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 DEVELOPM ENT, INCLUDING THREE
UNITS PROPOSED AS AF FORDABLE TO VERY LOW -
INCOME HOUSEHOLDS, A T THE PROPERT Y 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 (“Applican t”), 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
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 (Pro gram 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 Environ mental 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 leg al, 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 “Action s”), 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 iss ued 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.
_______________________
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 _______________________________________
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