Resolution No. 2026-XX
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING VESTING TENTATIVE TRACT
MAP NO. 2025-04 (COUNTY MAP NO. 19391) AS
CONDITIONED TO ALLOW A SIXTY-ONE UNIT
SUBDIVISION FOR CONDOMINIUM PURPOSES FOR THE
PROPERTIES LOCATED AT 4320 WEST FIRST STREET
AND 201 SOUTH MOUNTAIN VIEW STREET (APNs: 188-
021-11, 188-021-12, & 188-021-10)
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. Santa Ana MV LLC (“Property Owner”), represented by Storm Bird of Storm Properties, Inc. (“Applicant”), is requesting approval of Vesting Tentative Tract Map (“VTTM”) No. 2025-04 (County Map No. 19391) to subdivide for condominium purposes and allow the construction of a 61-unit attached townhome development located at 4320 W. First Street and 201 S.
Mountain View Street (“Project Site”).
B. The application includes the following related land use approvals: (1) General Plan Amendment (“GPA”) No. 2026-01 to change the site’s General Plan land use designation from General Commercial (GC) and Low-Medium Density Residential (LMR-11) to Urban Neighborhood-Low (UN-20); (2) Amendment Application (“AA”) No. 2026-03 to change the site’s zoning designation from General Commercial (C2) and Light Industrial (M1) to Specific Development (“SD”) No. 98 (SD-98) and to adopt SD-98 regulations; and (3) Density Bonus Agreement (“DBA”) No. 2025-04 memorializing one concession granted pursuant to State Density Bonus Law.
C. GPA No. 2026-01 amending the land use designation and AA No. 2026- 03 to change the zoning designation of the properties require adoption by the City Council to become effective, and the VTTM is being considered concurrently with the proposed amendments.
D. California Senate Bill 330 (“SB 330”), the Housing Crisis Act of 2019 (HCA), amending the Permit Streamlining Act and the Housing Accountability Act, became effective on January 1, 2020, and established a statewide “housing emergency” until January 1, 2025.
E. On January 1, 2022, the HCA was extended until January 1, 2030, with the passage of Senate Bill 8.
F. By passage of Assembly Bill 130, the sunset provision contained in State law was deleted, making permanent the mandates of the HCA.
Resolution No. 2026-XX
G. The proposed development is a “housing development project” being submitted as an SB 330 application.
H. On June 3, 2025, the Applicant provided the City with an SB 330 Preliminary Application; thereafter, on July 22, 2025, Applicant provided additional information to staff to complete their submission consistent with State law contained in Government Code Section 65941.1.
I. The Project Site has General Plan land use designations of General Commercial (GC) and Low-Medium Density Residential (LMR-11) and is located within the General Commercial (C2) and Light Industrial (M1) zoning districts.
J. Subdivision requests are governed by Chapter 34 and Chapter 41 of the Santa Ana Municipal Code (“SAMC”) and the California Subdivision Map Act (“SMA”). The City Council is authorized to review and take action on tentative tract maps and related project approvals in accordance with these provisions.
K. Pursuant to SAMC Section 34-127 and the Subdivision Map Act, approval of a tentative tract map is required for projects proposing to create four or more parcels. The City Council is the decision-making authority for Vesting Tentative Tract Map No. 2025-04 in conjunction with its consideration of related Project entitlements.
L. On June 3, 2025, the Applicant submitted a Development Project Review (DP) application for the Project, initiating the City’s formal review process in accordance with the applicable provisions of the SAMC.
M. On May 18, 2026, the Applicant submitted an application for Vesting Tentative Tract Map No. 2025-04 requesting approval of a 61-unit subdivision for condominium purposes.
N. The Project proposes redevelopment of the Project Site through demolition of existing structures and is intended to allow for the construction of nine residential buildings containing a total of 61 for-sale townhome units, each to be subdivided for individual sale, with HOA-maintained common areas serving shared open space and internal circulation needs. Related project approvals include GPA No. 2026-01 amending the land use designation and AA No. 2026-03 to change the zoning designation of the properties to SD98, all of which are under consideration by the City Council.
O. The City Council finds that the public outreach requirements pursuant to Santa Ana Municipal Code (SAMC) Section 2-153 (Sunshine Ordinance), have been satisfied, including required public notification, community meetings, and posting of meeting materials on the City’s website.
P. An Initial Study and Mitigated Negative Declaration (IS/MND) was prepared for the Project. The IS/MND’s Notice of Intent (NOI) was posted to the County Clerk on May 5, 2026, for the required 30-day public comment Resolution No. 2026-XX
period, between May 5, 2026, and June 4, 2026. The IS/MND was also made available for public view at the City Hall Planning counter, Santa Ana Salgado Recreation Center and on the City website.
Q. On September 14, 2026, the Planning Commission held a duly noticed public hearing on Vesting Tentative Tract Map No. 2025-04 (County Map No. 19391) and recommended that the City Council approve the Vesting Tentative Tract Map, as conditioned.
R. The City Council of the City of Santa Ana determines that the following findings, in accordance with Section 66473.5 and 66474 of the SMA and Section 34-127 of the SAMC, which must be established in order to approve VTTM No. 2025-04 (County Map No. 19391), have been established:
1. The proposed project and its design and improvements are consistent with the General Plan land use designation and are otherwise consistent with all other Elements of the General Plan.
The Project and its design and improvements are consistent with the proposed Urban Neighborhood-Low (UN-20) land
use designation and supports several other goals and policies of the General Plan, advancing the City’s goals for balanced land use, housing diversity, and an attractive urban
environment.
The proposed Project will support several goals, objectives, and policies of the General Plan. The Project supports
responsible infill development by delivering high-quality housing, including affordable units, on an underutilized site that enhances neighborhood compatibility, expands
homeownership opportunities, and strengthens the
surrounding corridor (Goal LU-1; Policies LU-1.2, LU-1.5, LU1.6). It promotes efficient land use by concentrating residential development along a major travel corridor and supporting higher-density infill (Goal LU-2; Policies LU-2.5, LU-2.10), while remaining compatible with surrounding uses through its scale, massing, and architectural character, consistent with the existing neighborhood context (Goal LU-3; Policy LU-3.4).
It also enhances pedestrian connectivity and streetscape quality through landscaped sidewalks, internal walkways, and street-oriented building design that support walkability and access to nearby schools and transit (Policies M-3.1, M-4.5).
The inclusion of three affordable units supports housing opportunities for a range of income levels (Policy HE-1.1), while the provision of two-, three-, and four-bedroom homes, in addition to three live-work units and 10 live-work-style units with ground-floor flex space, contributes to a diversity of housing types and living arrangements suitable for families, small businesses, and evolving household needs (Policy HE- Resolution No. 2026-XX
2.5). In addition, the Project improves the site’s physical character through open space areas, pedestrian connections, and streetscape enhancements that define public and semipublic spaces and encourage community interaction (Goal UD-1; Policies UD-1.3, UD-1.5, UD-3.4). The combination of enhanced sidewalks, active landscaped frontages, and public realm improvements helps foster a safe, comfortable, and visually appealing environment that facilitates social
interaction and supports active transportation along the corridor (Policy UD‑3.3). Removal of a nonconforming
billboard and the addition of landscaping and frontage
improvements improve the visual quality of the corridor (Policy UD-2.9), while high-quality architectural design, varied materials, and context-sensitive site planning contribute positively to neighborhood character (Policies UD-1.1, UD2.2, UD-2.5).
The proposed Project is also consistent with General Plan Land Use Implementation Action LU-1, specifically
Implementation Measure LU-1.2, which requires that new
development projects involving a general plan amendment and/or zone change include a community benefit and
implementation plan that provides a net community benefit. In compliance with this requirement, the Applicant will provide a community benefit payment in the amount of $80,750 and an in-lieu public art payment in the amount of approximately $100,000 (0.5 percent of the Project’s construction valuation).
These payments will be deposited into the City’s General Fund and will support Citywide programs, services, and
priorities, thereby providing a broader community benefit.
The Project is consistent with the proposed UN-20 General Plan land use designation and the objective standards
implemented through the proposed Density Bonus
Agreement. The Project has also been designed in
compliance with the proposed SD-98 zoning designation, and the requested concession for development standard has been separately analyzed. The Project also complies with all subdivision codes and other relevant City ordinances. The Project is well-designed to integrate with the existing neighborhood, and its access and egress have been reviewed by the Public Works Agency for full regulatory compliance.
The Project would transform an underutilized, vacant site into a more productive residential use by providing 61 for-sale units, including three affordable units.
2. The project site is physically suitable for the type and density of the proposed project.
Resolution No. 2026-XX
The site is physically suitable for the proposed density and use, as it is located in a built-out, urbanized area and has been designed with necessary utilities, infrastructure
improvements, and site access as required under
Development Project Review No. 2025-17. Additional
conditions of approval address landscaping, architecture, and the Covenants, Conditions and Restrictions (CC&Rs) to
ensure compliance with applicable SAMC requirements and the proposed SD-98 standards. The Project also incorporates significant design features and articulated elevations to minimize visual impacts on surrounding land uses.
3. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injuries to fish or wildlife of their habitat.
The Project will not cause substantial environmental damage or substantially and avoidably injure fish, wildlife, or their habitat because the site is located within a fully urbanized area and the adopted Mitigation Monitoring and Reporting Program reduces all potentially significant impacts to a lessthan-significant level.
4. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use, of property within the proposed project.
The design and improvements of the Project will not conflict with easements necessary for public access or use of the property within the Project. Easements for a new emergency vehicle, public right-of-way dedication, and public utility easement will be recorded under the new subdivision. In addition, the covenants, conditions, and restrictions (CC&Rs) will ensure reciprocal access rights and maintenance
agreements between properties. The installation of all utilities will conform with the requirements stated in Section 41-626 of the Santa Ana Municipal Code. The conceptual design of all proposed construction for the property will not affect the rightof-way for road purposes.
S. The effectiveness of Vesting Tentative Tract Map No. 2025-04 is contingent upon the City Council’s adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (Environmental Review No. 2025-47) General Plan Amendment No. 2026-01, and Amendment Application No. 2026-03. Collectively, these approvals establish the land use designation, zoning regulations, environmental compliance, and development standards necessary to implement the proposed subdivision.
Without these companion approvals, the proposed subdivision would not be consistent with the General Plan, applicable zoning, or the approved Resolution No. 2026-XX
development standards, and therefore could not be implemented as proposed.
Section 2. Pursuant to the requirements of the CEQA, as amended (Section 21000 et. seq. of the Public Resources Code) and in accordance with the State CEQA Guidelines (Title 14, Section 15000 et. seq. of the California Code of Regulations), an Initial Study and Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared for the Project. The purpose of the IS/MND is to describe the proposed Project and to provide an evaluation of potential environmental impacts associated with the Project’s construction and operation.
Moreover, the IS/MND evaluates the potential environmental impacts of project implementation; includes significance determinations from the environmental analyses; identifies regulatory requirements to be incorporated into the project; and sets forth mitigation measures that will lessen or avoid potentially significant project impacts on the environment.
The City of Santa Ana is the Lead Agency for the Project pursuant to CEQA Guidelines Section 15367. The IS/MND and MMRP were circulated for public review in accordance with CEQA requirements, and the City Council has independently reviewed and considered the environmental documentation prior to taking action on this resolution.
The IS/MND concluded that the Project could result in potentially significant environmental impacts; however, with incorporation of the identified mitigation measures and compliance with applicable conditions of approval, all impacts would be reduced to a less-than-significant level. Possible impacts identified in the IS/MND include those related to Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Tribal Cultural Resources, and Mandatory Findings of Significance. • MM AQ-1: The Project Applicant shall require contractors to use offroad diesel construction equipment of 50 horsepower or greater that complies with EPA/CARB Tier 4 emissions standards or equivalent and is properly maintained.
• MM BIO-1: If ground disturbance or removal of trees, shrubs, or other nesting habitat occurs during the avian nesting season, the Project Applicant shall retain a qualified biologist to conduct a pre-construction nesting bird survey and require avoidance of active nests with the applicable buffer.
• MM CUL-1: If previously undiscovered cultural resources are encountered, the Project Applicant shall halt work in the immediate area and retain a qualified archaeologist to evaluate the find and determine appropriate treatment.
• MM GEO-1: The Project Applicant shall ensure geotechnical recommendations are incorporated into the project plans and verified by the City Engineer.
• MM GEO-2: The Project Applicant shall retain a Society of Vertebrate Paleontology-qualified paleontologist to review the proposed work and determine the potential to impact paleontological resources. • MM GEO-3: The Project Applicant shall require paleontological monitoring for ground-disturbing activities that may impact undisturbed Resolution No. 2026-XX
native Holocene to Pleistocene-aged soil and bedrock, as determined by a qualified paleontologist in consultation with the City of Santa Ana. • MM GEO-4: If fossils are determined to be significant, the qualified paleontologist shall prepare and implement a data recovery plan, including curation and final reporting.
• MM GEO-5: The Project Applicant shall ensure construction personnel are informed on identification of paleontological resources and procedures for unanticipated discoveries.
• MM HAZ-1: The Project Applicant shall prepare a Soil Management Plan and make it available to the contractor and City Engineer for use during earthwork at the site.
• MM TCR-1: The Project Applicant shall retain a Native American Monitor acceptable to the Gabrieleño Band of Mission Indians – Kizh Nation and submit the executed monitoring agreement to the City. • MM TCR-2: Upon discovery of tribal cultural resources, the Applicant shall require work to halt within at least 50 feet until evaluated by a qualified monitor or archaeologist, with treatment directed by the Tribe. • MM TCR-3: If Native American human remains and/or grave goods are discovered or recognized, the Project Applicant shall comply with applicable State law, preserve the remains in place where feasible, and keep the discovery confidential.
The IS/MND’s analysis determined that the above-mentioned environmental categories would cause no substantial adverse change to the environment with the inclusion of the enforceable mitigation measures, that would be adopted by the City.
Based on the whole of the administrative record, including the Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program, the City Council finds that the proposed Project will not have a significant effect on the environment with implementation of the adopted mitigation measures, and hereby adopts the IS/MND and MMRP in conjunction with approval of this vesting tentative tract map. Based on this analysis, a Notice of Determination, Environmental Review No. 2025-47, will be filed for this Project.
Section 3. This Resolution shall not become effective unless and until the City Council has adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (Environmental Review No. 2025-47), Resolution No. 2026-XX approving General Plan Amendment No. 2026-01, and Ordinance No. NS-XXXX approving Amendment Application No. 2026-03. If any of the foregoing approvals are not adopted, do not become effective, or are subsequently held invalid or unconstitutional by a court of competent jurisdiction, or otherwise fail to take effect for any reason, this Resolution shall be null and void and of no further force or effect.
Section 4. 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, 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 Resolution No. 2026-XX
other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that 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 6. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Vesting Tentative Tract Map No. 2025-04 (County Map No. 19391), subject to the Conditions of Approval attached hereto as Exhibit A and incorporated herein by this reference. This approval shall become effective in accordance with Section 3 of this Resolution. This decision is based upon the evidence submitted at the public hearing, including, but not limited to, the Request for Planning Commission Action dated September 14, 2026, the Request for City Council Action dated October 6, 2026, the exhibits attached thereto, and all public testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this 6
th day of October, 2026 by the following vote:
AYES:
NOES:
ABSTAIN :
Councilmembers _______________________________
Councilmembers _______________________________
Councilmembers _______________________________
NOT PRESENT: Councilmembers _______________________________ _______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Resolution No. 2026-XX
Sonia R. Carvalho, City Attorney
By:________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
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 Commission of the City of Santa Ana on October 6, 2026.
Date: ________________ ____________________________________ Jennifer L. Hall
City Clerk
City of Santa Ana
Resolution No. 2026-XX
Exhibit A
Conditions for Approval for Vesting Tentative Tract Map No. 2025-04 Vesting Tentative Tract Map (VTTM) No. 2025-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations.
The Applicant shall comply with each and every condition listed in order to exercise the rights conferred by this VTTM.
The Applicant shall remain in compliance with all conditions listed below throughout the life of the Project. Failure to comply with each and every condition may result in the revocation of the VTTM.
1. All site improvements shall conform to the Development Project Review (DP) No. 2025-17, and the staff report exhibits incorporated herein by reference.
2. Any proposed amendment to this Project, including, but not limited to, modifications to approved site plans, floor plans, parking management plan materials, finishes, architecture, site plan, landscaping, parking, and square footages, must be submitted to the Planning Division for review. At that time, staff will determine whether administrative relief is available or if an amendment to the VTTM is required.
3. The Project shall comply with all recommendations contained with the technical studies and reports prepared for the Project. All studies and reports shall be finalized by the Applicant and approved by the City of Santa Ana prior to the issuance of any building permits.
4. The Project shall comply with all applicable mitigation measures as identified by the Mitigation Monitoring and Reporting Program of the Project’s Negative Declaration, attached hereto.
5. Walls and Fencing.
a. The Applicant shall construct a minimum eight-foot (8’) tall solid perimeter block wall, as measured from nearest adjacent finished sidewalk, along the east and south property lines. The perimeter wall shall conform to all applicable Citywide Design Guidelines, including a split-face design with regularly-spaced pilasters and decorative cap. The Applicant is responsible for coordination with any adjacent property owners to avoid double-walls or gaps between walls where possible.
b. Climbing vines shall be planted at regularly-spaced intervals along all exposed walls and wrought-iron fencing to deter graffiti. All solid walls shall be finished with anti-graffiti coating.
Resolution No. 2026-XX
6. All mechanical equipment shall be screened from view from public and courtyard areas.
7. All balconies shall be designed and constructed with adequate drainage systems to prevent water accumulation and ensure proper runoff, subject to review and approval by the Planning Division prior to issuance of building permits.
8. The following ongoing parking management practices shall be incorporated into the final, recorded CC&Rs and shall apply through the life of the Project:
a. Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the surface guest parking spaces;
b. Policies for maximum time vehicles may be parked in the surface guest spaces; c. Policies for towing unauthorized vehicles; vehicles parked in unauthorized locations, such as fire lanes; vehicles parking in surface guest parking without a sticker, hang-tag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed; and
d. Routine garage inspections to ensure garages are available for vehicle parking.
9. Prior to the issuance of any building permits, the Applicant shall pay a community benefit fee in the amount of $80,750. The fee shall be deposited into the City’s General Fund and used to support Citywide programs, services, and priorities.
10. Prior to the issuance of any building permits, the Applicant shall pay an initial public art in-lieu fee equal to 0.5% of the Project’s estimated construction valuation, as determined by the City of Santa Ana Building and Safety Division, to be used by the City to acquire public art elsewhere in Santa Ana and shall be either deposited into the applicable City account or added to the $80,750 payment required pursuant to Condition No. 9 and remitted to the City as a single payment. The fee shall be subject to a true-up based on the final construction valuation, and any additional amount owed shall be paid prior to the issuance of a certificate of occupancy, to the satisfaction of the City.
11. Prior to issuance of a Certificate of Occupancy (or equivalent approval from a final building inspection) for any unit within the Project, Developer shall submit and obtain approval from the City’s Planning and Building Agency a Parking Management Plan (the “PMP”) including those measures above. The approved PMP shall be implemented continuously, and updated by Planning Manager direction following parking complaints.
12. In the event that the City determines, based on complaints, monitoring, or other information, that parking demand associated with the Project is resulting in adverse impacts to surrounding properties or the public right-of-way, the Owner’s Association shall, upon written notice from the City, meet and confer with the City to evaluate such conditions.
Resolution No. 2026-XX
13. Prior to submitting a landscape review application, the Applicant shall meet with Planning Division staff to evaluate the proposed plant species, sizes, quantities, and placement of trees, shrubs, and groundcover to ensure landscaping maximizes onsite coverage in compliance with established landscape standards. This condition applies to all Project areas except the individual residential lots. The final landscape plan shall include a diverse selection of shade-producing canopy trees from the City's approved street tree list, ensuring the maximum possible number is incorporated.
14. Prior to the issuance of any building permits, the Applicant shall submit a landscape and irrigation plan to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district's landscape standards, the Water Efficient Landscape Ordinance (WELO), and the Citywide Design Guidelines.
15. Prior to installation of landscaping, the Applicant shall submit photos and specifications of all trees to be installed on the Project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (24 inches minimum), brown trunk height (10-foot minimum), and name and location of the supplier.
16. All landscaping shall be installed per the approved landscape and irrigation plans and required to be maintained throughout the life of the Project, and shall be required to be maintained in a healthy manner. Moreover, any unhealthy or dead landscaping shall be required to be removed and replaced in-kind. Any damage to existing structures, walls, parking areas, or landscaping must be repaired.
17. A final detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, common areas as well as an installation plan. The exact specifications for these items are subject to the review and approval by the Planning Division.
18. The Applicant shall install enhanced lighting along the pedestrian walkways, exterior parking stalls, and streetlights along First Street and Mountain View Street. The enhanced lighting shall include pedestrian-scaled lighting along all walkways and where appropriate, wall-mounted lighting to be architecturally compatible and pedestrian scaled. The lighting levels shall be sufficient to create a perceived sense of security and safety, and for sidewalk and road illumination.
19. The Applicant shall incorporate a pedestrian woonerf within a portion of the internal private drive loop to delineate pedestrian pathways in the development.
20. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during construction.
21. After occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans.
Resolution No. 2026-XX
22. Prior to recordation of the Final Map, the Applicant shall prepare and submit Covenants, Conditions, and Restrictions (CC&Rs) for review and approval by the Planning Division, Public Works Agency (PWA) and City Attorney. The CC&Rs shall address, at a minimum, shared access, reciprocal parking rights and restrictions, maintenance responsibilities for common areas, and ongoing implementation of the approved PMP. The CC&Rs shall be recorded concurrently with the Final Map and shall remain in effect for the life of the Project.
23. The Final Map shall be approved and recorded prior to issuance of Building permits.
24. The Final Map and all improvements required to be made or installed by the subdivider shall be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act.
25. Within 10 days of recordation of the Final Map and CC&Rs, a copy shall be submitted to each of the following departments: Planning Division, Building Division, Public Works Agency and Orange County Fire Authority (OCFA).
26. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement and incorporate the form of this condition within the Project’s CC&R’s with the City of Santa Ana. The Agreement shall be recorded against the property by the City and shall be in a form reasonably satisfactory to the City Attorney. The executed Agreement must be submitted to the Planning Division by the Applicant within 90 days of the approval of this Resolution. The Agreement shall contain covenants, conditions and restrictions relating to the following:
a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and Resolution No. 2026-XX
fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f. The Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement;
g. The Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The Agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City; and
h. The execution and recordation of the Agreement shall be a condition precedent to the final map being recorded.