2025, and their respective exhibits.

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

ADOPTED this ____ day of ___________, 2025.

City Council 12 – 8 7/15/2025
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ City Council 12 – 9 7/15/2025

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

Date: ________________ ____________________________________ City Clerk
City of Santa Ana
City Council 12 – 10 7/15/2025
55394.00101\43846773.1
1 2130 East Fourth Street Density Bonus Agreement
RECORDING REQUESTED BY:

AND WHEN RECORDED MAIL TO:

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

DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF

COVENANTS, CONDITIONS AND RESTRICTIONS
2130 East Fourth Street, Santa Ana, California; APN: 400-091-23 This DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (“Agreement”), is made and entered into this day of , 2025, for reference purposes only, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California (“City”), and Olive Crest, a California nonprofit corporation (“Developer”). City and Developer are sometimes referred to collectively as the “Parties” and individually as a “Party.”

RECITALS
A. Developer is the owner of that certain property located within the City of Santa Ana, County of Orange, State of California, commonly known as 2130 East Fourth Street, Santa Ana, California, and legally described as set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full (“Property”).

B. Developer is proposing to develop a residential development consisting of no more than fifteen (15) units, three (3) of which are proposed as very-low income residential rental units on the Property, as more particularly set forth in Density Bonus Application No. DBA-2025-03 (“Project”).

C. Santa Ana Municipal Code sections 41-1600, et seq. (“City Density Bonus for Affordable Housing”), and California Government Code sections 65915, et seq. (“State Density Bonus Law”), set forth a process to provide increased residential densities and incentives, concessions, and waivers to property owners or developers who restrict a portion of their residential development to low income, very-low income, seniors or other qualified households, as specified. These regulations are intended to materially assist the housing industry in providing adequate and affordable housing for all economic segments of the community and to provide a City Council 12 – 11 7/15/2025
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2 2130 East Fourth Street Density Bonus Agreement
balance of housing opportunities for very-low income, low income, seniors and other qualified households throughout the City.

D. The Project is proposing a total number of fifteen (15) residential rental units, including three (3) units for Very-Low Income Tenants, as defined herein, and proposes to utilize the existing parking lot to satisfy the parking requirements of state law.

E. The Project complies with the affordability requirements for a housing development as set forth in the State Density Bonus Law and City Density Bonus for Affordable Housing.

F. In light of the purpose of the State Density Bonus Law and City Density Bonus for Affordable Housing, and the express provisions of Government Code Sections 65915(d)(1)(2)(C), the City has determined that the Project is eligible for three (3) incentives or concessions, and waivers as prescribed by the State Density Bonus Law.

G. This Agreement, and the exhibits attached hereto and incorporated herein by reference, are intended to set forth the terms and conditions for the implementation of the Project’s requirement to provide affordable housing units in exchange for receiving the density bonus, concession and waivers set forth herein.

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

1. DEFINITIONS AND EXHIBITS

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

1.1.1 "Adjusted for family size appropriate to the unit" shall have the meaning set forth by Health and Safety Code Section 50052.5(h).

1.1.2 "Affordable Rent" means the maximum Monthly Rent that may be charged to and paid by an Eligible Household for the Affordable Units, as required by the terms of this Agreement, and which shall not exceed the amount of Affordable Rent authorized by California Health and Safety Code Section 50053 and pursuant to implementing regulations published by the California Department of Housing and Community Development, as determined from the Median Income for Orange County, as defined below in Section 1.1.16. The Affordable Rent shall be adjusted to reflect a reasonable utilities allowance for utilities paid by the household using the Santa Ana Housing Authority Multi-Family Housing Utility Allowance Schedule, and shall be updated no less than annually.

1.1.3 “Affordable Rent Schedule” means a rent schedule established as of the date of issuance of an occupancy permit (exclusive of tenant utility payments or security deposits) City Council 12 – 12 7/15/2025
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3 2130 East Fourth Street Density Bonus Agreement
for the required number/percentage of the total number of units in the Project which are to be rented or available for rent to Eligible Households. The Affordable Rent Schedule shall be established at the time of the issuance of the occupancy permit (“Initial Rent Schedule”) and shall be created in accordance with the Orange County, California Primary Metropolitan Statistical Area (“PMSA”) as published by the California Department of Housing and Community Development (“HCD”), adjusted for family size, and shall be updated no less than annually.

1.1.4 "Affordable Units(s)" means the three (3) unit(s), which shall each be twobedroom units. Any change to the number, bedroom size, or distribution of Affordable Units is subject to City Manager approval.

1.1.5 "Agreement" means this Density Bonus Housing Agreement.

1.1.6 "City" means the City of Santa Ana, California

1.1.7 "City Council" means the City Council of the City of Santa Ana.

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

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

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

1.1.11 “Density Bonus Application” shall mean the Density Bonus Application No. 2025-03 for the Project.

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

1.1.13 "Effective Date" means the date the Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement, pursuant to section 4.1 herein.

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

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

1.1.16 "Median Income" means the Orange County, California area median income, adjusted for family size pursuant to California Health and Safety Code § 50052.5(h), as periodically published by HCD.

1.1.17 "Monthly Rent" means the total of monthly payments for: (a) use and occupancy of each Affordable Unit and land and facilities associated therewith; (b) any separately charged fees or service charges assessed by Developer which are required of all tenants, other than security deposits, application fees or credit check fees; (c) a reasonable allowance for an adequate level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, City Council 12 – 13 7/15/2025
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4 2130 East Fourth Street Density Bonus Agreement
water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone or cable service, to the extent applicable and charged to tenant; and, (d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than Developer. In the event that certain utility charges are paid by the landlord rather than the tenant, no utility allowance shall be deducted from the rent for that type of utility charge.

1.1.18 "Project" means that certain affordable residential development as more particularly described in the Recitals and Section 2 of this Agreement.

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

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

1.1.21 "Term" means the period during which this Agreement shall be in full force and effect, as provided for in Section 5.1 below.

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

1.1.23 "Unrestricted Units" means the Units within the Project to be constructed or caused to be constructed by Developer to a Household without restriction.

1.1.24 “Very-Low Income Tenant(s)” means a Household whose income does not exceed fifty (50%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HCD.

1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:

1.2.1 Exhibit A – Legal Description of the Property

1.2.2 Exhibit B – Tenant Verification

1.2.3 Exhibit C – Annual Tenant Recertification

1.2.4 Exhibit D – Annual Rental Housing Compliance Report

1.2.5 Exhibit E – Notice of Affordability Restrictions on Transfer of Property

2. DEVELOPMENT OF THE PROPERTY

2.1 Project. Developer shall develop, operate, and maintain, or cause the development, operation and maintenance of, the Property as fifteen (15) unit rental residential community, with three (3) Affordable Units for Eligible Households.

City Council 12 – 14 7/15/2025
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5 2130 East Fourth Street Density Bonus Agreement

2.2 Density Bonus. The Project shall have fifteen (15) Units, to be rented, occupied, operated, and maintained pursuant to the terms and conditions of this Agreement. Developer understands and agrees that Developer is not requesting an increase in density and that this Agreement does not allow or approve an increase in residential density over the allowed density regulations of the City. Developer shall not construct or develop, or otherwise claim a right to construct or develop any additional residential units on the Property under this Agreement.

2.3 Development Concessions, Incentives, and Waivers. As set forth in the City entitlements, Developer petitioned for and is hereby granted the following concessions, incentives, and waivers as part of the approval of Density Bonus Application:

2.3.1 Concession. In accordance with Government Code Section 65915(d)(1), Developer is granted the following concession(s):
(a) The Project shall not be subject to the obligation to provide publicly accessible open space, as set forth in the Metro East Mixed Use Overlay Zone, Table 2, Section

4.5. (b) The obligation to provide private open space, as set forth in the Metro East Mixed Use Overlay Zone, Table 2, Section 4.6, shall be reduced to zero. (c) Developer is not required to submit a parking study.

2.3.2 Waivers. Provided that the Project complies with all other requirements of this Agreement and the Project Approvals, the City agrees to a partial waiver of the requirement to provide common open space, provided the Project provides a total of 2,191 square feet of common open space, including 761 square feet of common area to include laundry amenities, office, community room, and bathroom facilities; and 1,430 square feet of dedicated outdoor open area to be improved with landscaping and outdoor furnishing, as set forth in the Metro East Mixed Use Overlay Zone, Table 2, Section 4.6.

2.4 Parking Requirements. Onsite parking shall be provided in compliance with Government Code Section 65915(p) by utilizing the existing parking on the Property for residents of the Project. Developer represents and warrants that the existing parking on the Property comprises of 136 parking spaces and provides adequate levels of parking for the Project, including all required accessible parking for the Project and prospective residents. Provided that at least twenty-three (23) parking spaces are available to residents in the Project from the existing parking, Developer shall not be required to provide any additional parking.

2.5 No Further Concessions, Incentives, or Waivers. Developer acknowledges and agrees that no further concessions, incentives, waivers or parking requirements are requested, and that the terms set forth in Section 2.3 and 2.4 fully satisfies any duty City may have under the City Density Bonus for Affordable Housing, the Density Bonus Law, or any other law or regulation to provide any density bonus incentive or to waive any building, zoning, or other requirement in connection with a density bonus. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City’s obligation to waive City Council 12 – 15 7/15/2025
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6 2130 East Fourth Street Density Bonus Agreement
requirements of or provide development incentives pursuant to the City Density Bonus for Affordable Housing and the Density Bonus Law applicable to the Project.

2.6 Unit Mix.

2.6.1 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than twelve (12) Unrestricted Units, inclusive of one (1) manager's unit, as set forth in sub-paragraph 2.6.3, below, and pursuant to the terms and conditions of this Agreement. Any change to the unit distribution of the Unrestricted Units may affect the comparability of the Affordable Units and is subject to City Manager approval.

2.6.2 Affordable Units. The Project, for purposes of this Agreement, shall have no less than three (3) Affordable Units, for Very-Low Income Tenants, as set forth in subparagraph 2.6.3, and pursuant to the terms and conditions of this Agreement. The Affordable Units shall be consistent with all City approvals, comparable in bedroom distribution and amenities to the Unrestricted Units, and shall be located throughout the Project as required under Santa Ana Municipal Code section 41-1602(c)(5).

2.6.3 Unit Mix.

UNIT MIX
Plan # Plan A-1
@ Level 1
Plan A-1
@ Level 2
Plan A-1
@ Level 1
Plan A-1
@ Level 2
Plan A-1
@ Level 1 Total
Income Level Unrestricted Unrestricted
Very Low
Income
Tenants
Very Low
Income
Tenants
Unrestricted N/A
# of Units 6 5 2 1 1 15
# of Units as
a % of Total 40.0% 33.3% 13.3% 6.7% 6.7% 100%
Sq Ft 755 769 755 769 755 11,409
Bedrooms Two Two Two Two Two 30

2.7 Minimum Development Standards for Affordable Units. The Affordable Units shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials as provided for any Unrestricted Units, regardless of whether such Unrestricted Units are in the Project.

2.8 Permits and Processing; Compliance with Laws. Developer, at its sole cost and expense, or as otherwise set forth in a separate written agreement, shall secure or cause to be City Council 12 – 16 7/15/2025
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7 2130 East Fourth Street Density Bonus Agreement
secured any and all permits that may be required for development of the Project by City or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Upon securing any and all permits, and all necessary financing and property interests, Developer shall carry out and perform the development, operation, and maintenance of the Project or cause the performance of the development, operation, and maintenance of the Project, in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval issued by the City Council and City's Planning Commission for the Project. Any changes to the Project shall be reviewed by the City to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of Developer to comply with any terms of this Agreement in City’s sole determination, then City and Developer shall meet and confer to address amendments and revisions to this Agreement as necessary.

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

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

3. AFFORDABILITY

3.1 Affordability Term. Each Affordable Unit shall be restricted to use and occupancy by Eligible Households for a term of not less than fifty-five (55) years ("Affordability Term"). The Affordability Term shall commence on the date when an Affordable Unit receives all required occupancy permits from the City and expire on the date that is fifty-five (55) years after the date when the Affordable Unit is first made available for occupancy to Eligible Households City Council 12 – 17 7/15/2025
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8 2130 East Fourth Street Density Bonus Agreement
pursuant to this Agreement. The Affordability Term shall be determined for each individual Affordable Unit.

3.2 Memorializing Commencement of Affordability Term. Developer shall keep or cause to be kept detailed records of the commencement date of the Affordability Term for each Affordable Unit. City shall have the right to review and verify said records to ensure that the commencement date specified by Developer for an Affordable Unit coincides with the date that the Affordable Unit received all permits from City required for occupancy of the Unit. In the event that a conflict exists between the date specified by Developer for the commencement of the Affordability Term for an Affordable Unit and the date specified by City's issuance of all required permits for occupancy of the Unit, the date specified by City's issuance of all required permits for occupancy of the Unit shall control.

3.3 Levels of Affordability.

3.3.1 Affordable Rent. Developer covenants that all three (3) Affordable Units in the Project shall at all times during the Affordability Term be rented to, or held vacant and available for immediate occupancy by an Eligible Household, at an Affordable Rent.

3.3.2 Affordable Rent for Very Low Income Tenants. The Affordable Rent for Very Low Income Tenants shall not exceed the limits set forth in California Health and Safety Code Section 50053 and implementing regulations, which provide that the Affordable Rent shall not exceed thirty percent (30%) times fifty percent (50%) of the Median Income, as adjusted for family size appropriate to the unit.

3.3.3 Affordable Rent Schedule. Prior to issuance of a Certificate of Occupancy for the Project, and on each anniversary of the issuance of the initial Certificate of Occupancy for the Project, Developer shall provide to the City the Affordable Rent Schedule, which City shall have not less than thirty (30) days to review and approve or disapprove, which approval shall not be unreasonably withheld.

4. OPERATION OF THE PROJECT BY DEVELOPER

4.1 Payment of Density Bonus Setup Fee. A Density Bonus Setup Fee in the amount of Two Thousand Five Hundred Sixty One Dollars and Seventy-Two Cents ($2,561.72), was paid by the Developer on November 20, 2024, prior to execution of this Agreement.

4.2 Recording of Documents; Priority.

4.2.1 No later than issuance of building permits for the Project, Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement. City shall cooperate with Developer in promptly executing in recordable form this Agreement. The date of recording of the Agreement shall be the Effective Date of the Agreement. Upon the date of recording, the terms and conditions of this Agreement shall be binding upon and run with the Property and Project for the Term of this Agreement. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Property, the Project, and the Units to ensure compliance with the State City Council 12 – 18 7/15/2025
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9 2130 East Fourth Street Density Bonus Agreement
Density Bonus Law and City Density Bonus Law, and to ensure the continued supply of Affordable Units in the Project, except as expressly set forth in this Agreement.

4.2.2 The Agreement shall be recorded against the Property and have priority over those matters of public record, except as approved in writing by the City. For purposes of this paragraph, Developer shall provide the City with a preliminary title report for the Property dated not less than thirty (30) days prior to the execution of this Agreement. Developer agrees and warrants that it will exercise reasonable efforts to obtain the consent or approval to a subordination agreement with any senior lienholders and that, if such consent or approval is not provided, this Agreement and the benefits to Developer and the Project hereunder may be terminated by the City with thirty (30) days' written notice.

4.3 Rental of Units. Upon the completion of construction of the Project and receipt by Developer of all required permits for the occupancy of the Units, Developer shall rent or cause to be rented each Affordable Unit to Eligible Households for the Affordability Term for such Affordable Unit in accordance with the terms and conditions set forth in this Agreement, which provide among other terms and conditions for the rental of each Affordable Unit at an Affordable Rent to an Eligible Household for the Affordability Term.

4.4 Occupancy Levels. Subject to state or federal laws and regulations, the number of persons permitted to occupy each Affordable Unit shall not exceed two persons per bedroom, plus one person. If an Eligible Household, during the terms of its tenancy, adds members that exceed the maximum occupancy allowed under this section, Developer shall provide written notification informing the household that: it is over-occupancy; has been placed on a waiting list for up to one-hundred and eighty (180) days; the expiration date of the waiting list; and the terms for terminating the lease. A written status update will be provided to the household at one-hundred and twenty (120) days, ninety (90) days, sixty (60) days and thirty (30) days if applicable.

4.5 Use of the Property. All uses conducted on the Property by Developer, including, without limitation, all activities undertaken by the Developer pursuant to this Agreement, shall conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal, state, and local laws, rules, and regulations. The Project shall at all times during the Term of this Agreement be used as a rental housing complex and none of the Affordable Units in the Project, nor shall the Property or any portion thereof, ever be used as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest home, or be converted to condominium ownership. All of the community facilities and any social programs provided to the Project’s residents shall be available on an equal, nondiscriminatory basis to residents of all Units at the Project.

4.6 Maintenance. Developer shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. Owner shall be fully and solely responsible for costs of maintenance, repair, addition and improvements. City, and any of its employees, agents, contractors or designees shall have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect the Project, after providing notice as follows: (i) at least a 24-hour notice to Developer and Tenants of the Affordable Unit which will be inspected, or (ii) at least 48 City Council 12 – 19 7/15/2025
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hours’ notice to Developer, which shall promptly give notice to Tenants of the Affordable Unit to be inspected.

4.7 Affordable Rental Lease Agreement. Developer shall prepare and obtain City’s approval, which approval shall not be unreasonably withheld, conditioned or delayed, of a rental lease agreement for the Affordable Unit (“Affordable Unit Lease Agreement”) for the Affordable Unit. All Affordable Unit Lease Agreements must 1) identify the names and ages of all members of the household who will occupy the Affordable Unit; and 2) state that the Household’s right to occupy the Affordable Unit is subject to compliance with the Median Income requirements, adjusted for family size appropriate to the unit, as periodically published by HCD. All Affordable Unit Lease Agreements must be consistent with the terms contained in this Density Bonus Agreement.

4.8 Selection of Tenants.

4.8.1 Developer shall be responsible for the selection of tenants for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement.

4.8.2 Local preference for Santa Ana residents and workers in tenant selection for the Affordable Units shall be a requirement of the Project. Subject to applicable laws and regulations governing nondiscrimination and preferences in housing occupancy required by the State of California, the Developer shall give preference in leasing the Affordable Units to households that live and/or work in the City of Santa Ana or who have an active Housing Choice Voucher issued by the Housing Authority of the City of Santa Ana or any other Public Housing Authority.

4.8.3 All applicants for Affordable Units will be screened and “lotterized.” A waiting list will be created from a lottery generated from the initial pool of rental applications.

The waiting list will track applicant name and contact information, lottery number (or designated number after the initial lottery), household income, household size, status of application, and any other information deemed necessary. The waiting list will be maintained as an electronic file and available for audit by the City of Santa Ana in accordance with resident selection procedures as set forth herein.

4.8.4 Prior to the rental or lease of an Affordable Unit to a tenant(s), Developer shall require the tenant(s) to execute a written lease and to complete a Tenant Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the tenant(s) occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility requirements established for the Affordable Unit. Developer shall verify the income of the tenant(s) as set forth herein.

4.8.5 The Developer may rent or lease an Affordable Unit(s) to a nonprofit organization or an entity affiliated with a nonprofit organization, provided that the nonprofit organization or entity is required as a condition of that lease (a "Master Lease") to sublease the Affordable Unit to an Eligible Household. The Master Lease shall be provided to the City, which shall have thirty (30) days to review and approve, which approval shall not be unreasonably withheld. Prior to the rental or lease of an Affordable Unit under a Master Lease, Developer shall City Council 12 – 20 7/15/2025
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require the lessee thereunder to require each prospective sub-tenant to complete a Tenant Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the resident(s) occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility requirements established for the Affordable Unit under this Agreement. If an Affordable Unit subject to a Master Lease is not rented within thirty (30) days, then the City shall have the right to require termination of the Master Lease or declare a default under this Agreement for failure to fully utilize the Affordable Unit. The Master Lease shall require compliance with this Agreement, and nothing in this paragraph or the Master Lease shall relieve Developer from compliance with the obligations of this Agreement.

4.9 Income Verification and Certification.

Developer shall make reasonable efforts to verify or cause to be verified that the income and asset statement provided by an applicant in an income certification is accurate by taking, at a minimum, at least one of the following steps as a part of the verification process: (1) obtain three months consecutive pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) obtain an income verification form from the applicant’s current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification.

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

4.9.2 Annual Recertification. Developer agrees to recertify or cause to be recertified household eligibility annually. Notification of Annual Tenant Recertification shall be sent to the household in substantially the form attached hereto as Exhibit C. An Annual Rental Housing Compliance Report (“Annual Compliance Report”) shall be sent by Developer to the City in substantially the form attached hereto as Exhibit D for City’s review and approval. The Annual Compliance Report shall be due to the City within 30 days of the anniversary of the commencement of the Affordability Term, which is the date that each building receives all required occupancy permits from the City.

4.9.3 Continued Income Qualification and Vacated Affordable Units. If the annual recertification demonstrates that a previously Eligible Household’s gross household income exceeds the allowed Median Income for the Affordable Unit, the Developer will be considered in compliance with this agreement so long as one of the following pertinent actions from the following list is taken:
(a) The Developer may offer to rent the unit to the previously, but no longer, Eligible Household as an Unrestricted Unit without any limitations on rental rates. In that case, the Developer must then make available for rent to an Eligible Household another unit within the Project that meets the size and location requirements for Affordable Units under this Density City Council 12 – 21 7/15/2025
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Bonus Agreement. If there are no vacant units meeting those requirements, then the next available unit within the Project which does meet those requirements must be rented to an Eligible Household.
(b) If the no longer Eligible Household either moves to another Unrestricted Unit within the Project or leaves the Project altogether, then the vacated Affordable Unit, or, at Developer’s election, any other Unrestricted Unit within the Project which meets the size and location requirements for Affordable Units under this Density Bonus Housing Agreement and has the same number of bedrooms as the vacated unit, shall be rented as an Affordable Unit to an Eligible Household.
(c) Developer may proceed to terminate the tenancy and pursue any and all remedies in accordance with law or contract.

4.10 Monitoring and Recordkeeping. Throughout the Term of this Agreement, Developer shall annually complete or cause to be completed and submit to City the Annual Compliance Report. Developer agrees to pay a reasonable fee, as set by City resolution, for the purpose of paying the actual costs associated with the City’s obligation to monitor Developer’s compliance with the affordability restrictions contained in this Agreement related to the Affordable Units, not to exceed monitoring costs for up to three (3) Affordable Units. Representatives of City shall be entitled to enter the Property if necessary after review of above documentation, upon at least forty-eight (48) hour notice, to monitor compliance with this Agreement, and shall be entitled to inspect the records of the Project relating to the Affordable Units and to conduct an independent audit or inspection of such records at a location within the City that is reasonably acceptable to the City without a fee from the City. Developer agrees to cooperate with City in making the Property and the records of the Project relating to the Affordable Unit reasonably available for such inspection or audit. Developer agrees to maintain or cause for the maintenance of each record of the Project for no less than five (5) years after creation of each such record, including the five-year period following the expiration of the Term of this Agreement.

Developer shall allow the City to conduct annual inspections of the Affordable Unit on the Property after the date of construction completion, with reasonable notice, which shall be at least twenty four (24) hours in advance, unless a shorter time is required in an emergency, to Developer of the Affordable Unit. Developer shall commence to cure or cause the commencement to cure any defects or deficiencies found by the City while conducting such inspections within ten (10) business days of written notice thereof, or such longer period as is reasonable within the sole discretion of the City.

4.11 Notice of Affordability Restrictions on Transfer of Property. In the event the Developer wishes to sell or transfer the Project, during the Term of this Agreement, the City and the Developer shall execute and deposit into escrow, a Notice of Affordability Restrictions on Transfer of the Property, to be executed by the City and Developer in a form substantially similar to Exhibit E, which is attached hereto and must be executed by the parties prior to any transfer of the Property.

4.12 Emergency Evacuation Plan. Developer shall submit and obtain approval of an Emergency Evacuation Plan (the EEP) from City Police and Fire Protection agencies prior to City Council 12 – 22 7/15/2025
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issuance of a Certificate of Occupancy. Up-to-date 24-hour emergency contact information for the on-site personnel shall be provided to the City on an ongoing basis and the approved EEP shall be kept onsite and also be submitted to the following City Agencies:
(a) Police Department
(b) Fire Department
(c) Planning and Building Agency
(d) Community Development Agency

4.13 Crime Free Housing. Developer shall work with City staff to formalize a crime free housing policy, procedure, and design plan (the “CFH Plan”), which includes the following provisions:
(a) Requiring parking areas and common interior areas (lobbies, elevators, etc.) to contain security cameras;
(b) Requiring routine unit inspections;
(c) Ensuring lobby/other entrance doors are secured and accessed via remote controls, fobs, etc.; and
(d) Have policies in place to ensure that common use areas such as hallways and trash enclosures are maintained in good condition and repair (e.g., welllit, kept clean, etc.).

Developer shall submit and obtain approval from the City’s Planning and Building Agency (“PBA”) that the CFH Plan meets the requirements of this Subsection 4.13 prior to issuance of the Certificate of Occupancy. The approved CFH Plan shall be implemented and administered by Developer or its designated property manager.

4.14 Onsite Parking Management Plan. Developer shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site.

Developer shall continually monitor and take the following measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way.
(a) Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the onsite parking spaces for both residents and guests; (b) Policies for maximum time vehicles may be parked in the surface parking spaces, including any guest parking; and
(c) Policies for towing unauthorized vehicles, vehicles parked in unauthorized locations (such as fire lanes), vehicles parking in surface guest parking City Council 12 – 23 7/15/2025
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without a sticker, hang-tag, or other identifiers, and vehicles parked longer than any maximum guest parking timeframes allowed.

Prior to issuance of the Certificate of Occupancy, Developer shall submit and obtain approval from the PBA a Parking Management Plan (the “PMP”) including those measures above.

The approved PMP shall be adhered to and be enforced by the Project at all times.

4.15 Marketing and Resident Selection Plan.

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

4.15.2 The Marketing Program shall include, but is not limited to, marketing and community outreach activities, proposed tenant selection criteria, occupancy standards, income requirements, timeline and details for outreach and marketing, data collection, record keeping and monitoring, procedures for complaints, and compliance assessment. Components of the resident selection plan shall include, but are not limited to, the application process, interview procedure, apartment offer and assignment, rejected applications, and wait list management. All requirements set forth herein shall be incorporated in the Marketing Program.

5. TERM OF THIS AGREEMENT

5.1 Term. The term of this Agreement ("Term") shall commence on the Effective Date and shall continue until the expiration of the Affordability Term for all Affordable Units, as set forth in Section 3.1, above.

6. DEFAULT AND TERMINATION; INDEMNIFICATION

6.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein), constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety (90) days). Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure has expired.

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

Notwithstanding the above, should the Developer elect to not proceed with the Project prior to commencement of construction, the Developer shall submit written notice of such City Council 12 – 24 7/15/2025
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termination (“Termination Letter”) to the City, which Developer, for itself, its successors and assigns, states that it waives, forfeits, and relinquishes any and all benefits under this Agreement.

Upon City’s receipt of the Termination Letter, the Parties agree to terminate this Agreement, except that the obligations of Section 4.1 and 6.4 shall survive termination. Developer shall, at its sole cost and expense, prepare and record a Termination of Agreement, which City shall review and approve, in the exercise of reasonable discretion. Such termination shall not be considered a default by any Party, but it shall result in a termination of the Agreement as provided for herein.

6.2 City's Remedies. In the event of a Default, the City shall have all rights and remedies available at law, and may seek any or all of the following remedies:

6.2.1 Any individual who sells or rents (including subleasing) an Affordable Unit in violation of the provisions of this Agreement shall be required to forfeit to City all monetary amounts so obtained.

6.2.2 City may exercise any rights or institute any appropriate legal actions or proceedings necessary to ensure compliance with this Agreement, including but not limited to:
(a) Actions to revoke, deny or suspend any permits and/or certificate of occupancy; and
(b) Actions for injunctive relief or damages.

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

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

7. ASSIGNMENT; COVENANTS RUN WITH THE LAND

7.1 Assignment by Developer.

7.1.1 Prohibited Transfers or Assignments. Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement, in whole or in part, unless the sale, transfer, or assignment complies with this Section 7. If Developer seeks to sell, transfer or assign the Property or Project, or any City Council 12 – 25 7/15/2025
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rights and obligations in this Agreement, Developer shall request City’s written consent, and City shall respond within thirty (30) days with a written approval or denial, which City may determine in its sole and absolute discretion. If City approves such a request, then prior to any such sale, transfer or assignment, Developer shall pay City’s reasonable fees as compensation for the City’s review of the request. City’s failure to respond to the request within thirty (30) days shall be deemed an approval.

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

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

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

7.2 Covenants Run with the Land. The Property shall be used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be binding upon Developer and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Property is rendered less valuable thereby. Developer hereby further declares its understanding and intent that the agreement provides a public benefit in furtherance of benefit of such covenants City Council 12 – 26 7/15/2025
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touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City.

8. MISCELLANEOUS

8.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth and contain the entire understanding and agreement of the parties with respect to the density bonus of the Project, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein.

No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

8.2 Amendment. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance approved by the City Council, or through the City Manager as detailed herein, and signed on behalf of each party. The City Manager shall have the authority to make approvals, issue interpretations, execute documents, waive provisions, and/or enter into amendments of this Agreement on behalf of City that further the intent of this Agreement. Any requested alteration, change or modification of the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as applicable, for the City’s review of the request. Each alteration, change, or modification to this Agreement shall be recorded against the Property in the Official Records of Orange County, California.

8.3 Notices.

8.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next-day document delivery service (such as Federal Express), charges prepaid and delivery scheduled next-day to the recipient named below, provided that the sending party receives a confirmation of delivery from the delivery service provider; or (v) the first business day following the date of transmittal of any facsimile, provided confirmation of successful transmittal is retained by the sending Party; or (vi) upon transmission thereof (as evidenced by the recipient’s reply to such notice or other competent evidence of actual receipt) if transmitted by electronic transmission (email), provided that a copy of such notice is concurrently sent by first-class mail postage prepaid. All notices shall be addressed as follows:

If to City: City of Santa Ana
Community Development Agency
20 Civic Center Plaza (M-26)
P.0. Box 1988
City Council 12 – 27 7/15/2025
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Santa Ana, California 92702
Attention: Housing Manager
With a copy to: Office of the City Attorney
City of Santa Ana
20 Civic Center Plaza, 7th Floor (M-29)
Santa Ana, California 92702
If to Developer: Olive Crest
2130 East Fourth Street,
Santa Ana, California 92705
Attn: Donald Verleur

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

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

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

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

8.7 Singular and Plural. As used herein, the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates.

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

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

8.10 Computation of Days. Unless otherwise specified in this Agreement or any Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this City Council 12 – 28 7/15/2025
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Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business.

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

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

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

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

If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance.

8.15 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party.

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

City Council 12 – 29 7/15/2025
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8.17 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.

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

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

8.20 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and in the satisfaction of the Project and conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or the Project or to evidence or consummate the transactions contemplated by this Agreement. City hereby authorizes City Manager to take such other actions and negotiate and execute any additional agreements or amendments to this agreement as may be reasonably necessary or proper to fulfill the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City.

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

8.22 No Subordination. City's approval of the necessary land use entitlements that authorize Developer to develop, operate, and maintain the Project was based upon Developer's obligation to provide the Affordable Units pursuant to the State Density Bonus Law, City Density City Council 12 – 30 7/15/2025
55394.00101\43846773.1
21 2130 East Fourth Street Density Bonus Agreement
Bonus for Affordable Housing, and the terms and conditions of this Agreement. For the duration of the Term, this Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof.

Developer expressly understands and acknowledges that state law requires preservation of affordability covenants in connection with the approval of this density bonus project.

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

8.24 Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder.
{Signatures on following page}
City Council 12 – 31 7/15/2025
City Council 12 – 32 7/15/2025
55394.00101\43846773.1
Exhibit A to
2130 East Fourth Street Density Bonus Agreement

EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY
APN: 400-091-23
City Council 12 – 33 7/15/2025
55394.00101\43846773.1
Exhibit B to
2130 East Fourth Street Density Bonus Agreement

EXHIBIT B

TENANT VERIFICATION
[SEE FOLLOWING PAGES]
City Council 12 – 34 7/15/2025
EXHIBIT “B”
Income Verification Form Page 1
Santa Ana, California

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

Current Address (if
different from above):

Telephone Number: Home: Work: Cell:

Email address:

Date of Birth: Social Security # or TIN:

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

City Council 12 – 35 7/15/2025
EXHIBIT “B”
Income Verification Form Page 2
Santa Ana, California

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

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

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

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

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

5. Public assistance, welfare payments $ $ $

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

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

8. Other $ $ $
Subtotal: Monthly Earned Income $
Total Monthly Earned Income x 12 = $_______________ Total Annual Household Gross Earned Income City Council 12 – 36 7/15/2025
EXHIBIT “B”
Income Verification Form Page 3
Santa Ana, California

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

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

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

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

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

City Council 12 – 37 7/15/2025
EXHIBIT “B”
Income Verification Form Page 4
Santa Ana, California

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

1. Bank and Savings accounts $ $ $

2. Stocks and bonds $ $ $

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

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

City Council 12 – 38 7/15/2025
EXHIBIT “B”
Income Verification Form Page 5
Santa Ana, California

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

Calculation of Investment Income to be Included in Annual Household Income

1. Total Annual Household Investment Income $

2. Total Asset Value $ x 10% $
The Greater of #1 or #2 = Investment Income to be Included in Annual Household Income $___________ Calculation of the Household’s Total Annual Income
Total Annual Household Gross Earned Income $
Total Investment Income to be Included in Annual Household Income $ Total Household Income $
Documentation
Attach True Copies of the Relevant Documents Listed Below Paycheck stubs from three most recent
pay periods Bank/Savings account verification
Employment verification Self-employment verification
Three years Income tax returns for Title
Holders Unemployment verification
Social security verification Welfare verification
Alimony/child support verification Disability income verification Other (Describe)
City Council 12 – 39 7/15/2025
EXHIBIT “B”
Affidavit Page 6
Santa Ana, California

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

Signature Date
Printed Name
Executed at __________________________________, Santa Ana, California Signature Date
Printed Name
Executed at __________________________________, Santa Ana, California City Council 12 – 40 7/15/2025
55394.00101\43846773.1
Exhibit C to
2130 East Fourth Street Density Bonus Agreement

EXHIBIT C

ANNUAL TENANT RECERTIFICATION
[SEE FOLLOWING PAGES]
City Council 12 – 41 7/15/2025
Exhibit “C”
Administrative Procedures Manual Page 1
Rental Residential Development June 3, 2025

TENANT INCOME VERIFICATION FORM
2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION ORDINANCE

CITY OF SANTA ANA
Table 1: Annual Household Gross Earned Income 1
List All Sources of Earned Income for all Adult Household Members Living in the Inclusionary Unit Head of
Household
Other Adult
Household
Members Total

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

2. Net income from business $ $ $

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

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

5. Public assistance, welfare payments $ $ $

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

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

8. Other $ $ $
Subtotal: Monthly Earned Income $
Total Monthly Earned Income x 12 = $_______________ Total Annual Household Gross Earned Income

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

City Council 12 – 42 7/15/2025
Tenant Income Verification Form Page 2
Administrative Procedures Manual: Rental Housing Development June 3, 2025 Table 2A: Household Assets 2
List the Value of All Assets Owned by all Adult Household Members Living in the Inclusionary Unit Head of
Household
Other Adult
Household
Members Total
Return @ 10%
of Total

1. Bank & savings accounts $ $ $ $

2. Stocks and bonds $ $ $ $

3. Real property $ $ $ $

4. Other $ $ $ $
Table 2B: Income Earned Annually from Household Assets
List the Actual Annual Return on All Assets
Owned by all Adult Household Members Living in the Inclusionary Unit Head of
Household
Other Adult
Household
Members Total

1. Bank and savings accounts $ $ $

2. Stocks and bonds $ $ $

3. Real property $ $ $

4. Other $ $ $
The return on Household assets to be included in the Gross Income calculation is set at the greater of the two amounts shown on the following page:

2 Necessary items, such as furniture and automobiles, used for personal use are excluded from household assets.

Collections of items for hobby, investment or business purposes must be included in household assets. Under California Government Code Section 6914, if the total value of household assets exceeds $5,000, the calculation of the household’s annual income shall include the greater of the actual amount of income, if any, derived from all of the household assets; or 10% of the total value of the assets.

City Council 12 – 43 7/15/2025
Tenant Income Verification Form Page 3
Administrative Procedures Manual: Rental Housing Development June 3, 2025 Table 2C Annual Asset Income to be Added to Annual Household Gross Earned Income 10% Annual
Return Actual Return
Return to be
Applied

1. Bank and savings accounts $ $ $

2. Stocks and bonds $ $ $

3. Real property $ $ $

4. Other $ $ $
Total Annual Return to be Added to Annual Household Gross Earned Income $ The total Gross Household Income is equal to the sum of the following:

Table 3:

Calculation of the Household’s Total Annual Gross Income Annual Household Gross Earned Income (Table 1) $
Annual Asset Income (Table 2C) $
Total Annual Household Gross Income $
Income Documentation
Attach True Copies of the Relevant Documents Listed Below Paycheck stubs from two most recent
pay periods Bank/Savings account verification
Employment verification Self-employment verification
Income tax return Unemployment verification
Social security verification Welfare verification
Alimony/child support verification Disability income verification Other (Describe)
City Council 12 – 44 7/15/2025
Exhibit “C”
Tenant Income Verification Form Page 1
Administrative Procedures Manual: Rental Housing Development June 3, 2025

AFFIDAVIT
This Affidavit is made with the knowledge that it will be relied upon by the _____________ City of Santa Ana, our landlord and the owner of our apartment building, to determine maximum income for eligibility. (I/we) warrant that all information set forth in this document is true, correct and complete and based upon information (I/we) deem reliable and based upon such investigation as (I/we) deemed necessary.
(I/We) acknowledge that (I/we) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of (my/our) rental agreement with the property owner to rent the unit and will additionally enable the property owner to initiate and pursue all applicable legal and equitable remedies with respect to the unit and to me/us. (I/We) do hereby swear under penalty of perjury that the foregoing statements are true and correct and that this affidavit has been executed as of the date specified below by each adult member of the household which intends to occupy an Inclusionary Unit located at ______________________ ,Santa Ana, California.

Signature Date
Printed Name
Executed at __________________________________, Santa Ana, California Signature Date
Printed Name
Executed at __________________________________, Santa Ana, California City Council 12 – 45 7/15/2025
55394.00101\43846773.1
Exhibit D to
2130 East Fourth Street Density Bonus Agreement

EXHIBIT D

ANNUAL RENTAL HOUSING COMPLIANCE REPORT
[SEE FOLLOWING PAGES]
City Council 12 – 46 7/15/2025
Project Name: Date:

Project Address: Reporting Period:

Total Number of Units in the Project: Number of Very Low Income Units:

Compliance Report Completed By:

Phone Number:

Unit #
Household
Name
Household
Size
Household
Income
Number of
Bedrooms Gross Rent
Utility
Allowance
Other
Mandatory
Payments Net Rent
Date First
Occupied
Date of Last
Income
Recertification

CITY OF SANTA ANA

ANNUAL RENTAL RESIDENTIAL DEVELOPMENT COMPLIANCE REPORT Calculation of Net Monthly Rent
Minus:
2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION ORDINANCE Administrative Procedures Manual:

Rental Residential Development

Page 1 ends

Santa Ana City CouncilJuly 15, 2025

Santa Ana City Council
July 15, 2025