RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING DENSITY BONUS AGREEMENT
NO. 2026-03 FOR A MIXED-USE DEVELOPMENT WITH 400
RESIDENTIAL UNITS, INCLUDING 20 UNITS PROPOSED
AS AFFORDABL E TO EXTREMELY LOW -INCOME
HOUSEHOLDS, AND 13,887 SQUARE FE ET OF
COMMERCIAL SPACE FOR THE PROPERTY LOC ATED
AT 200 EAST SANDPOIN TE AVENUE (APN S: 411-111-07,
411-111-09, 411-111-10, AND 411-111-11)
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. CM Sandpointe, LLC, GH Sandpointe LLC, JMT Sandpointe LLC and QC Sandpointe LLC (collectively, “Applicant” and “Owner”), request approval of Density Bonus Application (DBA) No. 2026-03 to facilitate the construction of a mixed -use development, with 400 apartment units , including 20 affordable units (five percent of the total units) r eserved for extremely low- income households, and 13,887 square feet of ground -floor commercial space for the property located at 200 East Sandpointe Avenue (“Project”).
B. California Government Code Sections 65915 through 65918 (State Density Bonus Law) and Santa Ana Municipal Code (SAMC) Sections 41 -1600 through 41 -1607 authorize qualifying housing developments that provide affordable housing units to enter into a Density Bonus Agreement to document affordability obligations and related requirements.
C. The Project includes 20 affordable housing units reserved for extremely low- income households, representing five percent of the total residential units, and is therefore eligible to utilize the provisions of State Density Bonus Law.
D. As proposed, the Project do es not request a numerical density bonus, incentive, concession, waiver, or reduction in development standards pursuant to California Government Code Sections 65915 through 65918 or SAMC Sections 41-1600 through 41-1607.
E. The Project proposes to utilize the parking standards set forth in California Government Code Section 65915(p) for qualifying affordable housing developments. The Project provides 718 parking spaces, which exceeds the applicable parking requirement of 516 spaces. Utilization of the parking
standards established by State Density Bonus Law does not constitute an incentive, concession, waiver, or reduction in development standards.
F. On May 11, 2026, 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, Conditional Use Permit (“CUP”) No. 2025-16 for proposed multifamily development and commercial uses. Density Bonus Agreement No. 2026 -03 was not considered by the Planning Commission because the Project does not request any incentives, concessions, waivers, or reductions requiring Planning Commission action pursuant to Santa Ana Municipal Code Section 41-1607.
G. Pursuant to SAMC Section 41 -1602(d), approval of Density Bonus Agreement No. 2026-03 is within the purview of the City Council.
H. On July 7, 2026, the City Council of the City of Santa Ana held a regular meeting and considered approval of Density Bonus Agreement No. 202 6-
03. I. The City Council hereby approves Density Bonus Agreement No. 2026-03.
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 Project qualifies for exemption from further environmental review under Sections 15183 and 15162. Section 15183 applies to projects consistent with the General Plan or zoning where redevelopment impacts have been adequately analyzed for the area, while Section 15162 applies when a previously certified Program Environmental Impact Report (Program EIR) adequately analyzed the environmental effects of an activity and no new significant impacts would result from the proposed Project.
The Project is within the scope of the 2022 Santa Ana General Plan EIR (SCH No. 2020029087). CEQA Guidelines Section 15162 prohibits a subsequent or supplemental EIR unless: (1) substantial changes are proposed in the project; (2) substantial changes occur in circumstances under which the project is undertaken; or (3) new information of substantial importance becomes available. The Project is consistent with the land use designation analyzed in the General Plan EIR. No supplemental or subsequent EIR is required because: (1) the amendment will not require major revisions of the EIR; (2) there have been no substantial changes with respect to circumstances under which the General Plan was approved that will req uire major revisions; and (3) no new information, which was not known and could not have been known at the time the EIR was certified as complete, has become available. The prior EIR adequately describes the environmental setting, impacts, and mitigation m easures. Therefore, a Notice of Exemption, Environmental Review No. ER-2024-45, 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, department s, 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, em ployees, 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, agent s, 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. 2026-03 and authorizes the City Manager to execute the Agreement in a form approved by the City Attorney. This approval is based on the written materials submitted, including: The Planning Commission Staff Report dated May 11, 2026; and the Request for City Council Action dated July 7, 2026, 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 ___________, 2026.
_______________________
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, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-XX to be the original resolution adopted by the City Council of the City of Santa Ana on________________, 2026.
Date: ________________ ____________________________________ City Clerk
City of Santa Ana