or intestacy; (ii) creation of a life estate or joint tenancy interest; (iii) a gift of all or any portion of the Property or any Unit; or (iv) any voluntary conveyance of the Property or any Unit.
1.1.40 “Transferee” means any natural person or entity who obtains ownership or possessory rights in the Property pursuant to a Transfer.
1.1.41 “Term” means the period during which this Agreement shall be in full force and effect, as provided for in Section 5.1 below.
1.1.42 “Unit” means a residential dwelling unit within the Project to be constructed or caused to be constructed by Developer.
1.1.43 “Unrestricted Units” means the Units within the Project to be constructed or caused to be constructed by Developer and sold at market rate without restriction.
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: Affordable Housing Resale Restrictions, Equity Sharing and Regulatory Agreement
1.2.3 Exhibit C: City Promissory Note
1.2.4 Exhibit D: City Deed of Trust
1.2.5 Exhibit E: Income Verification Form
1.2.6 Exhibit F: Occupancy Certification Forms
1.2.7 Exhibit G: Notice of Affordability Restrictions on Transfer of Property
1.2.8 Exhibit H: Request for Default
1.2.9 Exhibit I: Affordable Sales Price
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 forty (40) Units, with four (4) Affordable Units for Eligible Households and thirty six (36) Unrestricted Units in accordance with this Agreement and the Project Approvals. Notwithstanding anything to the contrary contained herein, in no event shall this Agreement apply to any of the Unrestricted Units and such Unrestricted Units shall not be subject to any of the covenants, restrictions, requirements, or provisions of this Agreement which are applicable to the Affordable Units, except to the extent necessary to enforce the provisions of this Agreement.
2.2 Density Bonus. The Project shall have forty (40) Units, to be sold, owned, occupied, operated, and maintained pursuant to the terms and conditions of this Agreement.
Developer is not requesting any increase in density for the Project. 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.
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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 Concessions/Incentives. In accordance with Government Code Section 65915(d)(1), the Project is entitled to one (1) concession or incentive, and the Parties agree the Developer is not requesting a concession or incentive.
2.3.2 Waivers. In accordance with Government Code Section 65915(e), the Project is granted the following waiver:
(a) A reduction of publicly accessible open space as required by the Metro East Mixed Use Overlay Zone, Table 2, Section 4.5. The publicly accessible open space is reduced from ten percent (10%) of the Project site area to 3,210 square feet.
2.4 Parking Requirements. Onsite parking shall be provided in compliance with Government Code Section 65915(p). The Project shall provide not less than eighty (80) parking spaces on the Property to residents and guests of the Project. Developer agrees and acknowledges that this parking requirement exceeds the parking ratio under Government Code section 65915(p).
2.5 No Further Concessions, Incentives, or Waivers. Except as set forth in Section 2.3.1, above, 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. Developer releases any and all claims Developer may have against City in any way relating to or arising from City’s obligation to waive 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 thirty six (36) Unrestricted Units pursuant to the terms and conditions of this Agreement. Any change to the unit mix of the Unrestricted Units that affects the unit mix of the Affordable Units as established in Section 2.6.3 of this Agreement is subject to City Manager approval.
2.6.2 Affordable Units. The Project, for purposes of this Agreement, shall have no less than four (4) Affordable Units, for Moderate Income Households, as set forth in Section
2.6.3, and pursuant to the terms and conditions of this Agreement. The Affordable Units shall be consistent with the Project Approvals, comparable in bedroom distribution and amenities to the Unrestricted Units, and shall be located as depicted in Exhibit J.
2.6.3 Unit Mix. The Affordable Units shall include:
(a) One (1) two-bedroom unit with not less than 1,211 gross square feet; City Council 17 – 25 10/20/2026
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(b) Two (2) three-bedroom units with not less than 1,722 gross square feet individually, including one from each floor plan set forth in the Project Approvals; (c) One (1) four-bedroom unit with not less than 1,813 gross square feet.
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 base Unrestricted Units. Notwithstanding the foregoing, nothing herein shall be construed to limit the ability of purchasers of Unrestricted Units to purchase upgrades for such units.
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 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 or its successor(s) or assign(s) 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, inclusive of the Project Approvals. Any changes to the Project shall be reviewed by the City Manager 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 reasonable 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 4.2 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 City Council 17 – 26 10/20/2026
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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. The Affordability Term for each Affordable Unit shall commence on the date the Affordable Unit receives a certificate of occupancy and expire fifty-five (55) years later (each an “Affordability Term”).
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 until that Affordable Unit is sold to a Homebuyer in accordance with this Agreement or released pursuant to Section 3.6 hereof. 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 initial 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. Each Affordable Unit shall be initially sold to and occupied by an Eligible Household for an Affordable Sales Price, and any resale shall be subject to the Affordable Housing Resale Restrictions and the City Deed of Trust recorded against the Affordable Unit.
3.3.1 Affordable Sales Price. Developer covenants that each Affordable Unit shall be initially sold to, or held vacant for sale to, an Eligible Household for an Affordable Sales Price. The Affordable Sales Price is equal to the lesser of: (a) fair market value for the Affordable Unit, or (b) the sum of the Supportable Mortgage plus, if applicable, the Benchmark Down Payment. Prior to the sale of any Affordable Unit, Developer shall provide the City with at least thirty (30) days’ written notice of the determined amount, and the City shall have ten (10) days to approve or disapprove of the proposed Affordable Sales Price. The City, in the exercise of reasonable discretion, may also determine the Affordable Sales Price and provide to Developer for review and approval. If the City does not approve or disapprove the Affordable Sales Price proposed by the Developer within ten (10) days of receipt it shall be deemed disapproved, and the Affordable Sales Price determined by the City shall used. The Affordable Sales Price for the initial sale of the Affordable Units shall be as calculated in Exhibit I. The Affordable Sales Price for the Moderate Income Units shall be determined based on Affordable Housing Costs for Moderate Income Households.
3.4 Notice to City. Prior to entering into an agreement for the Transfer of an Affordable Unit, Developer shall provide at least thirty (30) days written notice to the City, along City Council 17 – 27 10/20/2026
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with a proposed written agreement setting forth the terms of the sale, including the proposed Affordable Sales Price.
3.5 Homebuyer Documents. The sale of each Affordable Unit is subject to satisfaction of the following conditions:
3.5.1 Each Homebuyer shall execute the Affordable Housing Resale Restrictions, which shall be recorded against the Affordable Unit.
3.5.2 The Affordable Housing Resale Restrictions shall include the following occupancy requirements: The Owner shall occupy and continually use the Affordable Unit as the Homebuyer’s Primary Residence during the Total Affordability Term. On an annual basis, the City’s Program Manager will send the Homebuyer an Occupancy Certification Form, in a form substantially similar to Exhibit F-2, to be filled out and returned to the City within thirty (30) days of receipt. The Owner shall affirm that they are occupying the Affordable Unit as their Primary Residence. The Owner will be required to submit copies of two current utility bills, or other evidence of occupancy that is acceptable to the City, as part of the annual recertification process.
3.5.3 The Affordable Housing Resale Restrictions shall provide for the terms of resale and the distribution of proceeds from any sale, as follows:
(a) The Homebuyer shall execute the City Promissory Note evidencing Homebuyer's agreement to pay the City Equity Share, and record the City Deed of Trust against the Affordable Unit to secure the City Promissory Note. (b) During the Affordability Term, prior to the Transfer of an Affordable Unit, each Homebuyer shall agree to the City Promissory Note, and execute the Affordable Housing Resale Restrictions, the City Deed of Trust, the Notice of Affordability Restrictions, and the Request for Default, which shall be recorded against each Affordable Unit.
In the event a Homebuyer seeks to Transfer an Affordable Unit during the Affordability Term, the City, in its sole and absolute discretion, may approve an assignment and assumption agreement for subsequent sales of the Property to Eligible Households during the Affordability Term. The Affordable Housing Resale Restrictions shall provide that Affordable Units shall only be Transferred to an Eligible Household for an Affordable Sales Price during the Affordability Term, and the City Deed of Trust securing the City Promissory Note shall remain a lien on the Property. (c) During the Affordability Term, if a Transfer complies with the requirements of the Affordable Housing Resale Restrictions, then the Homebuyer selling the Affordable Unit shall be entitled to closing proceeds after payment of a First Lien for the Affordable Unit, and the City Equity Share shall be an obligation of the new Homebuyer, pursuant to the City Promissory Note and City Deed of Trust recorded against the Property. (d) Following the expiration of the Affordability Term for the Affordable Unit, the City Equity Share shall become due and payable upon a Transfer of the Property.
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(e) The City Equity Share includes an amount equal to the “initial subsidy” and “proportionate share of appreciation,” in accordance with California Government Code section 65915(c)(2), and shall be determined as follows:
(i) An amount equal to the difference between the fair market value of the Affordable Unit at the time of the initial purchase and the Affordable Sales Price (the “Initial Subsidy”), plus
(ii) An amount equal to the product of (1) the appreciation of the Affordable Unit, as measured by the increase in the fair market value of the Affordable Unit at the time of the sale to the Homebuyer and the resale of the Affordable Unit, and (2) the percentage that the Initial Subsidy represented of the fair market value of the Affordable Unit when it was purchased by the Homebuyer (the “Proportionate Share of Appreciation”). (f) Payment of the City Equity Share is subject to the following: (1) payment to satisfy a First Lien from a primary lender, as approved by City at the time of the initial sale, or subsequent approval in the event of a refinance event, and (2) an amount equal to the down payment and the cost of improvements paid by the Homebuyer. Following payment of the City Equity Share, the Homebuyer shall receive the remainder of any sale proceeds, less any costs of closing and any and all real estate broker commissions. (g) When the City Equity Share becomes due, the proceeds from the sale of the Property shall first satisfy a First Lien, and the Homebuyer shall receive proceeds for the value of any improvements and any down payment actually paid. The City Equity Share shall be paid prior to disbursement of remaining sales proceeds to the Homebuyer.
3.5.4 In order to assist City with calculation of the City Equity Share, Developer or a Homebuyer, as applicable, shall provide City with a calculation of the fair market value of each Affordable Unit at the initial sale which shall be determined as follows:
(a) For the initial sale, Developer shall propose to the City a fair market value based on an appraisal or, with City’s approval, a price per square foot that is based on comparable sales of other units within the Project.
(b) Except for the initial sales subject to sub-paragraph (a), prior to the sale of an Affordable Unit, a qualified appraiser shall conduct an appraisal of the Affordable Unit to determine fair market value without the restrictions of this Agreement. If a seller or prospective Homebuyer disputes the appraised value, then that party may pay for the costs of a second appraisal and, if there is still disagreement, the average of the two appraisals shall be used to determine the fair market value.
(c) The fair market value of the Affordable Unit, as determined in accordance with the above, shall be provided to the City for approval or disapproval, which City shall provide within thirty (30) days of receipt of the proposed fair market value. If City does not provide a written response within such time period, then the proposed fair market value shall be deemed approved by the City.
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3.6 Alternative Compliance. If, for the initial sale of an Affordable Unit, a Homebuyer has not been identified by the Developer for certification by the City within 90 days of the issuance of a Certificate of Occupancy for such unit and good faith marketing efforts by Developer, as outlined in Section 4.12, Developer shall provide the City written notice that a Homebuyer has not been identified for the Affordable Unit; the notice to the City shall include a description of additional plans to market the Affordable Unit subject to City’s reasonable review and approval. If Developer is still unable to identify a Homebuyer within an additional 90 days following implementation of the additional marketing plan approved by the City, Developer may sell the Affordable Unit to a qualified nonprofit housing corporation pursuant to, and subject to the requirements of, the State Density Bonus Law (“Nonprofit Unit”). Prior to entering into an agreement to Transfer an Affordable Unit pursuant to this section, the Developer shall provide the City with a proposed equity sharing agreement that complies with the requirements of Government Code Section 65915(c)(2)(C), and the City shall have not less than thirty (30) days to review. The Developer shall not enter into an agreement to transfer an Affordable Unit pursuant to this section unless and until City provides written consent. At close of such a sale, provided that the Developer has complied with all requirements of the State Density Bonus Law, including but not limited to recording an equity sharing agreement against the Nonprofit Unit required under Government Code Section 65915(c)(2)(C), the Nonprofit Unit shall not be subject to any requirement of this Agreement and this Agreement shall terminate as to and cease to be a burden on or encumbrance against that Nonprofit Unit. Upon Developer’s request in connection with a sale of a Nonprofit Unit approved by the City, City agrees to provide documentation, in a form subject to City’s reasonable approval, terminating this Agreement as to that Nonprofit Unit at the close of the sale.
4. OPERATION OF THE PROJECT BY DEVELOPER
4.1 Payment of Density Bonus Setup Fee. A Density Bonus Setup Fee in the amount of $16,771.06, shall be paid on or before the date this Agreement is presented to the City's Planning Commission.
4.2 Recording of Documents; Priority.
4.2.1 Prior to recording a final map or, if no map is required, 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, and Developer shall deliver the proof of recording as required by Section 4.2.3, below. 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 Affordable Units for the Term of this Agreement to ensure compliance with the State 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. Following issuance of a Certificate of Occupancy (or an equivalent approval of a final building inspection) for the City Council 17 – 30 10/20/2026
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Affordable Units, the Parties may execute an amendment to this Agreement or other appropriate instrument that ensures that the requirements of this Agreement are properly recorded against each Affordable Unit and memorializes Owner's obligation to provide the Affordable Units on a forsale basis in accordance with this Agreement. Within thirty (30) days of a written request by Developer following the issuance of a Certificate of Occupancy (or an equivalent approval of a final building inspection) for all of the Affordable Units, the City shall release this Agreement as to the Unrestricted Units; provided, however, that any release of the Unrestricted Units shall not impair the enforceability of the affordability restrictions, access easements, maintenance obligations, or other rights reasonably necessary for the use, operation, monitoring, and enforcement of the covenants and restrictions relating to the Affordable Units.
4.2.3 Prior to issuance of building permits for the Project, Developer shall cause to be provided to City a condition of title guarantee (or other evidence acceptable to the City) that demonstrates this Agreement is senior to any other lien, deed of trust, mortgage, or other interest in the Property or the Project, except any Developer construction loan(s), Developer mortgage(s) or deed(s) of trust, or other interest in the Property or the Project approved by the City in writing, which approval shall not be unreasonably conditioned, withheld, or delayed. The City shall have not less than ten (10) days to determine that this Agreement (or an amended version of the Agreement restricting the Affordable Units) has senior rights. If City disapproves the evidence provided by Developer, then Developer agrees and acknowledges that City may withhold the building permit unless and until Developer provides evidence satisfactory to the City demonstrating priority of this Agreement or an amendment thereto.
4.3 Occupancy Levels. Developer shall not apply or permit any occupancy requirements that violate local, state or federal law during the development or sale of the Affordable Units.
4.4 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.
4.5 Maintenance. Developer or its successor(s) or assign(s) shall, until each Unit has been initially sold, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. 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 for compliance with this Agreement, after providing notice as follows, or as otherwise required by federal and/or state law: (i) at least a 24-hour notice to Developer and Homebuyer of the Affordable Unit which will be inspected, or (ii) at least 48 hours’ notice to Developer, which shall promptly give notice to Owners of the Affordable Unit to be inspected. Following a Transfer of a Unit to a Homebuyer, the Developer shall not be responsible for the maintenance obligations set forth herein, except to the extent the Developer retains ownership in other Units or other portions of the Property. For the avoidance of doubt, Developer and its successor(s) and assign(s) shall not be responsible for maintenance obligations set forth herein once all Units are Transferred to Homebuyers.
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4.6 Preparation and Recordation of Transfer Documents. Developer shall prepare and obtain City’s approval, which approval shall not be unreasonably withheld, conditioned or delayed, of the Affordable Housing Resale Restrictions, the City Promissory Note, the City Deed of Trust, and the Notice of Affordability Restrictions, for each Affordable Unit to Eligible Households required by Section 3 of this Agreement in substantially the forms attached hereto as Exhibits B, C, D, and G, respectively. Developer shall not sell an Affordable Unit unless and until the City has reviewed and approved the Homebuyer as an Eligible Household for the purchase of the Affordable Unit, and the Homebuyer has executed and submitted to the Program Director, in recordable form, the Affordable Housing Resale Restrictions, the City Deed of Trust, and the Notice of Affordability Restrictions, and the approved financing for the Homebuyer, including the executed City Promissory Note. City’s approval of the Homebuyer as an Eligible Household pursuant to this Section 4.6 shall not be unreasonably conditioned, withheld, or delayed. City shall have thirty (30) days to review a request to approve a proposed Homebuyer.
4.7 Selection of Homebuyers.
4.7.1 Developer shall select Homebuyers for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement.
4.7.2 In selecting Homebuyers for the Affordable Units, Developer shall apply a preference for Santa Ana residents and workers to the extent permissible by law. 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 purchasing 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.
4.7.3 Qualified applicants for Affordable Units will be screened and “lotterized.” A waiting list will be created from a lottery generated from the initial pool of qualified homebuyer 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.
4.7.4 Not less than ninety (90) days prior to providing the City with a Notice of Intent to Transfer an Affordable Unit, Developer shall provide to the City a proposed form purchase sale agreement, and the City shall have thirty (30) days to review and approve the proposed agreement, or the proposed agreement shall be deemed disapproved. If the City approves the proposed form of purchase sale agreement (the “Form PSA”), then it shall provide written notice to Developer.
4.7.5 Prior to the sale of an Affordable Unit, Developer shall require the Homebuyer to execute a written purchase sale agreement substantially similar to the Form PSA, and a written certification from the Homebuyer verifying compliance with the requirements for an Eligible Household and all other eligibility requirements established for the Affordable Unit.
Developer shall verify the income of the Homebuyer as set forth herein.
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4.8 Income Verification and Certification. Developer shall verify income of prospective Homebuyers and certify the verification to the City; provided, however, that Developer shall not be liable for any fraud or mistake in performing its duties pursuant to this Section 4.8. In evaluating prospective Homebuyers, Developer shall consider the following sources of income in order of preference: (i) employment income; (ii) business income; (iii) income from Social Security, Supplemental Security Income (SSI), welfare, disability, or pension payments; and (iv) alimony or child support. To verify income, Developer shall comply with the procedures set forth in Section A-3 of the Administrative Procedures Manual. Subject to the foregoing preferences, Developer shall consider Gross Household Income 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. Within fifteen (15) days of delivery of an executed contract for purchase of an Affordable Unit by a prospective Homebuyer, Developer shall provide City with the Income Verification Form set forth in Exhibit E and the Occupancy Certification Form set forth in Exhibit F-1.
4.9 DELETED
4.10 DELETED
4.11 Onsite Parking Management Plan. Developer shall construct the Project with onsite parking for residents and visitors of the Project and directly, or by imposing requirements on an owner’s association for the Project (an “Owner’s Association”), actively monitor the parking demand of the Project site. Developer, or the Owner’s Association, as applicable, 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 without a sticker, hang-tag, or other identifiers, and vehicles parked longer than any maximum guest parking timeframes allowed.
(d) Routine garage inspections to ensure garages are available for vehicle parking.
Prior to issuance of a Certificate of Occupancy (or equivalent approval from a final building inspection) for 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, maintained onsite for City inspection, and updated by Planning Manager direction following parking complaints.
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 City Council 17 – 33 10/20/2026
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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.
The Owner’s Association shall work in good faith with the City to identify and implement reasonable measures, subject to City approval, to address such parking-related impacts.
Such measures may include, but are not limited to, operational, management, or physical modifications to the Project, as deemed appropriate by the City and agreed to by the Owner’s Association.
Any agreed-upon measures shall be incorporated into an updated Parking Management Plan, subject to approval by the Planning Manager, and shall be implemented by the Project within a timeframe reasonably established by the City.
4.12 Marketing and Resident Selection Plan.
4.12.1 Prior to issuance of a Certificate of Occupancy for any Unit in the Project, Developer shall prepare and obtain City’s approval, which approval shall not be unreasonably conditioned, withheld, or delayed, of a marketing program and resident selection plan for the sale of the Affordable Units at the Project (“Marketing Program”). City shall have thirty (30) days to review and approve or disapprove the proposed Marketing Program, which approval shall not be unreasonably withheld, and if not reviewed and approved within that timeframe it shall be deemed approved. The sale 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 sale of the Affordable Units.
4.12.2 The Marketing Program shall include marketing and community outreach activities, proposed Homebuyer 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 the application process, interview procedure, Affordable Unit offer and assignment for selected homeowners, rejected applications, and wait list management. All requirements set forth herein shall be incorporated in the Marketing Program.
4.13 Non-Discrimination in Housing. Developer, and any successors in interest, shall not discriminate any person or group of persons on account of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial or marital status, disability, veteran or military status, genetic information, political affiliation or opinion, medical condition, pregnancy or pregnancy-related condition, or condition of physical or mental disability or other handicap, age, or source of income or status with regard to public assistance in the transfer, use, occupancy, tenure or enjoyment of the Property or the Affordable Units, and the Developer, or any person claiming under or through it, shall not establish or permit any such practice of discrimination or segregation with reference to the selection, location, number, use or occupancy of any Homebuyer or resident of the Property or the Affordable Units.
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4.14 Monitoring and Recordkeeping. Subject to applicable federal and state laws, 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.
4.15 Prior to the Transfer of an Affordable Unit, Developer shall allow the City to conduct annual inspections of that 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. Developer shall commence to cure or cause the commencement to cure any building code violations 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 reasonable discretion of the City. This obligation shall cease on a unit-byunit basis on the date that each Affordable Unit is Transferred by Developer to an Eligible Household.
5. TERM OF THIS AGREEMENT
5.1 Term. This Agreement shall have a term that commences upon the Effective Date and terminates fifty five (55) years after all Affordable Units are initially Transferred to Eligible Households (the “Term”). The Term shall apply to the Project as follows:
5.1.1 Unrestricted Units. Upon the issuance of a Certificate of Occupancy for all of the Affordable Units, this Agreement shall terminate as to the Unrestricted Units. While not necessary to effect the termination of this Agreement, the Parties shall cooperate to execute and record a release or termination as to the Unrestricted Units.
5.1.2 Affordable Units. Upon the initial sale of an Affordable Unit to an Eligible Household pursuant to this Agreement, the Developer shall be released from this Agreement with respect to the Affordable Unit. Notwithstanding the foregoing, this Agreement shall apply to the Affordable Units for the entire Term.
5.1.3 Common Ownership Interests. This Agreement shall continue in effect for the Term as to the common ownership interests of the Project to the extent necessary to preserve and implement the provisions of this Agreement. The owners and residents of the Affordable Units shall have the same access and rights to any common areas identified in the CC&Rs.
5.2 Continuing Obligation to Pay the City Equity Share. Notwithstanding the expiration of the Term, the City shall have the right to receive payment for the City Equity Share, and enforce the Affordable Housing Resale Restrictions, the City Promissory Note, and the City City Council 17 – 35 10/20/2026
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Deed of Trust until satisfactory payment of the City Equity Share pursuant to the terms of those agreements.
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.
6.2 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 institute any appropriate legal actions or proceedings necessary to ensure compliance with this Agreement, including but not limited to:
(a) For legal actions or proceedings against the Developer, actions to revoke, deny or suspend any permits for the construction of any Units in the Project being constructed by Developer, except that such actions may not include the suspension or revocation of any issued permit or license for the construction of any unit or units in the Development that have been constructed and sold or are under construction and under contract for sale; (b) Applicable actions under the Affordable Housing Resale Restrictions, City Promissory Note, or City Deed of Trust executed by a Homebuyer; (c) Actions for injunctive relief, damages, or other monetary relief; and (d) Civil citations or penalties.
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.
6.4 Waiver of Speculative, Consequential, or Punitive Damages. 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. The City Council 17 – 36 10/20/2026
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the notice within sixty (60) days shall be deemed approval of the proposed transfer. Developer shall pay any recording costs and City’s reasonable fees as compensation for the City’s review of the request.
7.1.2 Sale or Conveyance 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 in accordance with the terms of Section 7.1 hereof, 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 sell the Affordable Units in accordance with the covenants, conditions and restrictions of this Agreement. Notwithstanding anything to the contrary contained herein, in the event that Developer or any successor in interest elects not to construct the Project, or any portion thereof, this Agreement shall terminate as to and cease to be a burden on or encumbrance against the Property or such portion thereof upon expiration or earlier termination of the entitlements for the Project.
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.
7.1.5 Release Upon Assignment or Sale. Prior to a sale, transfer, or assignment approved by City pursuant to Section 7.1.1, but excluding the sale of an Affordable Unit pursuant to Section 3, Developer shall record an assignment and assumption agreement in a form approved by City, which approval shall not be unreasonably withheld. Upon recordation of the assignment and assumption agreement, and the assignee's written assumption of Developer's obligations under this Agreement accruing from and after the effective date of such transfer, the assigning Developer shall be released from all obligations and liabilities under this Agreement arising on or after such effective date. If requested and approved by the City, the assignment and assumption agreement shall include language releasing Developer from the Agreement.
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 in accordance with the terms of Section 7.1 hereof. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property in accordance with the terms of Section 7.1 hereof 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 City Council 17 – 38 10/20/2026
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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 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.
7.3 Exemption from City’s Inclusionary Housing Ordinance. Provided this Agreement remains in effect and imposes the covenants, conditions, and restrictions herein for the Term, then the Project fulfills the intent of the City’s Affordable Housing Opportunity and Creation Ordinance in Santa Ana Municipal Code § 41-1900 et seq. (the “AHOCO”). The exemption from the AHOCO is conditioned on the application and enforceability of this Agreement.
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 City Council 17 – 39 10/20/2026
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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 (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
Santa Ana, California 92702
Attention: Housing Manager
Email:___________________
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
Email:___________________
If to Developer: C&C N. Harbor, LLC
14211 Yorba Street, Suite 200
Tustin, CA 92780
Attn: [ADD CONTACT]
Email:___________________
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.
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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 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.
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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.
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.
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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 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, unless otherwise approved by City in writing. 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 Mortgagee Protections. Notwithstanding anything to the contrary set forth elsewhere herein, Developer may obtain financing for the development and construction of the Project, which financing may be secured by a lien or charge of a mortgage, deed of trust, or other security interest then of record made in good faith and for value (a “Mortgage”) without the City’s consent; provided, however, that the Mortgage is subject to and subordinate to this Agreement unless otherwise approved by the City in writing, in its sole and absolute discretion. Upon the written request therefore by any holder of a Mortgage (a “Mortgagee”), the City shall provide such Mortgagee copies of any notice of default or demand to perform provided to Developer under this Agreement substantially concurrently with its delivery to Developer and agrees that such Mortgagee may, but is under no obligation to, cure any such default pursuant to Section 6. In the event a Mortgage exists for which City has received notice from the Mortgagee pursuant to this Section, this Agreement shall not be amended, supplemented, restated or otherwise modified in City Council 17 – 43 10/20/2026
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any manner without the prior written consent of such Mortgagee, which shall not be unreasonably withheld, conditioned, or delayed. The City’s rights pursuant to Section 6 shall be superior to, but shall not render invalid, any mortgage or deed of trust recorded against the Property or any portion thereof, including without limitation, any Affordable Unit. Notwithstanding any other provision in this Agreement to the contrary, this Agreement shall not diminish or affect the rights of the California Housing Finance Agency (“CalHFA”), HUD, the Federal National Mortgage Association (“FNMA”), or the Veterans Administration (“VA”) under any mortgage recorded against the Property in compliance with the Declaration. The City further agrees to execute and deliver to Mortgagee such further and other documents as Mortgagee may reasonably require to effect the purpose and intent of this Section.
8.24 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.
8.25 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}
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Exhibit B
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
APN: 400-082-02
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Exhibit B
EXHIBIT B
FORM OF AFFORDABLE HOUSING RESALE RESTRICTIONS, EQUITY SHARING, AND
REGULATORY AGREEMENT
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702
Attn: City Clerk
Free Recording pursuant to
Government Code 6103 & 27383
AFFORDABLE HOUSING RESALE RESTRICTIONS, EQUITY SHARING AND
REGULATORY AGREEMENT WITH DECLARATION OF RESTRICTIVE
COVENANTS
(Address; APN [MODERATE INCOME HOUSEHOLD])
This AFFORDABLE HOUSING RESALE RESTRICTIONS, EQUITY SHARING AND REGULATORY AGREEMENT (“Affordable Housing Resale Restrictions” or “Agreement”) is made as of______________, by ________________(“Homebuyer”) in favor of the CITY OF SANTA ANA, a municipal corporation (“City”).
R E C I T A L S
A. Homebuyer has purchased a single family house located at_________________, Santa Ana, California, _____, as such real property is more particularly described in “Exhibit 1” attached hereto and incorporated herein (“Property”).
B. In connection with Homebuyer purchasing the Property, Homebuyer acknowledged and received disclosures that the purchase was subject to a Density Bonus Housing Agreement with Declaration of Covenants, Conditions and Restrictions (“Density Bonus Agreement”), dated on or about ______, 2026, between the developer of the Property, ______________ (“Developer”). The Density Bonus Agreement required the Property to be sold to a Moderate Income Household, subject to the provisions of this Affordable Housing Resale Restrictions, pursuant to which Developer imposed covenants upon the Property to be sold to Eligible Homebuyers at an Affordable Sales Price. Homebuyer hereby acknowledges and agrees that this Affordable Housing Resale Restrictions is intended to implement the requirements of the Density Bonus Agreement, and that the purchase, use and occupancy of the Property is subject to City Council 17 – 47 10/20/2026
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Exhibit B
the conditions, covenants and restrictions contained herein. Capitalized terms used herein and not otherwise defined shall have the same meaning as set forth in the Density Bonus Agreement.
C. Homebuyer desires and intends to restrict the Property and the improvements thereon in accordance with this Affordable Housing Resale Restrictions. Homebuyer agrees and acknowledges that this Affordable Housing Resale Restrictions is intended to implement and further the intent of the Density Bonus Agreement, entered into between City and Developer of the Property, which was recorded against the Affordable Unit to impose the conditions, covenants, and restrictions as set forth herein. This Affordable Housing Resale Restrictions shall be construed in accordance with the Density Bonus Agreement.
D. Homebuyer is a Moderate Income Household, as that term is defined in this Agreement.
E. Homebuyer has represented to City that Homebuyer and Homebuyer’s household intend to reside in the Property as Homebuyer’s principal residence at all times during Homebuyer’s ownership of the Property.
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:
1. DEFINITIONS
“Affordability Term” means that period of time commencing upon the Date of this Agreement and terminating on the date that is fifty-five (55) years from the date a Certificate of Occupancy was issued for the Property. The Certificate of Occupancy for the Property was issued on: [ADD DATE].
“Affordable Housing Cost” means the total Housing Costs paid by Homebuyers purchasing the Property, which shall not exceed the limits for a Moderate Income Household in accordance with California Health and Safety Code Section 50052.5, and implementing regulations of Sections 6920, 6924 and 6930 of Title 25 of the California Code of Regulations for Moderate Income Households. The Affordable Housing Cost for Moderate Income Households shall not exceed thirty-five percent (35%) times one hundred ten percent (110%) of the Orange County Median Income Adjusted for Family Size Appropriate for the Unit. For Moderate Income Households whose gross income exceeds 110% of Median Income, the Affordable Housing Cost shall not exceed thirty five percent (35%) of Gross Household Income. “Affordable Sales Price” means a purchase price required under a written purchase sale agreement that does not exceed the sum of the Supportable Mortgage plus the Benchmark Down Payment.
Affordable Unit” or “Property” means the individual dwelling unit restricted by this Agreement
“City” means the City of Santa Ana, California, a California municipal corporation, and the City’s successors and assigns.
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Exhibit B
“City Deed of Trust” means the City Deed of Trust, securing this Affordable Housing Resale Restrictions and the City Promissory Note, and dated on or about the same date hereof. “City Equity Share” means the amount that Homebuyers agree to pay to the City in accordance with the City Promissory Note.
“City Promissory Note” means the City Promissory Note, evidencing Homebuyer's agreement to pay the City Equity Share and dated on or about the same date hereof. “County” means the County of Orange, California.
“Date of this Agreement” means the date in the first paragraph of this Agreement. “Default” means the failure of a party to perform any action or covenant required by this Agreement within the time periods provided herein following notice and opportunity to cure.
The term default also includes an Ownership Default and a Maintenance Default as more fully defined and described herein. Notwithstanding the foregoing for purposes of acceleration of the City Promissory Note , or initiation of foreclosure proceedings there shall be a distinction between the types of default hereunder, including an “Ownership Default” and a “Maintenance Default.” The term “Ownership Default” means the failure of Homebuyer to perform any action or covenant required by the Affordable Housing Resale Restriction related to ownership, owner-occupancy, lien priority, and restrictions on sale and resale of the Property subject to the notice and opportunity to cure provisions set forth herein. A default of any obligation secured by the First Lien shall be a cross-default and also constitute an Ownership Default. The term “Maintenance Default” means the failure of Homebuyer to perform any action or covenant required by this Agreement relating to a “Maintenance Deficiency,” including the ongoing upkeep, maintenance, and use of the Property in decent, safe, sanitary, clean, and neighborly manner, subject to the notice and opportunity to cure provisions set forth herein (and expressly excluding an Ownership Default). “Developer” means C & C N. Harbor LLC, a California limited liability company. “Eligible Household” means a Household whose income does not exceed the qualifying limits for a Moderate Income Household, as defined herein. “First Lien” means the lien of the institution making the purchase money mortgage loan to Homebuyer for the purchase of the Property.
“Homebuyer” means the person or persons set forth in the first paragraph of this Agreement, and their successors and assigns.
“Housing Cost” means and includes all of the following costs associated with ownership of an Affordable Unit as defined in Title 25 of the California Code of Regulations Section 6920, and Santa Ana Municipal Code, including:
(a) Principal and interest on a mortgage loan at the defined interest rate; (b) Property tax and assessments;
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Exhibit B
(c) Fire and casualty insurance covering replacement value of property improvements;
(d) Property maintenance and repairs;
(e) A reasonable utility allowance, as determined by the Orange County Housing Authority; and
(f) Homeowner Association assessments and dues.
“Legal Description” means the legal description of the Property which is attached hereto as Exhibit 1 and incorporated herein.
“Median Income” means the area median income for Orange County PMSA, Adjusted for Family Size Appropriate to the unit pursuant to California Health and Safety Code § 50052.5(h), as periodically published by the California Department of Housing and Community Development.
“Moderate Income” and “Moderate Income Households” means moderate income households as defined in Health & Safety Code Section 50079.5, with Gross Income for the Household that does not exceed one hundred twenty percent (120%) AMI. “Notice of Intent to Transfer” means a written notice from Homebuyer to the City that provides notice of an intent to Transfer the Property and all information required by this Agreement in connection with the proposed Transfer.
“Permitted Transfer” means any Transfer which is permitted under this Agreement with the written consent of the City.
“Prohibited Transfer” means any Transfer which is disapproved by the City or violates this Agreement.
“Property” means that certain real property located at the street address set forth in Recital A and legally described in the Legal Description.
“Purchase Agreement” means that certain agreement pursuant to which Homebuyer has agreed to purchase the Property from the Developer.
“Request for Notice” means the Request for Notice of Default attached as Exhibit H and to the Density Bonus Agreement.
“Sales Price” means the sum to be paid by a Transferee for the Transfer of the Property. “Transfer” shall mean any sale, assignment, conveyance, lease or transfer, voluntary or involuntary, of any interest in the Property. Without limiting the generality of the foregoing, Transfer shall include (i) a transfer by devise, inheritance or intestacy; (ii) creation of a life estate; (iii) creation of a joint tenancy interest; (iv) a gift of all or any portion of the Property; or (v) any voluntary conveyance of the Property.
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Exhibit B
“Transferee” shall mean any natural person or entity who obtains ownership or possessory rights in the Property pursuant to a Transfer.
2. HOMEBUYER’S REPRESENTATIONS AND WARRANTIES AS TO THE SALE OF THE PROPERTY TO HOMEBUYER.
2.1 Homebuyer represents and warrants to City that the financial and other information which Homebuyer has provided to City with respect to Homebuyer’s income and the purchase price of the Property was true and correct at the time such information was provided, and remains true and correct as of the Date of this Agreement.
2.2 Homebuyer agrees to occupy the Property as Homebuyer's primary residence.
3. COVENANTS OF HOMEBUYER AND RESTRICTIONS ON SALE OF PROPERTY.
3.1 Homebuyer covenants and agrees that during the Affordability Term, any resale of the Property shall be to an Eligible Household for an amount that does not exceed an Affordable Sales Price, in accordance with the Density Bonus Agreement.
3.2 Prior to any Transfer of the Affordable Unit, Homebuyer shall provide the City with a Notice of Intent to Transfer, in a form approved by the City, and the City shall have the right to approve or disapprove of any Transfer, which approval shall not be unreasonably withheld.
3.3 Permitted Transfers. Prior to any Transfer of the Property, Homebuyer shall obtain City's written consent pursuant to the requirements of Section 4 and 5, below, and subject to the following:
(a) During the Affordability Term, the Homebuyer may Transfer the Property to an Eligible Household for an Affordable Sales Price. (b) Upon expiration of the Affordability Term, Homebuyer may sell the Property without the affordability restrictions of this Agreement, subject to the satisfaction of the City Promissory Note and City Deed of Trust.
3.4 Prohibited Transfers. Any Transfer of the Property without the City's written consent or in violation of this Agreement is a Prohibited Transfer.
3.5 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 Homebuyer 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 City Council 17 – 51 10/20/2026
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Exhibit B
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. Homeowner hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that Homeowner's interest in the Property is rendered less valuable thereby. Homeowner hereby further declares its understanding and intent that this Agreement provides a public benefit in furtherance of benefit of such covenants 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.
Homebuyer acknowledges and agrees that the requirements of this Agreement were imposed through the Density Bonus Agreement, as a condition for issuance of a building permit for Developer to construct the Property and improvements thereon.
4. HOMEBUYER PROCEEDS FROM SALE OF PROPERTY.
4.1 This Agreement implements the provisions of the Density Bonus Agreement for disbursement of funds from a sale of the Property, as further set forth below.
4.2 Permitted Transfers During the Affordability Term. During the Affordability Term, a Homebuyer retains the proceeds from a Permitted Transfer after payment of the First Lien, and reasonable closing costs and broker fees. The City Deed of Trust shall remain a lien on the Property, or the Transferee shall executed a new Affordable Housing Resale Restrictions, City Promissory Note, and City Deed of Trust.
4.3 Transfers Upon Expiration of the Affordability Term. Upon expiration of the Affordability Term, the City Equity Share shall become due and payable upon a Transfer, and the proceeds from a sale shall be used for payment of the City Equity Share in satisfaction of the City Promissory Note.
4.4 Prohibited Transfers. Homebuyer agrees and acknowledges that a Prohibited Transfer is a default of this Agreement and, in the event of such a default, the City shall be entitled to the greater of: (a) all amounts paid for the Property in excess of the Affordable Sales Price shall be forfeited to the City, or (b) the City Equity Share.
4.5 Equity Sharing Agreement.
4.5.1 Following the expiration of the Affordability Term, Homebuyer agrees to pay to the City the City Equity Share, as follows:
4.5.2 The City Equity Share shall be paid out of proceeds from a Transfer of the Property after the Affordability Term.
4.5.3 The City Equity Share includes the following:
(a) An amount equal to the difference between the fair market value of the Affordable Unit at the time of the initial purchase and the Affordable Sales Price (the “Initial Subsidy”).
City Council 17 – 52 10/20/2026
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Exhibit B
(b) An amount equal to the product of (1) the appreciation of the Affordable Unit, as measured by the increase in the fair market value of the Affordable Unit at the time of the sale to the Homebuyer and the resale of the Affordable Unit, and (2) the percentage that the initial subsidy represented of the fair market value of the Affordable Unit when it was purchased by the Homebuyer (the “Proportionate Share of Appreciation”).
4.6 The City Equity Share shall only be subordinate to a First Lien, as approved by the City at the time of the initial sale (or subsequent approval in the event of a refinance or resale during the Affordability Term), and amounts owed to Homebuyer for the value of improvements to the Property and the down payment paid by Homebuyer.
4.7 For purposes of determining the City Equity Share, at the time of the initial sale of the Property, and each re-sale during the Affordability Term, the fair market value shall be determined as follows:
4.7.1 For the initial sale, Developer may propose to the City a fair market value based on a price per square foot that is based on comparable sales of other units within the Project.
4.7.2 Except as approved in writing by the City, prior to the sale of an Affordable Unit, a qualified appraiser shall conduct an appraisal of the Affordable Unit to determine fair market value without the restrictions of this Agreement. If the Developer or a prospective Homebuyer disputes the appraised value, then that party may pay for the costs of a second appraisal and, if there is still disagreement, the average of the two appraisals shall be used to determine the fair market value.
4.7.3 The fair market value of the Affordable Unit, as determined in accordance with the above, shall be provided to the City for approval or disapproval, which City shall provide within thirty (30) days of receipt of the proposed fair market value. If City does not provide a written response within such time period, then the proposed fair market value shall be deemed approved by the City.
5. PROCESS FOR TRANSFER OF THE PROPERTY. In the event that Homebuyer desires to Transfer the Property, the following procedure shall apply:
5.1 Notice to City. Prior to any Transfer, Homebuyer shall send a completed Notice of Intent to Transfer to City at the address set forth in Section 22. The Notice of Intent to Transfer shall include: (a) the identity of the proposed Transferee and contact information, including current address and phone number, (b) the proposed terms of the Transfer, (c) whether the Property is being sold to a purchaser that qualifies as an Eligible Household and supporting documentation, and (d) if during the Affordability Term, the proposed Affordable Sales Price and the resulting Monthly Housing Costs. If the proposed Transfer is upon expiration of the Affordability Term, then the Notice of Intent to Transfer shall include the proposed sales price and a good faith estimate of the proceeds from the sale of the Property. The City may request additional information as reasonably necessary to evaluate the requested Transfer.
5.2 Qualification of Proposed Transferee. For a transfer during the Affordability Term, the proposed Transferee shall complete an Income Verification Form, in a form approved City Council 17 – 53 10/20/2026
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Exhibit B
by the City, which shall include, without limitation, a certification as to the income and family size of the proposed Transferee.
5.3 Certificates from Parties. In the event the City approves the proposed Transfer, Homebuyer and proposed Transferee each shall certify in writing, in a form acceptable to City, that the Transfer shall be closed in accordance with the terms of the sales contract and other documents submitted to and approved by City and that all consideration delivered by the proposed Transferee to owner has been fully disclosed to City. The written certificate shall also include a provision that in the event a Transfer is made in violation of the terms of this Agreement or false or misleading statements are made in any documents or certificate submitted to City for its approval of the Transfer, City shall have the right to file an action at law or in equity to make the parties terminate and/or rescind the sales contract and/or declare the sale void notwithstanding the fact that the Transfer may have closed and become final as between Homebuyer and Transferee.
5.4 Requirements for Permitted Transfers. For a Permitted Transfer during the Affordability Term, the City will require: (1) an assignment and assumption agreement that is reasonably acceptable to City, or (2) the proposed Transferee execute a new City Promissory Note, City Deed of Trust, and Affordable Housing Resale Restrictions. Upon expiration of the Affordability Term, the City will require a closing statement setting forth the proceeds from a proposed sale, and shall have at least thirty (30) days to review and approve the sales documents.
5.5 Written Approval of City Required Before Transfer. The purchase sale agreement or other contract for Transfer of the Property, and the Income Verification Form, shall be provided to the City, which shall have at least thirty (30) days to review. The Property, and any interest therein, shall not be conveyed by any Transfer except with the express written consent of City, which consent shall be given only if the Transfer is in accordance with the provisions of this Agreement.
5.6 Notice of Prohibited Transfer. Within thirty (30) days after receiving all information required by this Section 5, the City shall determine and give notice to Homebuyer as to whether the City consents to the Transfer as a Permitted Transfer, or if the City determines the proposed Transfer is a Prohibited Transfer. Any attempt to Transfer the Property without the City's written approval, or after the City has given notice of a Prohibited Transfer, shall be a Default of this Agreement, and the City may apply to a court of competent jurisdiction for specific performance of this Agreement, for an injunction prohibiting a proposed sale or Transfer in violation of this Agreement, for a declaration that the Prohibited Transfer is void, or for any such other relief as may be appropriate.
5.7 Delivery of Documents. Upon the close of the proposed Transfer, Homebuyer and Transferee, as applicable, shall provide the City with a copy of the final sales contract, settlement statement, escrow instructions, all certificates required by this Section 5 and any other documents City may request. Homebuyer and Transferee may direct an escrow company to provide these documents to the City.
6. ENCUMBRANCES.
City Council 17 – 54 10/20/2026
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Exhibit B
6.1 Subordination. Except as provided otherwise herein, the provisions of this Agreement, the Notice of Affordability Restrictions and the City Deed of Trust, the obligations herein and therein, shall be subordinate only to the First Lien on the Property and, if applicable, other loan(s) as approved by the City, including lien instruments that secure other Homebuyer purchase money and/or down payment assistance, including without limitation City, State of California, or federal affordable housing programs, which liens shall not impair the rights under the First Lien in the event of default under the First Lien by Homebuyer. Such remedies under the First Lien include the right of foreclosure or acceptance of a deed or assignment in lieu of foreclosure.
6.2 Request for Notice of Default. City may cause a Request for Notice to be recorded on the Property subsequent to the recordation of the First Lien deed of trust or mortgage requesting a statutory notice of default as set forth in California Civil Code Section 2924b. A form of a Request for Notice is attached as Exhibit H to the Density Bonus Agreement.
6.3 Further Encumbrances. Homebuyer agrees that it shall not record or cause the recordation of any deed of trust (“Further Encumbrance”) securing a note having an original principal sum which, when added to the sum of the principal amount(s) of any notes secured by any deeds of trust against the Property as of the date of recordation of the Further Encumbrance, exceeds one hundred percent (100%) of the fair market value of the Property.
7. USES. Homebuyer covenants and agrees to devote, use and maintain the Property in accordance with this Agreement. All uses conducted on the Property, including, without limitation, all activities undertaken by Homebuyer pursuant to this Agreement, shall conform to all applicable provisions of the Santa Ana Municipal Code, and the recorded documents pertaining to and running with the Property.
8. NONDISCRIMINATION COVENANTS.
Homebuyer covenants by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. All deeds, leases or contracts relating to the Property, or any part thereof, shall contain or be subject to substantially the following non-discrimination or non-segregation clauses:
“The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of City Council 17 – 55 10/20/2026
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Exhibit B
subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.”
The covenants established in this Section 8 shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and shall remain in effect in perpetuity.
9. MAINTENANCE OF PROPERTY.
Homebuyer shall maintain the improvements and landscaping on the Property in a manner consistent with community standards which will uphold the value of the Property, in accordance with the Santa Ana Municipal Code. Homebuyer also agrees to comply with all applicable federal, state and local laws.
9.1 Exterior Maintenance. Except as to be maintained by the homeowners association, as applicable, all exterior, painted surfaces of any structures located on the Property shall be maintained at all times in a clean and good condition. Any defacing marks shall be cleaned or removed within a reasonable period of time.
9.2 Front and Side Exteriors. Except as to be maintained by the homeowners association, as applicable, Homebuyer shall at all times maintain the front exterior, any visible side exteriors, and yards, if any, in a clean, safe and presentable manner.
9.3 Graffiti Removal. All graffiti and defacement of any type, including but not limited to marks, words and pictures, shall be promptly removed from the Property within two (2) days of the time they were made and any necessary painting or repair completed in a timely and expeditious manner after notice thereof, whichever is less.
9.4 No Nuisance. Homebuyer shall not maintain, cause to be maintained, or allow to be maintained on or about the Property any public or private nuisance, including without limitation, the conduct of criminal activities set forth in the nuisance abatement provisions of the Uniform Controlled Substances Act (Health & Safety Code Sections 11570, et seq.) or the Street Terrorism Enforcement and Prevention Act (Penal Code Sections 186.22 et seq.), or any successor statute or law.
10. OCCUPANCY STANDARDS.
The Property shall be used as the principal personal residence of Homebuyer and Homebuyer’s immediate family/household and for no other purpose. Homebuyer shall not enter into an agreement for the rental or lease of all or any part of the Property. Homebuyer shall not rent out a room or rooms at the Property. Homebuyer may request a temporary waiver of the foregoing requirement in the event of extreme hardship requiring Homebuyer to move to another City Council 17 – 56 10/20/2026
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Exhibit B
geographical area or to less expensive housing, including, for example and without limitation, transfer of job location, loss of job, or unexpected major expenses. City may approve or disapprove such request in its sole discretion, and may require as a condition of approval that Homebuyer only rent the Property to Eligible Households at an affordable rent (as defined in Section 50052.5 and 50053 of the California Health & Safety Code.) Subject to applicable state or federal law, the standard occupancy for the Property shall be consistent with the Regulatory Agreement. Homebuyer shall, upon demand by City, submit to City an affidavit of occupancy verifying Homebuyer’s compliance with this Section 10. Such affidavit may be required by City on an annual basis.
11. EFFECT OF VIOLATION OF THE TERMS AND PROVISIONS OF THIS AGREEMENT.
11.1 In General. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City, its successors and assigns, as to those covenants which are for its benefit. The covenants contained in this Agreement shall remain in effect for the periods of time specified herein. The covenants against discrimination shall remain in effect in perpetuity. 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 rights 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. City shall have the right, if the Restriction or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled.
11.2 Acceleration. The City shall be entitled to accelerate payments due under the City Promissory Note, and the amount required thereunder shall become due and immediately payable to City by Homebuyer upon the occurrence of any one of the following events of acceleration:
11.2.1 During the Affordability Term, Homebuyer Transfers the Property for a price in excess of an Affordable Sales Price or to a Transferee who does not qualify as an Eligible Household;
11.2.2 Homebuyer makes a Prohibited Transfer of title to or any interest in the Property without City's consent or in violation of this Agreement;
11.2.3 Homebuyer refinances any lien or encumbrance to which City Deed of Trust is subordinate (each such lien, a “First Lien”) for a loan amount in excess of the then current loan balance secured by such lien or encumbrance and loan closing costs;
11.2.4 Homebuyer fails to occupy the Property as Homebuyer’s principal residence or is in Default of any other obligation under the Affordable Housing Resale Restrictions;
City Council 17 – 57 10/20/2026
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Exhibit B
11.2.5 Homebuyer has an Ownership Default violating any affordable housing terms or provisions of this Agreement.
12. COMPLIANCE WITH LAWS; GOVERNING LAW.
Homebuyer hereby agrees to comply with all applicable ordinances, rules, and regulations of City. Nothing herein is intended to be, nor shall it be deemed to be, a waiver of any City ordinance, rule, or regulation. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this declaration must be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District.
13. INDEMNIFICATION.
Homebuyer shall pay for, defend, indemnify and hold harmless City and the City and their respective officers, officials, agents, employees, representatives, and volunteers from and against any loss, liability, claim, or judgment relating in any manner to Homebuyer’s use of the Property or Homebuyer’s violation of this Agreement. Homebuyer shall remain fully obligated for the payment of taxes, liens and assessments related to the Property. There shall be no reduction in taxes for Homebuyer, nor any transfer of responsibility to City to make such payments, by virtue of this Agreement.
14. INSURANCE.
Homebuyer shall maintain, during the term of this Agreement, an all-risk property insurance policy insuring the Property in an amount equal to the full replacement value of the structures on the Property. The policy shall contain a statement of obligation on behalf of the carrier to notify the City of any material change, cancellation or termination of coverage at least thirty (30) days in advance of the effective date of such material change, cancellation or termination. Homebuyer shall transmit a copy of the certificate of insurance to City within thirty (30) days of the effective Date of this Agreement, and Homebuyer shall annually transmit to City a copy of the certificate of insurance, signed by an authorized agent of the insurance carrier setting forth the general provisions of coverage. The copy of the certificate of insurance shall be transmitted to City at the address set forth in Section 22 hereof. The form, content and issuer of any certificate of insurance approved by City.
15. DEFAULTS.
Failure or delay by either 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 constitutes a default under this Agreement; provided, however, that 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. The party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure, correction or remedy with diligence. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not institute proceedings against the party in default until thirty (30) days after giving such notice.
City Council 17 – 58 10/20/2026
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Exhibit B
Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default.
16. NON-WAIVER.
Failure to exercise any right City may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default.
17. FURTHER ASSURANCES.
Homebuyer shall execute any further documents consistent with the terms of this Agreement, including documents in recordable form, as City shall from time to time find necessary or appropriate to effectuate its purposes in entering into this Agreement.
18. GOVERNING LAW.
Homebuyer hereby agrees to comply with all ordinances, rules and regulations of City .
Nothing in this Agreement is intended to be, nor shall it be deemed to be, a waiver of any City ordinance, rule or regulation. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court where the City is located.
19. AMENDMENT OF RESTRICTION.
No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by Homebuyer and City.
20. CITY MAY ASSIGN.
City may, at its option, assign its rights hereunder without obtaining the consent of Homebuyer.
21. HOMEBUYER ASSIGNMENT PROHIBITED.
In no event shall Homebuyer assign or transfer any portion of this Agreement without the prior express written consent of City, which consent shall be given by City only in the event that City determines that the assignee or transferee is an Eligible Household, that the assignee’s or transferee’s monthly housing payments are at an Affordable Housing Cost, and that the assignee or transferee has expressly assumed this Agreement by execution of a written assignment document to be provided by City and recorded against the Property, or execution of new instruments by the transferee. This section shall not affect or diminish City’s right to assign all or any portion of its rights hereunder.
22. NOTICES.
City Council 17 – 59 10/20/2026
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Exhibit B
Any notices, requests or approvals given under this Agreement from one party to another may be personally delivered or deposited with the United States Postal Service for mailing, postage prepaid, registered or certified mail, return receipt requested to the following address:
To Homebuyer: At the property address.
To City: City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Attn: City Clerk
Either party may change its address for notice by giving written notice thereof to the other party.
23. ATTORNEYS’ FEES AND COSTS.
In the event that any action is instituted to enforce payment or performance under this Agreement, the parties agree the non-prevailing party shall be responsible for and shall pay all costs and all attorneys’ fees incurred by such prevailing party in enforcing this Agreement.
24. ENTIRE AGREEMENT.
This Agreement, together with the City Promissory Note and City Deed of Trust, and all attachments thereto and hereto, constitutes the entire understanding and agreement of the parties.
This Agreement integrates all of the terms and conditions mentioned herein or incidental thereto, and supersedes all prior negotiations, discussions and previous agreements between the City and Homebuyer concerning all or any part of the subject matter of this Agreement. [Signature block begins on follow page.]
City Council 17 – 60 10/20/2026
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Exhibit B
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
HOMEBUYER:
By:
By:_______________________________________
CITY:
ATTEST: CITY OF SANTA ANA
___________________________ _______________________
By: By:
City Clerk City Manager
Dated: Dated:
City Council 17 – 61 10/20/2026
55394.00101\45398331.2
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Exhibit 1
of the Affordable Housing Resale Restrictions, et al.
EXHIBIT 1 OF THE AFFORDABLE HOUSING RESALE RESTRICTIONS, EQUITY
SHARING, AND REGULATORY AGREEMENT
LEGAL DESCRIPTION
City Council 17 – 62 10/20/2026
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Exhibit C
EXHIBIT C
FORM OF CITY PROMISSORY NOTE
City Equity Share [DATE]
Santa Ana, CA
1. FUNDAMENTAL PROVISIONS.
The following terms will be used as defined terms in this City Promissory Note (as it may be amended, modified, extended and renewed from time to time, this “Note”):
Lender/Payee: City of Santa Ana, a California municipal corporation.
Borrower/Maker: [HOMEBUYER]
Principal Amount: City Equity Share, as defined in the Affordable Housing Resale Restrictions
Interest Rate: None.
Default Interest Rate: Eight percent per annum.
Maturity Date: The date of a Transfer of the Property after expiration of the Affordability Term.
Business Day: Any day of the year other than Saturdays, Sundays and legal holidays on which City's main office is closed.
Property: [ADDRESS]
Deed of Trust: The City Deed of Trust executed by Borrower, as “Trustor”, for the benefit of City, as “Beneficiary,” concurrently with this Note, and recorded against the Property.
Affordable Housing
Resale Restrictions: The Affordable Housing Resale Restrictions, Equity Sharing and Regulatory Agreement, dated on or about [DATE].
Loan: The agreement by Borrower to pay the Principal Amount to City, in accordance with the Affordable Housing Resale Restrictions and this Note.
City Documents: This Note, the Affordable Housing Resale Restrictions, the City Deed of Trust
City Council 17 – 63 10/20/2026
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Exhibit C
2. PROMISE TO PAY. For value received, Borrower promises to pay to the City, at its office at 20 Civic Center Plaza (M-30), Santa Ana, CA 92702, or at such other place as the Lender hereof may from time to time designate in writing, the Principal Amount together with interest thereon, and all other sums due under and secured by the Deed of Trust.
3. SECURITY. This Note is secured by the City Deed of Trust. The holder of this Note will be entitled to the benefits of the security provided by the City Deed of Trust and will have the right to enforce the covenants and agreements of Maker contained therein and in the Affordable Housing Resale Restrictions
4. PAYMENTS. The City Equity Share is due upon a Transfer of the Property after expiration of the Affordability Term, or upon an event of Default as provided for herein or the Affordable Housing Resale Restrictions. Failure to declare such amounts due in any instance shall not constitute a waiver on the part of the City to declare them due in the future. Maker will pay to City all sums owing under this Note without deduction, offset, or counterclaim of any kind.
5. DEFAULT RATE OF INTEREST. If City Equity Share payable to City pursuant to the Affordable Housing Resale Restrictions and this Note are not paid to City within ten (10) days of the due date thereof, then interest shall accrue on such sum at a rate equal to the lesser of eight percent (8%) interest per annum, compounded annually, or the maximum rate permitted by law.
6. PREPAYMENT. This Note may not be prepaid in whole or in part.
7. TRANSFER. Maker shall not transfer, lease, sell, assign, refinance, encumber, convey or otherwise Transfer any interest in the Property without complying with all requirements of the Affordable Housing Resale Restrictions. Maker’s failure to comply with the requirements of this paragraph shall be a Default under this Note.
8. DEFAULT. The occurrence of any one or more of the following shall constitute an event of default (“Default”) hereunder.
8.1 The occurrence of a breach of any of Maker’s covenants, warranties, or representations under this Note, the City Deed of Trust, or the Affordable Housing Resale Restrictions, including without limitation, any unauthorized refinancing, sale, conveyance, lease, assignment, encumbrance, or other Transfer of the Property, Maker’s failure to occupy the Property as Maker’s principal residence, any failure to pay amounts payable pursuant to this Note, and Maker’s failure to maintain insurance on the Property as required pursuant to the City Deed of Trust.
8.2 The entry of an order for relief under federal bankruptcy laws as to Maker or the adjudication of Maker as insolvent or bankrupt pursuant to the provisions of any state or federal City Council 17 – 64 10/20/2026
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Exhibit C
insolvency or bankruptcy act, or Maker’s consent to, acquiescence in, or attempt to secure the appointment of, any receiver for all or any substantial part of the Property.
8.3 The occurrence of an event of default under any loan secured by the Property and the continuance of such default beyond the expiration of all applicable cure periods such that the holder of such loan has the right to accelerate such loan.
9. Remedies. Upon the occurrence of a Default, the giving of any required notice thereof, and the expiration of any applicable cure period, City may, at its option, exercise any one or more of the following remedies:
9.1 Declare all of the sums payable under this Note to be immediately due and payable without further demand.
9.2 Pursue the exercise of the power of sale provided under the City Deed of Trust.
9.3 Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property and take possession thereof (or any part thereof) and of any of the Security in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in response to such breach, and notwithstanding the continuance in possession of the Property, the City shall be entitled to exercise every remedy provided by the City Documents or by law, upon the occurrence of any uncured breach.
9.4 Commence an action to foreclose the City Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants set forth in the City Documents.
9.5 Exercise its option to purchase the Property pursuant to the Affordable Housing Resale Restrictions.
9.6 Exercise all other rights and remedies provided herein or in any other City Document.
9.7 Exercise any other remedy provided by law or in equity.
The rights and remedies of the City hereunder are cumulative, and the City’s exercise or failure to exercise one or more of such rights or remedies shall not preclude City’s exercise, at the same time or different times, of any other right or remedy for the same Default or any other Default.
City Council 17 – 65 10/20/2026
55394.00101\45398331.2
PLANNING COMMISSION DRAFT
Exhibit C
10. Maker’s Personal Liability. Maker will be fully and personally liable for all loss, cost, liability, damage, and expense (including without limitation attorneys’ fees) suffered or incurred by City arising from any of the following:
10.1 Failure to pay taxes, assessments, and any other charges that could result in liens against any portion of the Property or any other Security.
10.2 Failure to pay and discharge any mechanics’ liens, materialmen’s liens, or other unpermitted liens against any portion of the Property or any other Security.
10.3 Maker’s fraud or intentional misrepresentation with respect to any representations, warranties, or certifications made in the City Documents or in connection with Maker’s application to participate in the City’s affordable housing program.
10.4 Maker’s retention of any rental income or other income arising with respect to any portion of the Property or any other Security subsequent to the date of City’s delivery of any notice of a Default, or which, under the terms of the City Documents, should otherwise have been paid to City.
10.5 Maker’s retention or use of insurance proceeds, condemnation awards, or other similar funds or payments attributable to the Property or any other Security that pursuant to the City Documents should have been paid to City or used for another purpose.
10.6 Waste of the Property, or any other failure to maintain, repair, or restore any portion of the Property or any other Security in accordance with the requirements of the City Documents.
10.7 The removal, demolition, damage or destruction of any portion of the Property or any other Security that is neither consented to in writing by City nor fully compensated for by insurance proceeds or condemnation awards.
10.8 The failure of the City Documents to constitute a lien or security interest, as applicable, on the Property or any other Security, subject only to those exceptions, if any, permitted by the City Documents or otherwise approved in writing by City.
10.9 Nothing in this paragraph will affect or limit the rights of City to enforce any of City’s rights or remedies with respect to any portion of the Property or any other Security.
11. Maker’s Waivers. Maker hereby expressly waives diligence, presentment, protest, and demand, and notice of protest, notice of dishonor and notice of nonpayment of this Note, and expressly waives any rights to be released by reason of any extension of time or change in terms of payment, or change, alteration or release of any security given for the payments hereof, and City Council 17 – 66 10/20/2026
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Exhibit C
expressly waives the right to plead any and all statutes of limitation as a defense to any demand on this Note.
12. Notices. All notices, requests, demands, reports or other communications regarding this Note shall be in writing and delivered: (i) personally; or (ii) by independent, reputable, overnight commercial courier; or (iii) by deposit in the United States mail, postage and fees fully prepaid, registered or certified mail, with return receipt requested; addressed as follows, or to such other address as specified in written notice delivered to the parties pursuant to this Section:
To Maker: At the Property address.
To City: City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702
Attn: City Clerk
13. Any notice that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of delivery thereof.
14. Assignment by Lender; Successors and Assigns. This Note shall be binding upon Maker and Maker’s heirs, successors and assigns; provided however, Maker may not assign this Note without City’s prior written consent except as may be permitted in accordance with the City Deed of Trust and the Affordable Housing Resale Restrictions. City may assign its rights to receive the proceeds under this Note to any person or entity without the consent of Maker, and upon notice to Maker of such assignment, all payments shall be made to the assignee.
15. No Joint Venture. The relationship of Maker and City under this Note is solely that of a participant and administrator of an affordable housing program, and in no manner are the City and the Maker partners or joint ventures, nor do any of the City Documents establish a principal and agent relationship between City and Maker.
16. Attorneys’ Fees and Costs. If any legal action is filed to interpret or enforce this Note, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees, costs and expenses incurred therein. Maker agrees to pay all costs and expenses (including reasonable attorneys’ fees) that City may incur in connection with enforcement of this Note and collection of sums payable hereunder whether or not suit is filed.
17. No Third-Party Beneficiaries. This Note shall not benefit or be enforceable by any person or entity except the City and the Maker and their respective successors and assigns.
City Council 17 – 67 10/20/2026
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Exhibit C
18. Entire Agreement; Amendments. This Note, together with the Affordable Housing Resale Restrictions and the City Deed of Trust, sets forth the entire understanding between Maker and the City with respect to the subject matter hereof. Any previous representations, warranties, agreements, and understandings among the parties regarding the subject matter of the Affordable Housing Resale Restrictions, this Note and City Deed of Trust whether written or oral, are superseded by the terms of the Affordable Housing Resale Restrictions, this Note and the City Deed of Trust. This Note may be modified or amended only by a written instrument duly executed by City and Maker.
19. No City Waiver. Any waiver of any term or provision of this Note must be in writing.
No waiver of any breach, default or failure of condition under this Note or any other City Document shall be implied from City’s failure or delay in declaring a default or exercising any of City’s rights or remedies with respect to such breach, default or failure, or from any previous waiver of any similar or unrelated breach, default or failure, nor shall acceptance by City of any payment hereunder constitute a waiver of City’s right to require prompt payment of any remaining amounts owed. Without limiting the generality of the foregoing, City’s failure or delay in declaring any amount due hereunder shall not constitute a waiver of City’s right to declare such sum due for the same or any subsequent event that triggers Maker’s payment obligations hereunder.
20. Severability. If any provision of this Note shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Note shall not be affected or impaired thereby.
21. Controlling Law and Venue. The terms of this Note shall be interpreted under the laws of the State of California without regard to principles of conflicts of law. This Note was entered into and is to be performed in the County of Orange, which is the exclusive venue for any action or dispute arising hereunder.
22. Captions. All captions and headings in this Note are for the purposes of reference and convenience and shall be disregarded for all other purposes, including the construction or enforcement of any of the provisions of this Note.
23. Joint and Several. The obligations of each signatory to this Note shall be joint and several.
24. Time of the Essence. Time is of the essence with regard to all matters contained in this Note.
MAKER and HOMEBUYER:
By:_______________________________
City Council 17 – 68 10/20/2026
55394.00101\45398331.2
PLANNING COMMISSION DRAFT
Exhibit D
EXHIBIT D
FORM OF CITY DEED OF TRUST
CITY DEED OF TRUST
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702
Attention: City Clerk
Free Recording pursuant to
Government Code 6103 & 27383
CITY DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY
AGREEMENT
THIS PERFORMANCE DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (“Deed of Trust”) is made as of _______________, 20__, by _______________ and _______________ (collectively, “Trustor”) as Trustor, to the City of Santa Ana, as Trustee and Beneficiary (hereafter, “Trustee”, “Beneficiary,” or “City”).
The Trustor, in consideration of the promises herein recited and the trust herein created, irrevocably and unconditionally grants, transfers, conveys and assigns to Trustee, in trust for the benefit of City, with power of sale and right of entry and possession, all of Trustor’s right, title and interest now held or hereafter acquired in and to the property located in the City of Santa Ana, Orange County, State of California, described in the attached Exhibit 1 and more commonly known as: _________________ (APN: _____) (the “Property”); TOGETHER with the rents, issues, and profits of such Property, subject however, to the right, power, and authority granted and conferred on City in this Deed of Trust to collect and apply the rents, issues, and profits; and TOGETHER with all the improvements now or hereafter erected on the Property, and all easements, rights of way, and appurtenances thereto, and all fixtures now or hereafter attached to the Property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by this Deed of Trust; All of the foregoing, together with the Property, is herein collectively referred to as the “Security.”
TO HAVE AND TO HOLD the Security, together with acquaintances, to the Trustee, its successors and assigns forever;
City Council 17 – 69 10/20/2026
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Exhibit D
TO SECURE to the City the payment of the sums, and the performance of the covenants and agreements of the Trustor evidenced by (i) that certain Affordable Housing Resale Restrictions, Equity Sharing and Regulatory Agreement executed by and between Trustor and City, dated as of the date hereof and recorded substantially concurrently herewith (the “Affordable Housing Resale Restrictions”), and (ii) that certain City Promissory Note (the “Note”) dated as of the date hereof and executed by Trustor for the benefit of City, pursuant to which Trustor is obligated to pay to City a City Equity Share, and all extensions, modifications, or renewals of the Note and the Affordable Housing Resale Restrictions. The Note and the Affordable Housing Resale Restrictions are incorporated herein by this reference; and TO SECURE the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust and the performance of the covenants and agreements of Trustor herein contained.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows:
1. Trustor’s Estate. Trustor represents and warrants that Trustor is lawfully seized of the estate hereby conveyed, has the right to grant and convey the Security, and that other than this Deed of Trust, the Security is encumbered only by: (1) that certain deed of trust executed by Trustor and recorded against the Property substantially concurrently herewith to secure repayment of a loan made by ___________________ (the “First Mortgage Lender”) to assist Trustor in the purchase of the Property and evidenced by a promissory note executed by Trustor in favor of the First Mortgage Lender in the original principal amount of [Dollars] ($ ____ )(the “First Mortgage Note”), and (2) the Affordable Housing Resale Restrictions. Trustor agrees to warrant and defend generally the title to the Security against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring the City’s interest in the Security, and Trustor shall pay all costs and expenses, including cost of evidence of title and attorneys’ fees in a reasonable sum, in any such action or proceeding in which City or Trustee may appear, and in any suit brought by City to foreclose this Deed of Trust. As used in this Deed of Trust, the term “First Mortgage Lender” shall include all successors and assigns of the First Mortgage Lender with respect to the First Mortgage Note.
2. Note and Affordable Housing Resale Restrictions. Trustor will promptly pay when due all sums payable pursuant to the Note and shall perform all of Trustor’s covenants and obligations under the Note, the Affordable Housing Resale Restrictions, and this Deed of Trust.
3. Charges and Liens. Trustor will promptly pay when due, the interest, principal, and all other charges accruing under any deed of trust, mortgage, or other instrument encumbering the Property, and will pay when due directly to the payee thereof all taxes, assessments and other charges, fines and impositions affecting the Property. Upon request by the City, Trustor will promptly furnish to the City copies of all notices of amounts due described in this Section and evidence of payment of such amounts. Trustor shall pay when due each obligation secured by or reducible to a lien, charge or encumbrance which now does or later may encumber or appear to encumber all or part of the Property or any interest therein, whether or not such lien, charge or encumbrance is or would be senior or subordinate to this Deed of Trust; provided however, Trustor will not be required to discharge the lien of the deed of trust securing the First Mortgage Note (the “First Mortgage Deed of Trust”), and Trustor will not be required to pay any tax, charge, lien or City Council 17 – 70 10/20/2026
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Exhibit D
assessment described in this Section so long as Trustor is actively contesting its validity in good faith and by appropriate legal proceedings that will operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. Trustor shall post security for the payment of such contested claims as may be requested by the City.
4. Protection of Security. If Trustor fails to perform any of the covenants and agreements set forth in this Deed of Trust, or if any action or proceeding is commenced that materially affects City’s interest in the Property, including, but not limited to, default under any senior lienholder document, eminent domain, insolvency, code enforcement, arrangements or proceedings involving a bankrupt or decedent, foreclosure of any mortgage secured by the Property or sale of the Property under a power of sale of any instrument secured by the Property, City, at its option, without releasing Trustor from any obligation hereunder, may upon notice to Trustor, make such appearance, disburse such sums and take such action as is necessary to protect City’s interest, including, but not limited to, the purchase of insurance, disbursement of reasonable attorneys’ fees and entry upon the Property to make repairs. Any amounts disbursed by City pursuant to this Section, with interest thereon, shall become additional indebtedness of Trustor secured by this Deed of Trust. Unless Trustor and City agree to other terms of payment, such amounts shall be payable upon notice from City to Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the highest rate permissible under applicable law.
Nothing contained in this Section shall require City to incur any expense or take any action hereunder.
5. Inspection. The City may make, or cause to be made, reasonable entries upon the Property and inspections of the Security; provided that the City will give Trustor reasonable notice of inspection.
6. Title Insurance. At Trustor’s expense, Trustor shall purchase a CLTA lender’s policy of title insurance for the benefit of City, insuring this Deed of Trust as a secondary lien on the Property, with no delinquent taxes or assessment liens appearing as exceptions to title.
7. Hazard Insurance. Trustor shall keep the Property insured by a standard all-risk property insurance policy with endorsements for vandalism, malicious mischief, and special extended perils, in the full replacement value of the improvements, and with endorsements for increases in costs due to changes in code and inflation, with loss payable to City and any superior trust deed holder, as their interests may appear, and any other insurance required by the City.
The insurance carrier providing such insurance shall be licensed to do business in the State of California and may be chosen by Trustor, subject to approval by City. All insurance policies and renewals thereof shall be in a form acceptable to the City, and shall include a standard mortgagee clause with standard lender's endorsement in favor of the holder of any senior lien and the City as their interests may appear and in a form acceptable to the City. Trustor shall provide City with copies of all policies and renewals thereof, certificates of insurance, all renewal notices and all receipts of paid premiums. In the event of loss, Trustor shall give prompt notice to the insurance carrier and the City or its designated agent. The City, or its designated agent, may make proof of loss if not made promptly by Trustor. The policies shall include an endorsement providing that City shall receive thirty (30) days’ advance written notice of the cancellation, expiration or City Council 17 – 71 10/20/2026
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PLANNING COMMISSION DRAFT
Exhibit D
termination or any material change in the coverage afforded by any of the insurance policies required under this Section.
If the Property is acquired by the City, all right, title and interest of Trustor in and to any insurance policy and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition will pass to the City to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition, subject to the rights of the holder of any senior lien.
Renewal policies and any replacement policies, together with premium receipts satisfactory to the City, shall be delivered to the City at least thirty (30) days prior to the expiration of existing policies. Neither Trustee nor the City shall by reason of accepting, rejecting, approving or obtaining insurance incur any liability for the existence, nonexistence, form or legal sufficiency of such insurance, or solvency of any insurer for payment of losses. The application of proceeds pursuant to this Section shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
8. Awards and Damages. Subject to the rights of senior lienholders, all judgments, awards of damages, settlements and compensation made in connection with or in lieu of (a) taking of all or any part of or any interest in the Property by or under assertion of the power of eminent domain, (b) any damage to or destruction of the Property or any part thereof by insured casualty, and (c) any other injury or damage to all or any part of the Property, are hereby assigned to and shall be applied to the restoration or repair of the Property (if applicable) or paid to the City. The City is authorized and empowered (but not required) to collect and receive any such sums and is authorized to apply them in whole or in part upon any indebtedness or obligation secured hereby, in such order and manner as the City shall determine at its option. The City shall be entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment. All or any part of the amounts so collected and recovered by the City may be released to Trustor upon such conditions as the City may impose for its disposition. Application of all or any part of the amounts collected and received by the City or the release thereof shall not cure or waive any default under this Deed of Trust. If the Property is abandoned by Trustor, or if, after notice by City or its designated agent to Trustor that the condemnor or insurer offers to make an award or settle a claim for damages, Trustor fails to respond to City within thirty (30) days after the date such notice is mailed, City or its designated agent is authorized to collect and apply the proceeds, at City’s option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust
9. Maintenance. Trustor shall maintain the Property and all structures and landscaping thereon in good condition and repair. Trustor agrees to complete installation of landscaping as approved by the City, and to diligently maintain and care for installed landscaping, using generally accepted methods of cultivation and watering. Trustor shall not remove or demolish any building located on the Property, and agrees to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon, and to pay when due all claims for labor performed and materials furnished therefor, and to comply with all laws affecting the Property or requiring any alterations or improvements to be made thereon. Trustor shall not commit or permit waste thereof, and shall not commit or permit any act upon the Property in violation of applicable laws. Trustor will comply with all applicable City Council 17 – 72 10/20/2026
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PLANNING COMMISSION DRAFT
Exhibit D
laws, ordinances and governmental regulations affecting the Property or requiring any alteration or improvement thereof, and will not suffer or permit any violations of any such law, ordinance or governmental regulation, nor of any covenant, condition or restriction affecting the Property. If there arises a condition in contravention of this Section, and if the Trustor has not cured such condition within thirty (30) days after receiving a notice from City of such a condition, then in addition to any other rights available to City, City shall have the right (but not the obligation) to perform all acts necessary to cure such condition, and to establish or enforce a lien or other encumbrance against the Property to recover its cost of cure.
10. Occupancy. Trustor shall occupy the Property as Trustor’s primary residence, and the Property shall be used as the primary residence of Trustor and Trustor’s household and for no other purpose. The Property shall not be leased or rented by Trustor to any person or entity other than as expressly permitted by the Affordable Housing Resale Restrictions or consented to by City in writing. The City shall have the right to monitor whether the Property is owner-occupied by requesting that Trustor provide City with a written certification under penalty of perjury that the Property is owner-occupied, accompanied by supporting documentation reasonably satisfactory to the City.
11. Transfer. Trustor shall not allow any Further Encumbrance or Transfer of the Property (as such terms are defined in the Affordable Housing Resale Restrictions) any without complying with all requirements of the Affordable Housing Resale Restrictions.
12. Assignment of Rents. Trustor hereby irrevocably, absolutely, presently and unconditionally assigns to City the rents, issues, revenue and profits of the Property. This is an absolute assignment and not an assignment for security only. Subject to the limitations on lease or rental of the Property as set forth herein and in the Affordable Housing Resale Restrictions, City hereby confers upon Trustor a license to collect and retain such rents, issues, revenue and profits, as they become due and payable prior to any Default hereunder. Upon the occurrence of any such Default, City may terminate such license without notice to or demand upon Trustor and without regard to the adequacy of any security for the indebtedness hereby secured, and may either in person, by agent, or by a receiver to be appointed by a court, enter upon and take possession of the Property or any part thereof, and sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorneys’ fees, to any indebtedness secured hereby, and in such order as City may determine. City’s right to the rents, issues, revenue and profits of the Property does not depend upon whether or not City takes possession of the Property. The entering upon and taking possession of the Property, the collection of such rents, issues, revenue and profits, and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. If a Default occurs while City is in possession of all or part of the Property and/or is collecting and applying rents as permitted under this Deed of Trust, City, Trustee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Deed of Trust and at law or in equity, including the right to exercise the power of sale granted hereunder. Regardless of whether or not City, in person or by agent, takes actual possession of the Property, City shall not be deemed to be a “mortgagee in possession,” shall not be responsible for performing any obligation of the lessor under any lease, shall not be liable in any manner for the Property, or the use, occupancy, enjoyment City Council 17 – 73 10/20/2026
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PLANNING COMMISSION DRAFT
Exhibit D
or operation of any part of it , and unless due solely to the willful misconduct or gross negligence of City, shall not be responsible for any dangerous or defective condition of the Property or any negligence in the management, repair or control of the Property.
13. Default. An event of default (“Default”) shall arise hereunder upon the occurrence of any one or more of the following and the expiration of any applicable cure period:
a. Trustor fails to occupy the Property as Trustor’s principal residence; b. The sale, conveyance, encumbrance, refinance, assignment, or other transfer of the Property including without limitation, the lease or rental of the Property in violation of the Affordable Housing Resale Restrictions;
c. An event of default arises under the Note or the Affordable Housing Resale Restrictions, and such default remains uncured following the expiration of any applicable cure period;
d. Trustor fails to pay when due any sum payable pursuant to the Note, the Affordable Housing Resale Restrictions or this Deed of Trust; e. The Property is refinanced or encumbered in violation of the Affordable Housing Resale Restrictions or this Deed of Trust;
f. Trustor fails to maintain insurance on the Property as required by the Affordable Housing Resale Restrictions and this Deed of Trust, g. Subject to Trustor’s right to contest the following charges, Trustor fails to pay prior to delinquency taxes or assessments due on the Property or fails to pay when due any other charge that may result in a lien on the Property, and Trustor fails to cure such default within twenty (20) days of date of delinquency, but in all events prior to the time that the holder of such lien has the right to pursue foreclosure thereon;
h. Trustor declares bankruptcy or makes an assignment of assets for the benefit of creditors, or an order for relief is entered under federal bankruptcy laws as to Trustor, or Trustor is adjudicated as insolvent or bankrupt pursuant to the provisions of any state or federal insolvency or bankruptcy, or Trustor consents to, acquiesces in, or attempts to secure the appointment of, any receiver for all or any substantial part of the Property; i. The occurrence of an event of default under any loan secured by the Property and the continuance of such default beyond the expiration of all applicable cure periods such that the holder of such loan has the right to accelerate such loan. j. Trustor fails to observe or perform any other covenant, condition, or agreement to be observed or performed by Trustor pursuant to the Note, the Affordable Housing Resale Restrictions or this Deed of Trust.
City Council 17 – 74 10/20/2026
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PLANNING COMMISSION DRAFT
Exhibit D
14. Remedies. Upon the occurrence of a Default, the giving of notice thereof and the expiration of any applicable cure period, City may, at its option, exercise any one or more of the following remedies:
a. Declare all of the sums payable under the Note to be immediately due and payable without further demand.
b. Pursue the exercise of the power of sale provided under this Deed of Trust. c. Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, enter upon, take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom, or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in response to such breach and, notwithstanding the continuance in possession of the Security, the City shall be entitled to exercise every right and remedy provided under the Note, this Deed of Trust, or the Affordable Housing Resale Restrictions, or by law upon occurrence of any uncured breach.
d. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof. e. Exercise any option to purchase the Property, as authorized pursuant to the Affordable Housing Resale Restrictions.
f. Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the obligations secured hereby. g. Exercise any other remedy provided by law or in equity.
15. Acceleration and Sale.
a. Notice of Default. Upon Trustor’s breach of any covenant or agreement of Trustor under the Note, the Affordable Housing Resale Restrictions or this Deed of Trust, City shall mail notice to Trustor as provided in Section 24 hereof specifying: (i) the nature of the breach; (ii) the action required to cure such breach; (iii) a date no less than thirty (30) days from the date the notice is mailed to Trustor by which such breach must be cured or such shorter cure period as may be provided in the Note, the Affordable Housing Resale Restrictions or this Deed of Trust; and (iv) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the loan and the sale of the Property. The notice shall further inform Trustor of Trustor’s right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Trustor to acceleration and sale. If the breach is not cured on or before the date specified in the notice, City at City’s option declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and/or pursue any other remedy provided herein or available under law.
City Council 17 – 75 10/20/2026
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PLANNING COMMISSION DRAFT
Exhibit D
City shall be entitled to collect from the Trustor, or from the proceeds of the sale of the Property, all reasonable costs and expenses incurred in pursuing the remedies provided hereunder, including, but not limited to, reasonable attorneys’ fees.
If a non-monetary default is not reasonably capable of being cured within thirty (30) days, the City, in its sole and absolute discretion, may grant the Trustor or the First Mortgage Lender such additional time as is reasonably necessary to cure the default provided that the Trustor or the First Mortgage Lender (i) initiates corrective action within said period, and (ii) diligently, continually, and in good faith works to effect a cure as soon as possible.
Notwithstanding the cure periods established in this Section, in no event shall the City be precluded from sooner exercising any remedies if its security becomes or is about to become materially jeopardized by any failure to cure a default or the default is not cured within ninety (90) days after the first notice of default or delinquency is given. b. Trustor’s Right to Reinstate. Notwithstanding City’s acceleration of the sums secured by this Deed of Trust, Trustor will have the right to have any proceedings begun by City to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of the judgment enforcing this Deed of Trust if: (a) Trustor pays City all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Trustor pays all reasonable expenses incurred by City and Trustee in enforcing the covenants and agreements of Trustor contained in this Deed of Trust, including, but not limited to, reasonable attorneys’ fees; Trustor cures all breaches of any other covenants or agreements of Trustor set forth in the Affordable Housing Resale Restrictions and this Deed of Trust; and (d) Trustor takes such action as City may reasonably require to assure that the lien of this Deed of Trust, City’s interest in the Property and Trustor’s obligation to pay the sums and perform the obligations secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Trustor, this Deed of Trust and the obligations secured hereby will remain in full force and effect as if no acceleration had occurred.
c. Sale. After delivery to Trustee of a Notice of Default and Demand for Sale and after the expiration of such time and the giving of such notice of default and sale as may then be required by law, and without demand on Trustor, Trustee shall sell the Property at the time and place of sale fixed by it in said notice of sale, at public auction to the highest bidder for cash in lawful money of the United States of America, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement. Any person, including Trustor, Trustee or the City, may purchase at such sale. Upon such sale by Trustee it shall deliver to such purchaser its deed conveying the Property so sold, but without any covenant or warranty expressed or implied. The recitals in such deed of any matters or facts shall be conclusive proof of their truthfulness. Upon sale by Trustee and after deducting all costs, expenses and fees of Trustee, Trustee shall apply the proceeds of sale to the payment of the indebtedness hereby secured, including without limitation the indebtedness evidenced by the Note, any advances made or costs or expenses paid or incurred by City under this Deed of Trust, any indebtedness evidenced by any other instrument hereby City Council 17 – 76 10/20/2026
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Exhibit D
secured, and all other sums then secured hereby, including without limitation, interest as provided in the Note and the Affordable Housing Resale Restrictions, in such order as the City shall direct; and then the remainder, if any, shall be paid to the person or persons legally entitled thereto.
16. Remedies Cumulative; No Waiver. No exercise of any right or remedy by the City or Trustee hereunder shall constitute a waiver of any other right or remedy herein contained or provided by law, and no delay or forbearance by the City or Trustee in exercising any such right or remedy hereunder shall operate as a waiver thereof or preclude the exercise thereof in any continued or subsequent default hereunder. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or any other document, or afforded by law or equity, and may be exercised concurrently, independently or successively. No sale of the Property, forbearance on the part of City, or extension of the time for payment of the indebtedness hereby secured shall operate to release, discharge, waive, modify, change or affect the liability of Trustor either in whole or in part.
17. Indemnity. Trustor agrees to defend, indemnify, and hold the City, and its elected and appointed officers, officials, employees, and agents harmless from all losses, damages, liabilities, claims, actions, judgments, costs, and reasonable attorneys’ fees that they may incur as a direct or indirect consequence of: (i) Trustor’s failure to perform any obligations as and when required by the Note, the Affordable Housing Resale Restrictions, or this Deed of Trust; or (ii) the failure at any time of any of Trustor’s representations or warranties herein or in the Affordable Housing Resale Restrictions or the Note to be true and correct.
18. Due on Transfer of the Property. If the Trustor sells, conveys, assigns, transfers, alienates, or otherwise disposes of its interest in the Property, either voluntarily or involuntarily or by operation of law, in part or in full, in violation of the Affordable Housing Resale Restrictions, the City may, at its option, require immediate payment in full of all sums due under the Note.
19. Reconveyance. Upon payment of all sums and satisfaction of all obligations secured by this Deed of Trust, including without limitation, payment of the City Equity Share as defined in the Affordable Housing Resale Restrictions, and upon the expiration or termination of the Affordable Housing Resale Restrictions, the City will provide a written request to the Trustee to reconvey the Security and will surrender this Deed of Trust and the Note to Trustee. The Trustee shall reconvey the Security without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. The recitals in the reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof.
20. Trustee Substitution. The City, at its option and without prior notice, may from time to time, by written instrument, remove the Trustee and appoint a successor trustee pursuant to a written instrument executed by City and duly acknowledged and recorded in the Official Records of Orange. Such instrument shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the predecessor Trustee, succeed to all the title, estate, power and duties conferred upon the Trustee herein and by applicable law. Such instrument shall set forth the name of the Trustor, the original Trustee and the Beneficiary hereunder, the book and page where this Deed of Trust is recorded, and the name and address of the new Trustee.
City Council 17 – 77 10/20/2026
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PLANNING COMMISSION DRAFT
Exhibit D
21. City’s Rights to Release. Without affecting the liability of any person for payment of any indebtedness hereby secured (other than any person released pursuant hereto), including without limitation any one or more endorsers or guarantors, and without affecting the lien hereof upon any of the Property not released pursuant hereto, at any time and from time to time without notice: (a) City may in its sole discretion: (i) release any person now or hereafter liable for payment of any or all such indebtedness, (ii) extend the time for or agree to alter the terms of payment of any or all of such indebtedness, and (iii) release or accept additional security for such indebtedness, or subordinate the lien or charge hereof; and (b) Trustee, acting pursuant to the written request of the City, may reconvey all or any part of the Property, consent to the making of any map or plot of the and, join in granting any easement thereon, or join in any extension agreement of any agreement subordinating the lien or charge hereof.
22. Subordination. Absent the prior written consent of City, this Deed of Trust shall not be subordinated to any other deed of trust or encumbrance on the Property, except a First Lien, as allowed by the Affordable Housing Resale Restrictions.
23. Request for Notice. City requests that copies of any notice of default and notice of sale affecting the Property be sent to City at its address set forth herein. City shall record a Request for Notice of Default and Sale.
24. Notices. All notices, requests, demands, reports or other communications regarding this Deed of Trust shall be in writing and delivered: (i) personally; or (ii) by independent, reputable, overnight commercial courier; or (iii) by deposit in the United States mail, postage and fees fully prepaid, registered or certified mail, with return receipt requested, and addressed as follows, or to such other address as specified in written notice delivered to the parties pursuant to this Section:
To Trustor: At the Property address.
To City: City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk
Any notice that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of delivery thereof.
25. Successors Bound. The terms of this Deed of Trust shall be binding upon the Trustor and the Trustor’s heirs, legatees, devisees, administrators, executors, successors and assigns.
26. Attorneys’ Fees and Costs. If any legal action is filed to enforce or interpret this Deed of Trust, or the interpretation or enforcement thereof, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees, costs and expenses incurred therein.
City Council 17 – 78 10/20/2026
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Exhibit D
27. No Waiver. Any waiver of any term or provision of this Deed of Trust must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Deed of Trust or applicable law.
No failure or delay by City at any time to require strict performance of any provision of this Deed of Trust or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election.
28. No Third-Party Beneficiaries. This Deed of Trust shall not benefit or be enforceable by any person or entity except the City, the Trustee, and the Trustor and their respective successors and assigns.
29. Entire Agreement. This Deed of Trust, together with the Affordable Housing Resale Restrictions and the Note, sets forth the entire understanding between Trustor and the City with respect to the subject matter hereof. Any previous representations, warranties, agreements, and understandings among the parties regarding the subject matter of the Affordable Housing Resale Restrictions, this Deed of Trust and Note whether written or oral, are superseded by the terms of the Affordable Housing Resale Restrictions, the Note and this Deed of Trust.
30. Amendments. This Deed of Trust shall not be amended except by a written instrument duly executed by Trustor and Beneficiary and recorded in the Official Records of Orange.
31. Severability. If any provision of this Deed of Trust shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Deed of Trust shall not be affected or impaired thereby.
32. Controlling Law and Venue. The terms of this Deed of Trust shall be interpreted under the laws of the State of California without regard to principles of conflicts of law. This Deed of Trust was entered into and is to be performed in the County of Orange, which is the exclusive venue for any action or dispute arising out of this Deed of Trust.
33. Captions and Gender. All captions and headings in this Deed of Trust are for the purposes of reference and convenience and shall be disregarded for all other purposes, including the construction or enforcement of any of provisions thereof. Whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural.
34. Joint and Several. The obligations of each signatory to this Deed of Trust shall be joint and several.
35. Time of the Essence. Time is of the essence with regard to all matters contained in this Deed of Trust.
City Council 17 – 79 10/20/2026
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Exhibit D
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the date first written above.
TRUSTOR:
By: _________________________
Print Name: ___________________
By: _________________________
Print Name: ____________________
(Signatures must be acknowledged by notary)
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PLANNING COMMISSION DRAFT
Exhibit D
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California County of Orange} ss.
On ____________________, 20___, before me, ___________________, a Notary Public, personally appeared _____________ who proved to me on the basis of satisfactory evidence to be the person/s whose name/s is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature/s on the instrument the person/s, or the entity upon behalf of which the person/s acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.
WITNESS my hand and official seal Signature of Notary Public ____________________________________________
City Council 17 – 81 10/20/2026
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PLANNING COMMISSION DRAFT
Exhibit 1
of Deed of Trust (Legal Description)
EXHIBIT 1 OF DEED OF TRUST
LEGAL DESCRIPTION
City Council 17 – 82 10/20/2026
55394.00101\45398331.2
Exhibit E
EXHIBIT E
INCOME VERIFICATION FORM
Affordable 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 Affordable Unit Name Sex Age
Dependent
(Y/N)
Social Security #
or Taxpayer ID #
List additional household members on a separate sheet of paper.
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Exhibit E
INCOME VERIFICATION FORM
Monthly Gross Income *
List All Sources of Income of All Household Members Living in the Affordable 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 17 – 84 10/20/2026
55394.00101\45398331.2
Exhibit E
INCOME VERIFICATION FORM
Monthly Gross Income *
List All Sources of Income of All Household Members Living in the Affordable 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 17 – 85 10/20/2026
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Exhibit E
INCOME VERIFICATION FORM
Assets **
List the Current Value of All Assets of All Household Members Living in the Affordable 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 17 – 86 10/20/2026
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Exhibit E
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 17 – 87 10/20/2026
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Exhibit E
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 Affordable 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 Affordable 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 Affordable 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 17 – 88 10/20/2026
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Exhibit F
EXHIBIT F
OCCUPANCY CERTIFICATION FORMS
[SEE FOLLOWING PAGES]
City Council 17 – 89 10/20/2026
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Exhibit F
Exhibit F-1: Certificate of Intent to Occupy
Date:
Homebuyer(s) Name:__________________
Address: ___________________Santa Ana, CA
We have signed a Purchase Agreement to purchase an Inclusionary Unit that was produced under the requirements of the City of Santa Ana Inclusionary Housing Ordinance. We understand and agree that the Inclusionary Unit must be used as our Primary Residence and for no other purpose.
By this Certification, we declare under penalty of perjury that:
1. We will move into and occupy the Inclusionary Unit promptly after the Closing; and
2. After initial occupancy, we intend to occupy the Inclusionary Unit for at least ten (10) out of the every twelve (12) months; and
3. We will not use the Inclusionary Unit for any other purpose than as our Primary Residence; and
4. We will not rent or lease any part of the Inclusionary Unit to another party.
We acknowledge that any intentional or negligent misrepresentation in this Certification may result in civil liability and/or criminal penalties including, but not limited to, fine or imprisonment, or both, and liability for monetary damages under the provisions of Title 18, United States Code, Section 100.1, et seq.
Signed: _____________________________
Signed: _____________________________
City Council 17 – 90 10/20/2026
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Exhibit F
Exhibit F-2: Certificate of Continuing Occupancy
Date:
Owner(s) Name:
Address: Santa Ana, CA
We are the Owners of an Affordable Unit that was developed subject to regulatory requirements imposed by the City of Santa Ana. We understand and agree that the Affordable Unit must be used as our Primary Residence and for no other purpose.
By this Certification, we declare under penalty of perjury that:
1. We currently occupy the Affordable Unit; and
2. We have occupied the Affordable Unit for at least ten (10) out of the past twelve (12) months; and
3. We have not used the Affordable Unit for any other purpose than as our Primary Residence; and
4. We are not renting or leasing any part of the Affordable Unit to another party.
We have attached true and accurate copies of two utility bills or other documentation evidencing our continued occupancy of the Affordable Unit.
We acknowledge that any intentional or negligent misrepresentation in this Certification may result in civil liability and/or criminal penalties including, but not limited to, fine or imprisonment, or both, and liability for monetary damages under the provisions of Title 18, United States Code, Section 100.1, et seq.
Signed: _____________________________
Signed: _____________________________
City Council 17 – 91 10/20/2026
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Exhibit G
EXHIBIT G
FORM OF NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF
PROPERTY
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702
Attention: City Clerk
Free Recording pursuant to
Government Code 6103 & 27383
NOTICE OF AFFORDABILITY RESTRICTIONS ON
TRANSFER OF PROPERTY
This Notice of Affordability Restrictions on Transfer of Property (or “Notice of Affordability Restrictions”) is executed and recorded pursuant to the Density Bonus Housing Agreement With Declaration of Covenants, Conditions, and Restrictions (the “Density Bonus Agreement”), recorded on or about __________, 2026, in the Official Records of Orange County, against that certain real property generally located at_______________ (APN: ______) in the City of Santa Ana, California (“City”) as legally described in Exhibit 1 hereto (“Property”). The City of Santa Ana, a municipal corporation (“City”), and
____________________________(collectively “Homebuyer”) have entered into that certain Affordable Housing Resale Restrictions, Equity Sharing, and Regulatory Agreement, dated concurrently herewith (“Affordable Housing Resale Restrictions”).
1. The Affordable Housing Resale Restrictions provides for affordability restrictions and restrictions on the transfer of the Property, as more particularly set forth in the Affordable Housing Resale Restrictions. A copy of the Affordable Housing Resale Restrictions is on file with City as a public record and is deemed incorporated herein. Reference is made to the Affordable Housing Resale Restrictions with regard to the complete text of the provisions of such agreement and all defined terms therein, which provides for affordability restrictions and restrictions on the transfer of the Property.
2. The Affordable Housing Resale Restrictions contains restrictions on the sale of the Property and an equity sharing agreement for Homebuyer to pay to the City certain proceeds from the sale of the Property upon the expiration of the Affordability Term for the Property.
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Exhibit G
2. The Affordable Housing Resale Restrictions contains restrictions on the sale of the Property and an equity sharing agreement for Homebuyer to pay to the City certain proceeds from the sale of the Property upon the expiration of the Affordability Term for the Property. (A) For a period commencing upon the date on which the Property receives a Certificate of Occupancy, which occurred on [DATE], and terminating on the date that is ten (10) years later (the “Affordability Term”), the Property may only be transferred to another eligible, qualified Moderate Income Household, at an Affordable Sales Price; such restrictions are set forth at greater length in the Density Bonus Agreement and the Affordable Housing Resale Restrictions.
(B) Upon expiration of the Affordability Term, the City is entitled to an amount of the proceeds from any Transfer that is equal to the City Equity Share, which is secured by the City Deed of Trust. The City Equity Share is based on the following: (i) an amount equal to the difference between the fair market value of the Affordable Unit at the time of the initial purchase and the Affordable Sales Price (the “Initial Subsidy”), plus (ii) an amount equal to the product of (1) the appreciation of the Affordable Unit, as measured by the increase in the fair market value of the Affordable Unit at the time of the sale to the Homebuyer and the resale of the Affordable Unit, and (2) the percentage that the initial subsidy represented of the fair market value of the Affordable Unit when it was purchased by the Homebuyer (the “Proportionate Share of Appreciation”). The City Deed of Trust will not be released as an interest in the Property or otherwise reconveyed unless and until the City is paid the City Equity Share in accordance with the Affordable Housing Resale Restrictions.
3. Prior to a transfer of the Property, Homebuyer must comply with requirements of the Affordable Housing Resale Restrictions, including but not limited to the following requirements of Section 5:
a. Notice to City. Homebuyer shall send the Notice of Intent to Transfer to City pursuant to Section of the Affordable Housing Resale Restrictions. b. Qualification of Proposed Transferee. During the Affordability Term, the proposed Transferee shall provide City with sufficient information in the form provided by City including without limitation, a certification as to the income and family size of the proposed Transferee, for City to determine if the proposed Transferee is a Moderate Income Household, and the proposed Affordable Sales Price.
c. Certificates from Parties. During the Affordability Term, Homebuyer and proposed Transferee each shall certify in writing, in a form acceptable to City, that the Transfer shall be closed in accordance with, and only with, the terms of the sales contract and other documents submitted to and approved by City and that all consideration delivered by the proposed Transferee to owner has been fully disclosed to City. The written certificate shall also include a provision that in the event a Transfer is made in violation of the terms of this Agreement or false or misleading statements are made in any documents or certificate submitted to City for its approval of the Transfer, City shall have the right to file an action at law or in equity to make the City Council 17 – 93 10/20/2026
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Exhibit G
parties terminate and/or rescind the sales contract and/or declare the sale void notwithstanding the fact that the Transfer may have closed and become final as between Homebuyer and Transferee. d. Written Consent of City Required Before Transfer. During the Affordability Term, the purchase sale agreement or other contract for Transfer of the Property, and the Income Verification Form, shall be provided to the City, which shall have at least thirty (30) days to review. The Property, and any interest therein, shall not be conveyed by any Transfer except with the express written consent of City, which consent shall be given only if the Transfer is in accordance with the provisions of this Agreement The Property, and any interest therein, shall not be conveyed by any Transfer except with the express written consent of City, which consent shall be given only if the Transfer is in accordance with the provisions of the Affordable Housing Resale Restrictions.
e. Notice of Prohibited Transfer. Within thirty (30) days after receiving all information required by the Affordable Housing Resale Restrictions, the City shall determine and give notice to Homebuyer as to whether the City consents to the Transfer as a Permitted Transfer, or if the City determines the proposed Transfer is a Prohibited Transfer. Any attempt to Transfer the Property without the City's written approval, or after the City has given notice of a Prohibited Transfer, shall be a Default of this Agreement, and the City may apply to a court of competent jurisdiction for specific performance of this Agreement, for an injunction prohibiting a proposed sale or Transfer in violation of this Agreement, for a declaration that the Prohibited Transfer is void, or for any such other relief as may be appropriate. f. Delivery of Documents. Upon the close of the proposed Transfer, Homebuyer and Transferee, as applicable, shall provide the City with a copy of the final sales contract, settlement statement, escrow instructions, all required certificates, and any other documents City may request.”
8. The Affordable Housing Resale Restrictions and the Density Bonus agreement both remain in full force and effect and are not amended or altered in any manner whatsoever by this Notice of Affordability Restrictions.
10. Capitalized terms shall have the meaning established under the Density Bonus Agreement or the Affordable Housing Resale Restrictions (including all Attachments or Exhibits thereto) excepting only to the extent as otherwise expressly provided under this Notice of Affordability Restrictions.
11. Persons having questions regarding this Notice of Affordability Restrictions, the Affordable Housing Resale Restrictions or the Density Bonus Agreement should contact City to obtain copies.
HOMEBUYER:
By:
By:_________________________________
City Council 17 – 94 10/20/2026
55394.00101\45398331.2
Exhibit G
(Signatures must be acknowledged by notary)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California County of Orange} ss.
On ____________________, 20___, before me, ___________________, a Notary Public, personally appeared _____________ who proved to me on the basis of satisfactory evidence to be the person/s whose name/s is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature/s on the instrument the person/s, or the entity upon behalf of which the person/s acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.
WITNESS my hand and official seal Signature of Notary Public ____________________________________________
City Council 17 – 95 10/20/2026
55394.00101\45398331.2
Exhibit 1
to Notice of Affordability Restrictions (Legal Description) EXHIBIT 1 TO NOTICE OF AFFORDABILITY RESTRICTIONS
LEGAL DESCRIPTION
City Council 17 – 96 10/20/2026
55394.00101\45398331.2
Exhibit H
Exhibit H
FORM OF REQUEST FOR NOTICE OF DEFAULT
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702
Attention: City Clerk
Free Recording pursuant to
Government Code 6103 & 27383
REQUEST FOR NOTICE UNDER CIVIL CODE SECTION 2924B
In accordance with California Civil Code Section 2924b request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under the Deeds of Trust recorded as Instrument Nos. , , and on _______ in the Official Records of County of Orange, California, and
describing land therein as:
[See Exhibit 1 attached hereto]
executed by ______________________________________, as Trustor/Borrower, in which the City of Santa Ana is named as Beneficiary and Trustee, be mailed to:
City of Santa Ana, 20 Civic Center Plaza (M-30) P.O. Box 1988, Santa Ana, CA 92702, Attention:
City Clerk.
[Signature on next page]
City Council 17 – 97 10/20/2026
55394.00101\45398331.2
Exhibit H
ATTEST: CITY OF SANTA ANA
Jennifer Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM:
By: [NAME]
City Attorney
City Council 17 – 98 10/20/2026
55394.00101\45398331.2
EXHIBIT 1 TO REQUEST FOR DEFAULT
LEGAL DESCRIPTION
City Council 17 – 99 10/20/2026
55394.00101\45398331.2
Exhibit I
AFFORDABLE SALES PRICE
Income criteria used to determine affordable sales price and affordable housing cost are based on standards imposed by the Ordinance and California Health and Safety Code Sections 50093 and 50052.5.
Certain assumptions are used in calculating both the Affordable housing cost and the Affordable Sales Price for the Affordable Units in this Project.
Affordable housing costs include reasonable costs associated with owning a housing unit. These include:
• Principal and interest payments for the Affordable Unit with a 10% down payment • Private mortgage insurance (if applicable)
• Property taxes and assessments
• Homeowner’s insurance
• A reasonable allowance for utilities
• A reasonable allowance for unit maintenance; and
• Homeowners maintenance association dues (HOA)
The maximum Affordable Sales Price for an Affordable Unit is the total sales price a typical Moderate Income Household (up to 120% of median income), adjusted for the household size appropriate for the unit size, can afford to pay for housing. Accordingly, the Affordable Sales Price for the Affordable Units in this Project will be as set forth below unless the Household income of the Moderate Income Household exceeds 110% of Area Median Income adjusted for household size, in which case the Affordable Sales Price shall be recalculated in accordance with California Health and Safety Code (“HSC”) Section 50052.5 and the actual income of the Homebuyer to calculate the Affordable Sales Price for that Homebuyer. Affordable Sales Price shall be recalculated quarterly and upon annual release of AMI for Orange County by HCD, in accordance with HSC Section 50052.5. Further, the calculation of the Affordable Sales Price will be based on actual unrestricted rate price estimates, the percentage of income allocated to housing pursuant to Health and Safety Code § 50052.5, actual homeowner’s association dues, utility costs (based on similar projects) and a commercially reasonable interest rate at the time the Homebuyer enters into a Residential Purchase Agreement with Developer, or its successor in interest. In the event that the actual interest rate available for the Supportable Mortgage is less than the interest rate set forth herein, Developer may elect to recalculate Affordable Sales Price based on actual interest rate.
The sale price below is based on a target income level established by Health and Safety Code Section 50052.5, not the income of the actual Homebuyer, except in the case of Homebuyers whose income exceeds 110% of area median income. The household size adjustment that is used in determining the income limit for the purpose of setting the maximum Affordable Sales Price is based on the number of bedrooms in the unit, not the size of the specific Homebuyer’s household.
These criteria are based on the California Health and Safety Code and allow the Affordable Sales Price to be set in advance of identifying a specific buyer. The Affordable Sales Price for each City Council 17 – 100 10/20/2026
55394.00101\45398331.2
Affordable Unit is determined by using three-bedroom unit and presumed household size of four and by using four-bedroom unit and presumed household size of five.
City Council 17 – 101 10/20/2026
CODE ANALYSIS A0.3 BUILDING CODE DATA TOWNHOUSE: A SINGLE-FAMILY DWELLING UNIT CONSTRUCTED IN A GROUP OF THREE OR MORE ATTACHED UNITS IN WHICH EACH UNIT EXTENDS FROM FOUNDATION TO ROOF AND WITH A YARD OR PUBLIC WAY ON NOT LESS THAN TWO SIDES. DWELLING UNIT: A SINGLE UNIT PROVIDING COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS, INCLUDING PERMANENT PROVISIONS FOR LIVING, SLEEPING, EATING, COOKING AND SANITATION. 3 STORIES 3 STORIES ALLOWABLE STORIES: [ CRC R1.1.3 ] ACTUAL STORIES: SEPARATIONS: [ CRC R302.2 ] COMMON WALLS SEPARATING TOWNHOUSES - 1-HOUR FIRE RESISTANCE RATED WALL PER ASTM E119 OR UL 263. FIRE RESISTIVE RATING REQUIREMENTS FOR EXTERIOR WALLS BASED ON FIRE SEPARATION DISTANCE: [ TABLE R302.1(2) ] FIRE SEPARATION DISTANCE > 3' SHALL BE ZERO (0) (NON-RATED) FIRE SEPARATION DISTANCE < 3' SHALL BE ONE (1) - (1 HOUR) FIRE SEPARATION DISTANCE > 3' SHALL BE UNLIMITED (NON-RATED) FIRE SEPARATION DISTANCE < 3' SHALL NOT BE ALLOWED MAXIMUM AREA OF EXTERIOR WALL OPENINGS: [ TABLE R302.1(2) ] DEFINITIONS: [ CRC R202 ] FIRE SPRINKLERS: NFPA 13D [ CRC R313.2 ] ACCESSIBILITY: SHALL COMPLY WITH CBC CHAPTER 1102A.3 MULTI-STORY DWELLINGS. TOWNHOUSES OCCUPANCY GROUP: [ CBC 310.4 ] [ CRC R1.1.3 & R1.1.3.1 ] GROUP R-3 / U ACTUAL HEIGHT: ±37'-3" TO TALLEST PART OF BUILDING TYPE OF CONSTRUCTION TYPE V-B 2025 CALIFORNIA RESIDENTIAL CODE 2025 CALIFORNIA BUILDING CODE 2025 CALIFORNIA GREEN BUILDING CODE 2025 CALIFORNIA MECHANICAL CODE 2025 CALIFORNIA PLUMBING CODE 2025 CALIFORNIA ELECTRICAL CODE 2025 CALIFORNIA GREEN BUILDING STANDARDS (CGBSC) 2025 CALIFORNIA ENERGY EFFICIENCY STANDARDS (CEES) LOCAL AGENCY PLANNING CODE LOCAL AGENCY ZONING CODE LOCAL AGENCY CODE AMENDMENTS No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA MARCH 16, 2026 TUAL DESIGN MARCH 17, 2026 City Council 17 – 102 10/20/2026
T O R T O R T O R T O R T O R T O R T O R T O R O R TO R T T R O T R O T R O T R O O R TO R TO R T T O R T O R T O R T O R T O R T O R T O R R O O R T T T O R O R T R O TO R TR O T O R T O R T T R O O R T T R O O R TO R T O R T O R T NEIGHBORHOOD ENTRY E. 4TH STREET N. GOLDEN CIRCLE DR. 8 PLEX BLDG 1 7 PLEX BLDG 2 7 PLEX BLDG 3 9 PLEX BLDG 4 BLDG 5 SETBACK PROPERTY LINE FUTURE VEHICLE AND PEDESTRIAN CONNECTION GATED ENTRY 24' 2' 2'
2'
2' 2'
24' 24' 24' 15' 20' 28' 3'
7'
7' 3' 12' 10'
3'
3' 9'
9'
24' 9' 9' 8'-0"
36'
18' 9 PLEX 3' 30'
26' 21' 27'
10'
13'
12' 0 10 20 40 Scale 1" = 20' ARCHITECTURAL SITE PLAN A0.4 No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA MARCH 17, 2026 ACCESSIBLE ROUTE DESIGNATED ACCESSIBLE FIRST FLOOR UNIT * * * * * City Council 17 – 103 10/20/2026 APRIL 23, 2026 10 20 40
OPEN SPACE EXHIBIT L.2
PUBLICLY ACCESIBLE OPEN SPACE #1
• 75’ L x 21’ W - open 2 sides
COMMON OPEN
SPACE #6
PUBLICLY ACCESIBLE OPEN SPACE #2
• 42’ L x 33’ W - open 2 sides
COMMON / PRIVATE OPEN SPACE
CALCULATIONS
Common Open Space #1
Common Open Space #2
Common Open Space #3
Common Open Space #4
Common Open Space #5
Common Open Space #6
(90 s.f. x 40 units)
Required Common Open Space
Subtotal Common Open Space:
Provided Open Space
Private Decks:
Total:
4,285 s.f.
681 s.f.
253 s.f.
448 s.f.
617 s.f.
421 s.f.
3,388 s.f.
10,093 s.f.
3,600 s.f.
6,705 s.f.
PUBLICLY ACCESSIBLE OPEN SPACE
CALCULATIONS
Public Plaza #1
Public Plaza #2
10% of site area (10% x 67,973 s.f.)
Required Public Open Space
Provided Open Space
Total:
2,070 s.f.
1,140 s.f.
3,210 s.f.
6,797 s.f.
COMMON OPEN
SPACE #5
COMMON OPEN
SPACE #4
COMMON OPEN
SPACE #3
COMMON OPEN
SPACE #2
BLDG 1
BLDG 3
BLDG 4
BLDG 2
BLDG 5
N. GOLDEN CIRCLE DR.
E. FOURTH ST.
OFFICE
COMMON OPEN
SPACE #1
LEGEND
limit of publicly accessible open space
limit of common open space
areas (accessible by residents only)
City Council 17 – 104 10/20/2026
T O R
T O R T O R T O R T O R T O R T O R T O R
R O
T
R O
T
T R O
R T
O
T R O
T R
O
R O
T
O R
T
O R
T
T OT R
O
T R
O
T R
O R T O R T O R T O R
O R
T
O R
T
T O R
O R
T
O R
T
O R
T
O R
T
O R
T
T R O
T R
O
T R O
R T
O
R O
T
R O
T
R O
T
O R
T
STOP
STOP
0 1" = 20'
10 20 40
City Council 17 – 105 10/20/2026
STOP
STOP
T O R
T O R T O R
T O R T O R T O R
T O R T O R
R O
T
R O
T
T R O
R T O
T R O
T R
O
R O
T
O R
T
O R
T
T O
T R
O
T R
O R
T O R T O R
T O R T O R
O R
T
O R
T
T O R
O R
T
O R
T
O R T
O R
T
O R
T
T R O
T R
O
T R O
R T O
R O R O
T
T
R O
T
O R
T
BUILDING 1
BUILDING 2
BUILDING 4
BUILDING 5
BUILDING 3 PARKING PARKING
KS 20' 23' 24' 24' 23'
PROJECT
BOUNDARY
PROJECT BOUNDARY /
PUBLIC R.O.W
PROJECT BOUNDARY /
PUBLIC R.O.W
KB
KB
KB
KB
KB E. FOURTH STREET
N. GOLDEN CIRCLE DRIVE
LIMITS OF
LEVEL ABOVE
LIMITS OF
LEVEL ABOVE
LIMITS OF
LEVEL ABOVE
LIMITS OF
LEVEL ABOVE
LIMITS OF
LEVEL ABOVE
24'
32'
23'
24'
23'
24'
PROJECT
BOUNDARY
ASPEN WOODS - VTTM 19454
PRELIMINARY FIRE ACCESS EXHIBIT
F-1
2030 E. 4TH STREET, SANTA ANA, CA DATE: 10/30/2025
PLANS PREPARED BY:
28506 AIROSO STREET
RANCHO MISSION VIEJO, CA 92679
(949) 240-5911
SHEET
0 GRAPHIC SCALE
1 inch = ft.
20' 40'
20 R=40'
R=20'
20'
PROPOSED FIRE HYDRANT
PROPOSED PAVED ACCESS ROADS SHALL BE DESIGNED
AND MAINTAINED TO SUPPORT AN IMPOSED LOAD OF
94,000 LBS. PER OCFA REQUIREMENTS.
PROPOSED PAINTED RED CURB WITH "FIRE LANE - NO
PARKING" STENCILING PER DETAILS HEREON
PROPOSED FIRE LANE ENTRY SIGN
LEGEND
INDICATES APPROXIMATE LOCATION OF A SUB-KEYED
KNOX KEY SWITCH FOR THE VEHICULAR ACCESS GATE
KS
KB
INDICATES APPROXIMATE LOCATION OF THE
SUB-KEYED KNOX BOX WITH 3-SETS OF ENTRY
DOOR/GATE KEYS FOR THE PEDESTRIAN WALK IN GATE
AT THE PROJECT ENTRY.
INDICATES PROPOSED BUILDING INDICATES EXISTING FIRE HYDRANT
FIRE LANE ENTRY SIGN
VIOLATING VEHICLES
WILL BE CITED
OR TOWED AT
OC SHERIFF (949) 770-6011
CVC 22658(a)
NO PARKING IN AREAS
MARKED AS FIRE LANES
FIRE LANE
NOTICE
CVC 22500.1
OWNER'S EXPENSE
1-3/8" BOLD RED
LETTERING ON
WHITE REFLECTIVE
BACKGROUND
2-3/4" BOLD WHITE
REFLECTIVE
LETTERING ON RED
BACKGROUND
1-3/8" BOLD RED
LETTERING ON
WHITE REFLECTIVE
BACKGROUND
1" RED LETTERING
ON WHITE
REFLECTIVE
BACKGROUND
30"
18"
PHONE NUMBER
TOWING COMPANY 1" RED LETTERING
ON WHITE
REFLECTIVE
BACKGROUND
18"
24"
24"
24"
ROLLED CURB STANDARD CURB
BURY DEPTH SHALL BE A MINIMUM OF 24
INCHES AND REBAR, A CONCRETE FOOTING,
OR ANOTHER METHOD TO PREVENT
REMOVAL OF THE SIGN IS RECOMMENDED.
SIGN SHALL BE MOUNTED FACING THE
DIRECTION OF VEHICULAR TRAVEL.
PEDESTRIAN
AREAS: 7'
ALL OTHER
AREAS: 5'
PEDESTRIAN
AREAS: 7'
ALL OTHER
AREAS: 5'
PROPOSED FIRE LANE ENTRY SIGN
150' MAXIMUM HOSE PULL DISTANCE
FIRE LANE PAINTED RED CURB DETAILS
NOTE: CURBS ALONG ACCESS LANES SHALL BE PAINTED OSHA SAFETY RED OR EQUIVALENT. "FIRE LANE NO PARKING" SHALL BE PAINTED ON TOP OF CURB IN WHITE LETTERING 3 INCHES HIGH AND SHALL BE SPACED 30'-0" ON CENTER OR PORTION THEREOF.
FIRE LANE - NO PARKING
6"
STANDARD CURB
FIRE LANE - NO PARKING
8"
6" ROLLED CURB WEDGE CURB
8" FIRE LANE - NO PARKING
PAINT
RED
PAINT
RED
PAINT RED
SIGNS MAY BE MOUNTED ON EXISTING
POSTS OR BUILDINGS IF CENTERLINE
OF SIGN IS NO MORE THAN 24 INCHES
FROM EDGE OF ROADWAY.
SETBACK
3' PAD
10'
SEE DETAIL
INDICATES GROUND LADDERING ACCESS POINT TO
RESCUE LOCATIONS AT 3RD LEVEL. SEE OCFA LADDER
PLACEMENT DETAIL PROVIDED HEREON FOR
SETBACKS AND NOTES.
INDICATES FIRE APPARATUS TURNING RADII:
20' WIDE PATH WITH 20' INSIDE AND 40' OUTSIDE
OCFA GROUND LADDERING REQUIREMENTS
City Council 17 – 106 10/20/2026
T O R T O T R O T R O T R O T R O T R O T R O R 169'-2" 37'-0" PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3X PLAN 3X PLAN 3X PLAN 3X PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 FIRST FLOOR SECOND FLOOR 63'-0"
37'-0" 24'-0"
39'-0"
63'-0"
39'-0" 24'-0" 2'-0"
39'-0"
2'-0" 169'-2" No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA 0 4 8 16 Scale 1" = 8' MARCH 16, 2026 TUAL DESIGN BUILDING PLANS - BUILDING 1 A2.0 MARCH 17, 2026 City Council 17 – 107 10/20/2026
PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 THIRD FLOOR 39'-0"
61'-0"
39'-0" 22'-0" 169'-2" No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA 0 4 8 16 Scale 1" = 8' MARCH 16, 2026 TUAL DESIGN BUILDING PLANS - BUILDING 1 A2.1 MARCH 17, 2026 City Council 17 – 108 10/20/2026
148'-0"
37'-0" PLAN 3X PLAN 3X PLAN 3X PLAN 3X PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 FIRST FLOOR T O T R O T R O T R O R T O R 5" STEP 10" STEP T O R T O R SECOND FLOOR 148'-0"39'-0" 39'-0"
2'-0" No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA 0 4 8 16 Scale 1" = 8' MARCH 16, 2026 TUAL DESIGN BUILDING PLANS - BUILDING 2 A2.2 MARCH 17, 2026 City Council 17 – 109 10/20/2026
PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 THIRD FLOOR 148'-0" 39'-0" No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA 0 4 8 16 Scale 1" = 8' MARCH 16, 2026 TUAL DESIGN BUILDING PLANS - BUILDING 2 A2.3 MARCH 17, 2026 City Council 17 – 110 10/20/2026
148'-0"
38'-0" PLAN 3 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 3 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 4 FIRST FLOOR SECOND FLOOR R O TO R T T O R O R TR O TO R TR O T1'-0" 148'-0"39'-0" 70'-0"
37'-0" 31'-0"
70'-0"
39'-0" 31'-0" 2'-0"
39'-0" No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA 0 4 8 16 Scale 1" = 8' MARCH 16, 2026 TUAL DESIGN BUILDING PLANS - BUILDING 3 A2.4 MARCH 17, 2026 City Council 17 – 111 10/20/2026
PLAN 3 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 4 THIRD FLOOR 148'-0" 39'-0"
70'-0"
39'-0" 31'-0" No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA 0 4 8 16 Scale 1" = 8' MARCH 16, 2026 TUAL DESIGN BUILDING PLANS - BUILDING 3 A2.5 MARCH 17, 2026 City Council 17 – 112 10/20/2026
166'-4"
46'-2" PLAN 1 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 1 PLAN 2 PLAN 2 PLAN 1 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 1 PLAN 2 PLAN 2 FIRST FLOOR SECOND FLOOR O R TO R T T R O T R O T R O O R T O R TR O T 4" STEP 4" STEP 8" STEP R O T 2'-0" 162'-4" 2'-0" 42'-2" 3'-0" 166'-4"
46'-2"
1'-0" No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA 0 4 8 16 Scale 1" = 8' MARCH 16, 2026 TUAL DESIGN BUILDING PLANS - BUILDING 4 A2.6 MARCH 17, 2026 City Council 17 – 113 10/20/2026
PLAN 1 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 1 PLAN 2 PLAN 2 THIRD FLOOR 166'-4" 46'-2" No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA 0 4 8 16 Scale 1" = 8' MARCH 16, 2026 TUAL DESIGN BUILDING PLANS - BUILDING 4 A2.7 MARCH 17, 2026 City Council 17 – 114 10/20/2026
O R T T R O T R O T R O O R T R O T 8" STEP 4" STEP 4" STEP R O TR O TO R T 166'-4" 47'-8" PLAN 1 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 1 PLAN 2 PLAN 2 PLAN 1 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 1 PLAN 2 PLAN 2 FIRST FLOOR SECOND FLOOR 2'-0" 162'-4" 2'-0" 42'-2" 3'-0" 166'-4"
46'-2"
2'-6" No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA 0 4 8 16 Scale 1" = 8' MARCH 16, 2026 TUAL DESIGN BUILDING PLANS - BUILDING 5 A2.8 MARCH 17, 2026 City Council 17 – 115 10/20/2026
PLAN 1 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 1 PLAN 2 PLAN 2 THIRD FLOOR 166'-4" 46'-2" No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA 0 4 8 16 Scale 1" = 8' MARCH 16, 2026 TUAL DESIGN BUILDING PLANS - BUILDING 5 A2.9 MARCH 17, 2026 City Council 17 – 116 10/20/2026
T R O GARAGE CLEARANCE 20' WIDE X 20' DEEP
GARAGE CLEARANCE 20' WIDE X 20' DEEP T R OPLAN 2 2 BED, 2.5 BATH FIRST FLOOR GROSS 122 SQ. FT. SECOND FLOOR GROSS 573 SQ. FT. THIRD FLOOR GROSS 602 SQ. FT. TOTAL LIVING GROSS 1298 SQ. FT. GARAGE GROSS 479 SQ. FT. DECK 87 SQ. FT. PLAN 1 2 BED, 2.5 BATH FIRST FLOOR GROSS 108 SQ. FT. SECOND FLOOR GROSS 554 SQ. FT. THIRD FLOOR GROSS 549 SQ. FT. TOTAL LIVING GROSS 1211 SQ. FT. GARAGE GROSS 504 SQ. FT. DECK 68 SQ. FT.
PLAN 2 PLAN 1
42'-2" 3'-0" 27'-2" 3'-0"
1'-0"
PLAN 2 PLAN 1
PLAN 2 PLAN 1 30'-2"
46'-2" 30'-2"
46'-2" 30'-2"
46'-2" W.H.ENTRY 8 0 CLG.UP GARAGE 20'-1" x 20'-3" 8 0 CLG. GARAGE 20'-1 1/2" x 20'-3" 8 0 CLG. W.H. ENTRY 8 0 CLG. UP KITCHEN 14'-8 1/2" x 14'-3" 9 0 CLG. LIVING 14'-10" x 12'-7" 9 0 CLG. PANTRY PDR. 9 0 CLG. DECK 12'-5" x 7'-0" 9 0 CLG. DN UP DN UP DECK 6'-0" x 11'-4" 9 0 CLG. KITCHEN 9 0 CLG. GREAT ROOM 22'-5" x 12'-10 1/2" 9 0 CLG. PDR. 9 0 CLG. LAU. 9 0 CLG. COATS PRIMARY BATH 9 0 CLG. PRIMARY BR. 13'-10" x 11'-4" 9 0 CLG. BR. 2 11'-8" x 10'-2" 9 0 CLG. BA. 2 9 0 CLG. W.I.C 9 0 CLG.
LINENDN THIRD FLOOR SECOND FLOOR FIRST FLOOR DN W.I.C 9 0 CLG. BA. 2 9 0 CLG. LAU. 9 0 CLG. PRIMARY BATH 9 0 CLG. PRIMARY BR. 12'-6" x 14'-0" 9 0 CLG. BR. 2 12'-3" x 10'-9" 9 0 CLG. CEILING MOUNTED BICYCLE STORAGE CEILING MOUNTED BICYCLE STORAGE No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA MARCH 16, 2026 PLAN 1 & PLAN 2 FLOOR PLANS A3.0 0 2 4 8 Scale 1" = 4' TUAL DESIGN MARCH 17, 2026 City Council 17 – 117 10/20/2026
GARAGE CLEARANCE 20' WIDE X 20' DEEP T O R THIRD FLOOR SECOND FLOOR FIRST FLOOR PLAN 3 3 BED, 2.5 BATH FIRST FLOOR GROSS 252 SQ. FT. SECOND FLOOR GROSS 727 SQ. FT. THIRD FLOOR GROSS 743 SQ. FT. TOTAL LIVING GROSS 1722 SQ. FT. GARAGE 473 SQ. FT. DECK 88 SQ. FT. PORCH 75 SQ. FT. 37'-0" 21'-0" 21'-0"
39'-0" 21'-0"
39'-0" W.H. PDR. 9 0 CLG. ENTRY 8 0 CLG. PANTRY W.I.C 9 0 CLG. DEN 12'-9" x 9'-8" 8 0 CLG. UP PRIMARY BATH 9 0 CLG. PRIMARY BR. 12'-4" x 12'-3" 9 0 CLG. BR. 2 9'-10" x 10'-1 1/2" 9 0 CLG. BR. 3 10'-3" x 9'-10 1/2" 9 0 CLG. BA. 2 9 0 CLG. LAU. 9 0 CLG. LIVING 15'-8" x 15'-7" 9 0 CLG. DINING 10'-11" x 9'-3 1/2" 9 0 CLG. KITCHEN 9 0 CLG. LINEN 2'-0" DECK 12'-4" x 6'-6" 9 0 CLG. PORCH 12'-4" x 5'-6" 9 0 CLG.GARAGE 20'-5" x 20'-2" 8 0 CLG. UPDN DN LINEN CEILING MOUNTED BICYCLE STORAGE No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA MARCH 16, 2026 PLAN 3 FLOOR PLANS A3.1 0 2 4 8 Scale 1" = 4' TUAL DESIGN MARCH 17, 2026 City Council 17 – 118 10/20/2026
GARAGE CLEARANCE 20' WIDE X 20' DEEP T O R GARAGE CLEARANCE 20' WIDE X 20' DEEP T O R GARAGE CLEARANCE 20' WIDE X 20' DEEP T O R 37'-0" 21'-0" W.H. ENTRY 8 0 CLG. FLEX 12'-9" x 9'-8" 8 0 CLG. UP2'-0" PORCH 12'-4" x 5'-6" 9 0 CLG.GARAGE 20'-5" x 20'-2" 8 0 CLG. 37'-0" 21'-0" W.H. ENTRY 8 0 CLG. FLEX 12'-9" x 9'-8" 8 0 CLG. UP2'-0" PORCH 12'-4" x 5'-6" 9 0 CLG.GARAGE 20'-5" x 20'-2" 8 0 CLG. 37'-0" 21'-0" W.H. ENTRY 8 0 CLG. DEN 12'-9" x 9'-8" 8 0 CLG. UP2'-0" PORCH 12'-4" x 5'-6" 9 0 CLG.GARAGE 20'-5" x 20'-2" 8 0 CLG. PLAN 3X FIRST FLOOR PLAN 3B FIRST FLOOR PLAN 3BX FIRST FLOOR CEILING MOUNTED BICYCLE STORAGE CEILING MOUNTED BICYCLE STORAGE CEILING MOUNTED BICYCLE STORAGE PLAN 3 3 BED, 2.5 BATH FIRST FLOOR GROSS 252 SQ. FT. SECOND FLOOR GROSS 727 SQ. FT. THIRD FLOOR GROSS 743 SQ. FT. TOTAL LIVING GROSS 1722 SQ. FT. GARAGE 473 SQ. FT. DECK 88 SQ. FT. PORCH 75 SQ. FT. No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA MARCH 16, 2026 PLAN 3 FLOOR PLANS A3.2 0 2 4 8 Scale 1" = 4' TUAL DESIGN MARCH 17, 2026 City Council 17 – 119 10/20/2026
GARAGE CLEARANCE 20' WIDE X 20' DEEP O R T THIRD FLOOR SECOND FLOOR FIRST FLOOR W.H. ENTRY 8 0 CLG. UP PRIMARY BATH 9 0 CLG. KITCHEN 9 0 CLG. GARAGE 20'-5" x 20'-6" 8 0 CLG. PLAN 4 4 BED, 3.5 BATH FIRST FLOOR GROSS 329 SQ. FT. SECOND FLOOR GROSS 722 SQ. FT. THIRD FLOOR GROSS 746 SQ. FT. TOTAL LIVING GROSS 1798 SQ. FT. GARAGE GROSS 480 SQ. FT. DECK 85 SQ. FT. 38'-0" 21'-0" 21'-0"
39'-0" 21'-0"
1'-0"
39'-0" BR. 4 10'-5" x 11'-0" 9 0 CLG. BA. 2 9 0 CLG. BA. 3 9 0 CLG. PANTRY 9 0 CLG. GREAT ROOM 14'-0" x 21'-6" 9 0 CLG. UP DN DN PDR. 9 0 DECK CLG. 12'-9" x 5'-9" 9 0 CLG. W.I.C 9 0 CLG. LAU. 9 0 CLG. PRIMARY BR. 12'-8 1/2" x 13'-10 1/2" 9 0 CLG. BR. 2 10'-9" x 11'-4" 9 0 CLG. BR. 3 9'-4" x 11'-4" 9 0 CLG.
LINEN CEILING MOUNTED BICYCLE STORAGE No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA MARCH 16, 2026 PLAN 4 FLOOR PLANS A3.3 0 2 4 8 Scale 1" = 4' TUAL DESIGN MARCH 17, 2026 City Council 17 – 120 10/20/2026
ACCESSIBLE FIRST FLOOR W.H. ENTRY 8 0 CLG. UP GARAGE 20'-5" x 20'-6" 8 0 CLG. 38'-0" 21'-0"1'-0" BR. 4 10'-5" x 10'-2" 9 0 CLG. BA. 3 9 0 CLG. GARAGE CLEARANCE 20' WIDE X 20' DEEP O R T PLAN 4 4 BED, 3.5 BATH FIRST FLOOR GROSS 329 SQ. FT. SECOND FLOOR GROSS 722 SQ. FT. THIRD FLOOR GROSS 746 SQ. FT. TOTAL LIVING GROSS 1798 SQ. FT. GARAGE GROSS 480 SQ. FT. DECK 85 SQ. FT. CEILING MOUNTED BICYCLE STORAGE No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA MARCH 16, 2026 PLAN 4 FLOOR PLANS A3.3 0 2 4 8 Scale 1" = 4' ACCESSIBLE FIRST FLOOR TUAL DESIGN MARCH 17, 2026 City Council 17 – 121 10/20/2026
FRONT PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3X PLAN 3X PLAN 3X PLAN 3X Level 3 Level 2 Level 1 T O T R O T R O T R O T R O T R O T R O R 1'-0"
6'-0"
6'-0"
6'-0"
6'-0"
6'-0"
6'-0"
1'-0"
1'-0"
1'-0"
6'-0"
24'-0"
30'-0"
25'-0"
6"
2'-0"
7'-0"
2'-0"
7'-0"
2'-0"
7'-0"
2'-0"
7'-0"
2'-0"
7'-0"
2'-0"
7'-0"
2'-0"
7'-0"
24'-6"
31'-0"
6"
6"
6"
24'-0"
26'-0"
2'-0"
2'-0"
2'-0"
2'-0"
2'-0"
24'-6"
26'-0"
6"
6"
6"
6" No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA 0 4 8 16 Scale 1" = 8' MARCH 16, 2026 OFFSET ANALYSIS - BUILDING 1 A4.0 -6" 0" 0" 0" 0" -24'-0" -1'-0" -1'-0" -1'-0" -1'-0" -1'-0" -6'-0" -6'-0" -6'-0" -6'-0" -6'-0" -6'-0" -6'-0" -30'-0" -6" -6" -6" -24'-6" -26'-0" -31'-0" -26'-0" -2'-0" -7'-0" -2'-0" -7'-0" -7'-0" -2'-0" -2'-0" -2'-0" -7'-0" -7'-0" -7'-0" -7'-0" -24'-6" TUAL DESIGN MARCH 17, 2026 City Council 17 – 122 10/20/2026
FRONT PLAN 3X PLAN 3X PLAN 3X PLAN 3X Level 3 Level 2 Level 1 PLAN 3 PLAN 3 PLAN 3 T O T R O T R O T R O R T O R T O R T O R 6'-0"
6'-0"
1'-0"
6'-0"
1'-0"
6'-0"
1'-0"
6'-0"
1'-0"
6'-0"
6'-0"
1'-0"
2'-0"
7'-0"
2'-0"
7'-0"
2'-0"
7'-0"
2'-0"
7'-0"
2'-0"
7'-0"
2'-0"
7'-0"
2'-0"
7'-0"
6"
6"
6"
6"
6"
6"
2'-0"
2'-0"
2'-0"
2'-0"
2'-0"
2'-0"
6"
6"
6"
6" No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA 0 4 8 16 Scale 1" = 8' MARCH 16, 2026 OFFSET ANALYSIS - BUILDING 2 A4.1 0" 0" 0" 0" 0" -6'-0" -6'-0" -6'-0" -6'-0" -6'-0" -6'-0" -6'-0" -1'-0" -1'-0" -1'-0" -1'-0" -1'-0" -1'-0" -6" -6" -6" -6" -6" -7'-0" -7'-0" -7'-0" -7'-0" -2'-0" -2'-0" -2'-0" -2'-0" -2'-0" -2'-0" -7'-0" -7'-0" -7'-0" TUAL DESIGN MARCH 17, 2026 City Council 17 – 123 10/20/2026
FRONT PLAN 3 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 4 PLAN 4 R O TO R T O R TR O TO R TR O T 32'-0"
37'-0"
31'-0"
1'-6"
1'-6"
1'-6"
23'-6"
31'-6"
38'-0"
31'-0"
6'-6"
1'-6"
6'-6"
6'-6"
6'-6"
6'-6"
6'-6"
1'-6"
1'-6"
31'-6"
33'-0"
1'-6"
1'-6"
1'-6" No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA 0 4 8 16 Scale 1" = 8' MARCH 16, 2026 OFFSET ANALYSIS - BUILDING 3 A4.2 -31'-0" Level 3 Level 2 Level 1 -32'-0" -37'-0" 0" 0" 0" 0" -1'-6" -1'-6" -1'-6" -6'-6" -6'-6" -6'-6" -6'-6" -6'-6" -6'-6" -33'-0" -31'-6" -38'-0" TUAL DESIGN MARCH 17, 2026 City Council 17 – 124 10/20/2026
8'-1" 9'-1" 9'-1"
29'-6"
30'-0" MAX EAVE HEIGHT
±35'-7" 3:12 3:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12 3:12 3:12 3:12 3:12 3:12 3:12
4:12 No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA 0 4 8 16 Scale 1" = 8' MARCH 16, 2026 EXTERIOR ELEVATIONS - BUILDING 1 A1.0 RIGHT ELEVATION REAR ELEVATION ROOF PLAN SCALE 1"=16' LEFT ELEVATION FRONT ELEVATION 1 MATERIAL LEGEND CONCRETE FLAT TILE ROOF STUCCO COMPOSITE SIDING COMPOSITE TRIM 1234 FOAM TRIM METAL RAILING METAL SECTIONAL GARAGE DOOR VINYL WINDOWS 5678 ENTRY DOOR LIGHT FIXTURE BRICK VENEER AWNING 9101112 LOW WALL AND GATE STOREFRONT WINDOWS 1314 4 8 3 5 2 11 6 9 10 12 14 13 7 TUAL DESIGN MARCH 17, 2026 City Council 17 – 125 10/20/2026
8'-1" 9'-1" 9'-1"
29'-6"
30'-0" MAX EAVE HEIGHT
±37'-3"
8'-1" 9'-1" 9'-1"
29'-6"
30'-0" MAX EAVE HEIGHT
29'-6"
30'-0" MAX EAVE HEIGHT
29'-6"
30'-0" MAX EAVE HEIGHT
4:12
4:12
4:12
4:12 3:12 3:12 3:12 3:12 3:12 3:12
4:12
4:12 3:12 3:12
4:12 3:12 3:12
4:12 No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA 0 4 8 16 Scale 1" = 8' MARCH 16, 2026 EXTERIOR ELEVATIONS - BUILDING 2 A1.1 LEFT ELEVATION FRONT ELEVATION RIGHT ELEVATION REAR ELEVATION ROOF PLAN SCALE 1"=16' 1 MATERIAL LEGEND CONCRETE FLAT TILE ROOF STUCCO COMPOSITE SIDING COMPOSITE TRIM 1234 FOAM TRIM METAL RAILING METAL SECTIONAL GARAGE DOOR VINYL WINDOWS 5678 ENTRY DOOR LIGHT FIXTURE BRICK VENEER AWNING 9101112 LOW WALL AND GATE STOREFRONT WINDOWS 1314 2 5 12 9 3 4 10 8 6 11 7 14 13 TUAL DESIGN MARCH 17, 2026 City Council 17 – 126 10/20/2026
8'-1" 9'-1" 9'-1"
±35'-7"
29'-6"
30'-0" MAX EAVE HEIGHT
4:12
4:12
4:12
4:12 3:12 3:12 3:12 3:12
4:12
4:12
4:12
4:12 3:12 3:12
4:12 4:12 No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA 0 4 8 16 Scale 1" = 8' MARCH 16, 2026 EXTERIOR ELEVATIONS - BUILDING 3 A1.2 LEFT ELEVATION FRONT ELEVATION RIGHT ELEVATION REAR ELEVATION ROOF PLAN SCALE 1"=16' 1 MATERIAL LEGEND CONCRETE FLAT TILE ROOF STUCCO COMPOSITE SIDING COMPOSITE TRIM 1234 FOAM TRIM METAL RAILING METAL SECTIONAL GARAGE DOOR VINYL WINDOWS 5678 ENTRY DOOR LIGHT FIXTURE BRICK VENEER AWNING 9101112 LOW WALL AND GATE STOREFRONT WINDOWS 1314 2 3 4 5 6 7 13 8 12 9 10 11 TUAL DESIGN MARCH 17, 2026 City Council 17 – 127 10/20/2026
8'-1" 9'-1" 9'-1"
±36'-0"
29'-6"
30'-0" MAX EAVE HEIGHT
29'-6"
30'-0" MAX EAVE HEIGHT
29'-6"
30'-0" MAX EAVE HEIGHT
29'-6"
30'-0" MAX EAVE HEIGHT 4:12 4:12
4:12
4:12
4:12
4:12
4:12
4:12 4:12 4:12
4:12 3:12 3:12 3:12 3:12 3:12 3:12 3:12 3:12 3:12 3:12 4:12 No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA 0 4 8 16 Scale 1" = 8' MARCH 16, 2026 EXTERIOR ELEVATIONS - BUILDING 4 A1.3 LEFT ELEVATION FRONT ELEVATION RIGHT ELEVATION REAR ELEVATION ROOF PLAN SCALE 1"=16' 1 MATERIAL LEGEND CONCRETE FLAT TILE ROOF STUCCO COMPOSITE SIDING COMPOSITE TRIM 1234 FOAM TRIM METAL RAILING METAL SECTIONAL GARAGE DOOR VINYL WINDOWS 5678 4 5 3 6 2 7 8 11 10 9 ENTRY DOOR LIGHT FIXTURE BRICK VENEER 91011 TUAL DESIGN MARCH 17, 2026 City Council 17 – 128 10/20/2026
8'-1" 9'-1" 9'-1"
±36'-0"
29'-6"
30'-0" MAX EAVE HEIGHT
29'-6"
30'-0" MAX EAVE HEIGHT
29'-6"
30'-0" MAX EAVE HEIGHT
29'-6"
30'-0" MAX EAVE HEIGHT 4:12 4:12
4:12
4:12
4:12
4:12
4:12
4:12 4:12 4:12
4:12 3:12 3:12 3:12 3:12 3:12 3:12 3:12 3:12 3:12 3:12 4:12 No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA 0 4 8 16 Scale 1" = 8' MARCH 16, 2026 EXTERIOR ELEVATIONS - BUILDING 5 A1.4 LEFT ELEVATION FRONT ELEVATION RIGHT ELEVATION REAR ELEVATION ROOF PLAN SCALE 1"=16' 1 MATERIAL LEGEND CONCRETE FLAT TILE ROOF STUCCO COMPOSITE SIDING COMPOSITE TRIM 1234 FOAM TRIM METAL RAILING METAL SECTIONAL GARAGE DOOR VINYL WINDOWS 5678 2 6 3 5 4 7 9 10 11 8 ENTRY DOOR LIGHT FIXTURE BRICK VENEER 91011 TUAL DESIGN MARCH 17, 2026 City Council 17 – 129 10/20/2026
ENTRY GARAGE LIVING ROOM POWDER DINING ROOM PRIMARY BATH LAU CLOSET BEDROOM 2 ATTIC 8'-1" 9'-1" 9'-1" TOP OF PLATE FINISH FLOOR FINISH FLOOR FINISH FLOOR TOP OF PLATE TOP OF PLATE 9'-4"
FLOOR TO FLOOR
10'-4"
FLOOR TO FLOOR - - - - - - - - T O R T O R T O R - - - - No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA MARCH 16, 2026 TYPICAL BUILDING SECTION LEVEL 1 SCALE : 1" = 8' 0 2 4 8 Scale 1" = 4' TYPICAL BUILDING SECTION A5.0 LEVEL 2 SCALE : 1" = 8' LEVEL 3 SCALE : 1" = 8' TUAL DESIGN MARCH 17, 2026 City Council 17 – 130 10/20/2026
No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA NTS MARCH 16, 2026 TUAL DESIGN PERSPECTIVES A0.1 MARCH 17, 2026 City Council 17 – 131 10/20/2026
No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA NTS MARCH 16, 2026 TUAL DESIGN PERSPECTIVES A0.2 MARCH 17, 2026 City Council 17 – 132 10/20/2026
COLOR AND MATERIALS A6.0 No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA APRIL 10, 2026 LIGHTING VADO COLLECTION MEDIUM ONE LIGHT OUTDOOR WALL LANTERN 8631101EN7-12 OR SIMILAR THEME POLE LIGHT AT DRIVES LIGMAN / VEKTER - UVK-900 OR SIMILAR BOLLARD LIGMAN / TAURAS - UTU-X01 OR SIMILAR SCONCE LIGMAN / JET CYLINDRICAL - UJE-30393 OR SIMILAR WALL PACK LIGMAN / LEGEND 4 - ULE-40621 OR SIMILAR SITE LIGHTING City Council 17 – 133 10/20/2026 APRIL 23, 2026
CONCEPTUAL LANDSCAPE PLAN
10 20 40
L.1
PROJECT ENTRY • matching height
palms
• call box • vehicular gate • pedestrian gate • enhanced wall • enhanced paving FUTURE
CONNECTION
36’ I.O.D.
6’ HT. MASONRY
WALL • see sheet L.4
LINE OF SIGHT • shrubs maintained
to 30” high max.
RESIDENT GATE
STREET TREE IN
TREE WELL
MONUMENT SIGN
FIRE ACCESS AND
MAINTENANCE GATE
COMMON OPEN
SPACE • shade trees • accent planting • enhanced
paving “carpets”
STREET TREE NOTE • street trees to be
installed as 24” box size
per the city standards
and approved plan, as
needed
• street trees to be 30’
o.c. along the project
frontage, including
deep root irrigation
systems, per city
standard
LANDSCAPE PLANS ARE COMPLIANT WITH THE
METRO EAST MIXED-USE (MEMU) OVERLAY
DISTRICT-VILLAGE CENTER DISTRICT
PUBLICLY ACCESSIBLE
OPEN SPACE #1 • picnic tables • shade tree • accent planting • perimeter fencing • open to public (8am - dusk)
RESIDENT GATE
STREET TREE
WITH PARKWAY PUBLICLY
ACCESSIBLE OPEN
SPACE #2 • bench seating • shade tree • accent planting • perimeter fencing • open to public (8am-dusk)
BLDG 1
BLDG 3
BLDG 4
BLDG 2
BLDG 5
N. GOLDEN CIRCLE DR.
E. FOURTH ST.
OFFICE
City Council 17 – 134 10/20/2026
APRIL 23, 2026 10 20 40
TREE PLAN L.3
SYMBOL BOTANICAL / COMMON NAME SIZE WUCOLS
TREES
ARBUTUS X `MARINA`
MARINA STRAWBERRY TREE MULTI-TRUNK 36"BOX MODERATE
ARCHONTOPHOENIX CUNNINGHAMIANA
KING PALM MULTI-TRUNK 36"BOX MODERATE
CHAMAEROPS HUMILIS
MEDITERRANEAN FAN PALM 36"BOX MODERATE
DRACAENA DRACO
DRAGON TREE 36"BOX LOW
FURCRAEA FOETIDA 'MEDIOPICTA'
MAURITIUS HEMP 24"BOX
OLEA EUROPAEA `SWAN HILL`
FRUITLESS OLIVE
MULTI-TRUNK
36"BOX MODERATE
PHOENIX DACTYLIFERA 'MEDJOOL'
MEDJOOL DATE PALM 16` B.T.H. LOW
QUERCUS AGRIFOLIA
COAST LIVE OAK MULTI-TRUNK
MULTI-TRUNK
48"BOX LOW
TRACHYCARPUS FORTUNEI
WINDMILL PALM 24"BOX
TRISTANIA CONFERTA
BRISBANE BOX
LOW BRANCHING
36"BOX MODERATE
ULMUS PARVIFOLIA 'TRUE GREEN'
TRUE GREEN LACEBARK ELM 36"BOX MODERATE
STREET TREE
KOELREUTERIA BIPINNATA
CHINESE FLAME TREE
- GOLDEN CIRCLE DRIVE STREET TREE
- 30' O.C.
24"BOX MODERATE
PINUS CANARIENSIS
CANARY ISLAND PINE
- 4TH ST. STREET TREE
- 30' O.C.
24"BOX MODERATE
ACCENT
ALOE BARBERAE
TREE ALOE 24"BOX LOW
ALOE X 'HERCULES'
HERCULES ALOE 24"BOX LOW
ELAEOCARPUS DECIPIENS TM
JAPANESE BLUEBERRY TREE - COLUMN 24"BOX MODERATE
PODOCARPUS ELONGATUS 'MONMAL'
ICEE BLUE® YELLOW WOOD 24"BOX MODERATE
PODOCARPUS GRACILIOR 'COLUMN'
FERN PINE - HEDGE 15 GAL. MODERATE
PRUNUS CAROLINIANA 'MONUS'
BRIGHT 'N TIGHT CAROLINA CHERRY LAUREL 24"BOX MODERATE
PROPOSED TREE & PALM LIST
STREET TREES TO BE INSTALLED AS 24" BOX SIZE PER THE CITY STANDARDS AND APPROVED
PLAN, AS NEEDED
STREET TREES TO BE 30' O.C. ALONG THE PROJECT FRONTAGE, INCLUDING DEEP ROOT
IRRIGATION SYSTEMS, PER CITY STANDARDS
STREET TREE NOTE:
FOR PLANTING NOTES, SEE SHEET L.3
PLANTING NOTES:
ASPEN WOODS
C&C
SANTA ANA, CA
10.22.25 NORTH
0 8' 16' 32'
SCALE: 1/16" = 1'-0"
BLDG 1
BLDG 3
BLDG 4
BLDG 2
BLDG 5
N. GOLDEN CIRCLE DR.
E. FOURTH ST.
OFFICE
City Council 17 – 135 10/20/2026
APRIL 23, 2026
PLANT PALETTE AND NOTES L.4
SYMBOL BOTANICAL / COMMON NAME SIZE WUCOLS
TREES
ARBUTUS X `MARINA`
MARINA STRAWBERRY TREE MULTI-TRUNK 36"BOX MODERATE
ARCHONTOPHOENIX CUNNINGHAMIANA
KING PALM MULTI-TRUNK 36"BOX MODERATE
CHAMAEROPS HUMILIS
MEDITERRANEAN FAN PALM 36"BOX MODERATE
DRACAENA DRACO
DRAGON TREE 36"BOX LOW
FURCRAEA FOETIDA 'MEDIOPICTA'
MAURITIUS HEMP 24"BOX
OLEA EUROPAEA `SWAN HILL`
FRUITLESS OLIVE
MULTI-TRUNK
36"BOX MODERATE
PHOENIX DACTYLIFERA 'MEDJOOL'
MEDJOOL DATE PALM 16` B.T.H. LOW
QUERCUS AGRIFOLIA
COAST LIVE OAK MULTI-TRUNK
MULTI-TRUNK
48"BOX LOW
TRACHYCARPUS FORTUNEI
WINDMILL PALM 24"BOX
TRISTANIA CONFERTA
BRISBANE BOX
LOW BRANCHING
36"BOX MODERATE
ULMUS PARVIFOLIA 'TRUE GREEN'
TRUE GREEN LACEBARK ELM 36"BOX MODERATE
STREET TREE
KOELREUTERIA BIPINNATA
CHINESE FLAME TREE
- GOLDEN CIRCLE DRIVE STREET TREE
- 30' O.C.
24"BOX MODERATE
PINUS CANARIENSIS
CANARY ISLAND PINE
- 4TH ST. STREET TREE
- 30' O.C.
24"BOX MODERATE
ACCENT
ALOE BARBERAE
TREE ALOE 24"BOX LOW
ALOE X 'HERCULES'
HERCULES ALOE 24"BOX LOW
ELAEOCARPUS DECIPIENS TM
JAPANESE BLUEBERRY TREE - COLUMN 24"BOX MODERATE
PODOCARPUS ELONGATUS 'MONMAL'
ICEE BLUE® YELLOW WOOD 24"BOX MODERATE
PODOCARPUS GRACILIOR 'COLUMN'
FERN PINE - HEDGE 15 GAL. MODERATE
PRUNUS CAROLINIANA 'MONUS'
BRIGHT 'N TIGHT CAROLINA CHERRY LAUREL 24"BOX MODERATE
PROPOSED TREE & PALM LIST
STREET TREES TO BE INSTALLED AS 24" BOX SIZE PER THE CITY STANDARDS AND APPROVED
PLAN, AS NEEDED
STREET TREES TO BE 30' O.C. ALONG THE PROJECT FRONTAGE, INCLUDING DEEP ROOT
IRRIGATION SYSTEMS, PER CITY STANDARDS
STREET TREE NOTE:
1. ALL PLANTS ARE CAL-IPC NON-INVASIVE AND WUCOLS MEDIUM/LOW WATER CONSUMPTION (REGION3 -SOUTH COASTAL) VARIETIES FOR THEIR PROPOSED GROWING CONDITIONS. THESE PLANTS ARE WATER
CONSERVING AND USED FOR THEIR DEEP ROOT SYSTEMS WHICH STABILIZES SOIL AND MINIMIZES EROSION IMPACTS.
2. ALL PLANT MATERIALS SHALL BE INSTALLED INA HEALTHY VIGOROUS
CONDITION TYPICAL TO THE SPECIES AND SHALL BE MAINTAINED IN A NEAT AND HEALTHY CONDITION. MAINTENANCE INCLUDES, BUT IS NOT LIMITED
TO, TRIMMING, WEEDING, REMOVAL OF LITTER, FERTILIZING, REGULAR WATERING, AND REPLACEMENT OF DISEASED OR DEAD PLANTS.
3. ROOT BARRIERS SHALL BE INSTALLED AS NEEDED IN AREAS WHERE TREES ARE PLANTED IN CLOSE PROXIMITY TO HARDSCAPE AND/OR STRUCTURES.
LANDSCAPING NOTES:
SCREEN HEDGE
LAURUS NOBLIS ' LITTLE RAGU
LITTLE RAGU DWARF BAY 15 GAL LOW
HEDGE AT BACKFLOW PREVENTOR
ARBUTUS UNEDO 'COMPACTA'
DWARF STRAWBERRY TREE 5 GAL LOW
SHRUBS (MIN 36" O.C.)
GREVILLEA X `PEACHES AND CREAM`
GREVILLEA 5 GAL LOW
OLEA EUROPAEA 'LITTLE OLLIE'
LITTLE OLLOE DWARF OLIVE 5 GAL LOW
ACCENTS/SUCCULENTS (36" O.C.)
AGAVE ATTENUATA
FOXTAIL AGAVE
AGAVE ATTENUATA `RAY OF LIGHT`
FOXTAIL AGAVE
AGAVE X `BLUE FLAME`
BLUE FLAME AGAVE
AGAVE ATTENUATA 'NOVA'
CENTURY PLANT
ROSMARINUS OFFICINALIS
'COLLINGWOOD INGRAM'
ROSEMARY
MEDIUM GRASSES - 36" HEIGHT (36" O.C.)
CHONDROPETALUM TECTORUM
CAPE RUSH
DIANELLA TASMANICA `VARIEGATA`
FLAX LILY
LEYMUS C. `CANYON PRINCE`
CANYON PRINCE GIANT WILD RYE
LOMANDRA L. PLATINUM BEAUTY
PLATINUM BEAUTY
LOW GRASSES - 24" HEIGHT (24" O.C.)
DIANELLA REVOLUTA `LITTLE REV`
LITTLE REV FLAX LILY
LOMANDRA LONGIFOLIA `BREEZE`
MAT RUSH
JUNCUS PATENS
CALIFORNIA RUSH
SESLERIA X `CAMPO AZUL`
CAMPO AZUL MOOR GRASS
CALAMAGROSTIS 'KARL FOERSTER'
FEATHER REED GRASS
CAREX PANSA
CALIFORNIA MEADOW SEDGE
WESTRINGIA F. `WYNABBIE GEM`
WYNABBIE GEM COAST ROSEMARY
ROSMARINUS OFFICINALIS
'PROSTRATUS'
CREEPING ROSEMARY
SALVIA x 'ALLEN CHICKERING'
CLEVELAND SAGE
ALOE STRIATA
CORAL ALOE
5 GAL LOW
1 GAL LOW
5 GAL LOW
5 GAL LOW
5 GAL LOW
5 GAL LOW
5 GAL LOW
5 GAL LOW
5 GAL LOW
5 GAL LOW
5 GAL LOW
5 GAL LOW
5 GAL LOW
5 GAL LOW
5 GAL LOW
5 GAL LOW
5 GAL LOW
1 GAL LOW
1 GAL LOW
SHRUB LIST
BOTANICAL/COMMON NAME SIZE WUCOLS
LEUCOPHYLLUM F. `LOS ALAMITOS`
TEXAS SAGE
5 GAL LOW
LEUCADENDRON DISCOLOR `POM POM`
POM POM LEUCADENDRON 5 GAL LOW
5 GAL LOW
LEUCOSPERMUM CORDIFOLIUM `FLAME GIANT`
GIANT ORANGE NODDING PINCUSHION
CRASSULA A. 'BLUE WAVES'
JADE PLANT 5 GAL LOW
FURCRA FOETIDA 'MEDIOPICTA'
MAURITUS HEMP 5 GAL LOW
WD x HT
5' x 5'
6' x 5'
6' x 6'
5' x 7'
5' x 7'
8' x 8'
5' x 5'
3' x 4'
4' x 2'
4' x 4'
3' x 3'
5' x 4'
5' x 4'
5' x 5'
3' x 3'
3' x 3'
3' x 2'
6' x 6'
3' x 3'
3' x 4'
4' x 5'
2' x 3'
3' x 4'
2' x 2'
2' x 3'
2' x 2'
3' x 4'
2' x 2'
ALL ABOVE-GROUND UTILITIES INCLUDING BACKFLOW DEVICES AND
TRANSFORMERS WILL BE SCREENED WITHA DENSE PLANTING HEDGE TO
MITIGATE VIEWS OF THE UTILITIES FROM THE PUBLIC REALM AS REQUIRED BY THE CITY OF SANTA ANA ORDINANCE.
UTILITY SCREENING NOTES:
TREES FOUND WITHIN THE FIRE LANE SHALL BE MAINTAINED AT THE MINIMUM CLEARANCE OF 13'-6" FOR FIRE DEPARTMENT ACCESS.
FIRE ACCESS NOTES:
WUCOLS, WATER USE CLASSIFICATION OF LANDSCAPE SPECIES, IS A UNIVERSITY
OF CALIFORNIA COOPERATIVE EXTENSION PUBLICATION AND IS A GUIDE TO THE WATER NEEDS OF LANDSCAPE PLANTS.
THIS PRELIMINARY PLANT PALETTE IS INTENDED TO REPRESENT A TYPICAL
SAMPLE OF THE PROPOSED PLANTS BUT DOES NOT INDICATE THE EXACT SPECIES WHICH WILL BE DEVELOPED ON THE DETAILED PLANS.
WATER EFFICIENT LANDSCAPING:
THE FOLLOWING MEASURES WILL BE INCORPORATED INTO THE PROJECT TO CONSERVE WATER:
1. THE IRRIGATION SYSTEM SHALL MEET THE REQUIREMENTS OF THE CITY OF SANTA ANA GUIDELINES FOR WATER EFFICIENT LANDSCAPES.
2. THE ESTIMATED APPLIED WATER USE ALLOWED FOR THE LANDSCAPE AREA SHALL NOT EXCEED THE MAWA CALCULATION.
1. LANDSCAPE TO BE DESIGNED TO CONFORM WITH THE CITY OF SANTA ANA COMMERCIAL AREA LANDSCAPE STANDARDS SEC 41-372 (d).
2. PLANT MATERIALS WILL BE MAINTAINED AND DEAD MATERIAL REPLACED AS SPECIFIED IN THE CITY OF SANTA ANA CODE SECTION 41-609.
3. CONSTRUCT STREET LIGHTS EVERY 125' PER CITY STANDARDS AND
APPROVED PLAN, AS NEEDED PER THE CITY STANDARDS AND THE APPROVED STREET IMPROVEMENT PLANS.
GENERAL PLANTING NOTES:
1. MAINTAIN SHRUBS AT 24" HIGH INSIDE OF VEHICULAR LINE OF SIGHT.
2. SECURITY PLANTING MATERIALS WILL BE UTILIZED ALONG WALL AND PROPERTY LINES AND UNDER VULNERABLE WINDOWS.
3. ROOT BARRIERS ARE REQUIRED FOR ALL TREES WITHIN 5' OF ANY HARDSCAPE SURFACE.
POLICE DEPARTMENT SECURITY NOTES:
ADEQUATE LIGHTING OF PARKING STRUCTURE, CIRCULATION AREAS, AISLES, PASSAGEWAYS, RECESSES, and GROUNDS CONTIGUOUS TO BUILDINGS SHALL BE PROVIDED with LIGHTING of SUFFICIENT WATTAGE TO PROVIDE ADEQUATE ILLUMINATION TO MAKE CLEARLY VISIBLE THE PRESENCE OF ANY PERSON ON or ABOUT THE PREMISES DURING HOURS OF DARKNESS and PROVIDE A SAFE, SECURE ENVIRONMENT FOR ALL PERSONS, PROPERTY, and VEHICLES ON-SITE.
LANDSCAPE STANDARDS:
WUCOLS NOTE:
PLANT PALETTE NOTES:
LANDSCAPE NOTES:
1. ALL LANDSCAPING MUST MEET THE STANDARDS SET BY THE STATE OF CALIFORNIA EMERGENCY DROUGHT PLAN.
2. ALL SYNTHETIC TURF MUST MEET THE CITY OF SANTA ANA'S STANDARDS FOR SYNTHETIC TURF.
3. THE DEVELOPER SHALL MAINTAIN SIDEWALK AND TREES IN THE PUBLIC RIGHT-OF-WAY.
4. LANDSCAPING ON4TH STREET, AND PARKCOURT PLACE SHALL BE
DROUGHT TOLERANT LANDSCAPE PER THE CITY OF SANTA ANA PARKWAY GUIDELINE FOR DROUGHT TOLERANT PLANTS.
5. A LANDSCAPE PLAN INCLUDING IRRIGATION, IA TO BE SUBMITTED FOR REVIEW AND APPROVAL. THE LANDSCAPE PLAN SHALL CONFORM TO THE
COMMERCIAL LANDSCAPE STANDARDS, CITYWIDE DESIGN GUIDELINES AND THE WATER EFFICIENT LANDSCAPE ORDINANCE.
GRAFFITI NOTES:
1. ANY GRAFFITI PAINTED OR MARKED UPON THE PREMISES OR ON ANY
ADJACENT AREA UNDER THE CONTROL OF THE LICENSEE(S) SHALL BE REMOVED OR PAINTED WITHIN 24 HOURS OF BEING APPLIED.
STREET TREE NOTE:
1. ANY STREET TREE REMOVAL WITHIN THE PUBLIC RIGHT-OF-WAY IS SUBJECT TO
APPROVAL BY THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE (ETAC). THEREFORE, PROVIDE TO THE CITY OF SANTA ANA A
LETTER REQUESTING THE REMOVAL OF EXISTING STREET TREE(S) THAT CONFLICT WITH THE PROPOSED IMPROVEMENTS. THE CITY WILL PRESENT THE INFORMATION TO THE ETAC COMMITTEE FOR ACTION (SEE EXHIBIT C).
2. ALL STREET STREETS SHALL BE 24-INCH BOX AT 35 FEET O.C. ON
THEORETICAL STREET, INCLUDING DEEP ROOT IRRIGATION SYSTEMS, PER CITY STANDARDS.
3. INSTALL 24-INCH BOX STREET TREES PER THE CITY STANDARDS AND APPROVED PLAN, AS NEEDED.
UTILITY SCREENING
A
UTILITY
SCREENING PLANT MATERIAL
SCREENING TO MEET
ALL REQUIREMENTS
AND CLEARANCES
UTILITY SCREENING DETAIL:
ASPEN WOODS
C&C
SANTA ANA, CA
10.22.25 NORTH
0 8' 16' 32'
SCALE: 1/16" = 1'-0"
City Council 17 – 136 10/20/2026
APRIL 23, 2026 10 20 40
WALL & FENCE PLAN L.5
6' HT. LOUVER METAL FENCE
6' HT. SPLIT FACE MASONRY WALL
6' HT. ACCENT MASONRY WALL
48" HT. PATIO FENCE AND GATE TYP. , SEE ELEVATION 'A'
MONUMENT SIGN - DEFERRED SUBMITTAL
MOTORIZED ENTRY GATE
PEDESTRIAN GATE
6'-6" HT. - 32" X 24" W. CMU PILASTER WITH BURNISHED FINISH
FIRE AND MAINTENANCE GATE WITH KNOX BOX
PAOS GATE WITH KNOX BOX OPEN TO PUBLIC 8AM - DUSK
1 2
3 4
5 EXHIBIT RECOMMENDED TO BE VIEWED IN COLOR
6 7
8 WALL & FENCE KEY:
48" HT. PATIO FENCE AND GATE TYP.
KTGY Patio Fence and Gate TYP
A
9 10
ASPEN WOODS
C&C
SANTA ANA, CA
10.23.25 NORTH
0 8' 16' 32'
SCALE: 1/16" = 1'-0"
BLDG 1
BLDG 3
BLDG 4
BLDG 2
BLDG 5
N. GOLDEN CIRCLE DR.
E. FOURTH ST.
OFFICE
City Council 17 – 137 10/20/2026
APRIL 23, 2026 10 20 40
EXTERIOR LIGHTING PLAN L.6
4.3 2.4
3.0 2.3
1.9 2.7
1.7 2.3
2.6 2.0
2.9 2.0
1.8 2.5
1.6 2.3
2.7 2.1
2.4 2.2
2.1 1.9
1.8 1.8
1.7 1.8
1.9 1.9
1.9 1.8
1.6 1.6
1.6 1.8
2.0 2.1
2.5 1.9
1.8 1.7
1.6 1.6
1.6 1.5
1.6 1.6
1.6 1.5
1.5 1.5
1.5 1.6
1.9 1.9
1.7 2.7
1.8 1.7
2.3 2.5
1.9 1.6
1.3 1.9
1.6 1.6
2.0 1.6
1.2 2.0
1.5 1.6
2.2 1.7
1.2 1.7
1.5 1.3
2.0 1.6
1.1 2.3
1.6 1.6
2.1 1.6
1.1 2.1
1.6 1.4
1.8 1.5
1.1 2.2
1.6 1.4
1.7 1.4
1.1 2.2
1.6 1.5
1.7 1.4
1.1 1.5
1.3 1.2
1.6 1.4
1.1 1.7
1.3 1.4
2.0 1.5
1.1 1.4
1.3 1.3
2.0 1.6
1.1 1.3
1.2 1.2
2.0 1.6
1.1 1.8
1.3 1.5
2.1 1.5
1.1 1.5
1.3 1.2
1.7 1.4
1.1 2.1
1.5 1.4
1.7 1.4
1.1 2.2
1.6 1.4
1.6 1.4
1.1 1.9
1.5 1.2
1.6 1.4
1.1 2.3
1.5 1.5
2.0 1.5
1.1 1.7
1.3 1.2
2.0 1.6
1.1 1.5
1.3 1.2
2.1 1.6
1.1 1.9
1.4 1.5
2.1 1.6
1.1 1.3
1.3 1.4
2.8 1.9
1.5 1.0
1.3 1.2
1.3 1.3
1.4 1.5
1.3 1.1
1.3 1.3
1.3 1.2
1.4 1.3
1.3 1.6
1.5 1.6
1.9 1.7
1.4 1.0
1.5 1.4
1.5 1.6
1.6 1.6
1.4 1.2
1.3 1.2
1.2 1.3
1.4 1.6
1.7 1.9
1.8 1.8
1.9 1.7
1.5 2.2
1.8 2.1
1.9 1.9
2.0 1.7
1.4 1.5
1.2 1.5
1.6 1.8
2.2 2.1
2.7 2.4
2.0 1.9
1.8 1.6
1.1 2.0
1.9 1.8
1.7 1.2
1.6 1.7
1.9 1.4
1.7 1.6
1.8 2.1
1.6 1.7
1.7 1.9
2.2 1.6
1.7 1.8
2.0 2.2
1.3 1.7
1.8 2.0
2.3 1.4
1.8 1.9
2.1 2.2
2.3 2.4
2.5 2.5
2.6 2.6
2.5 2.3
2.2 2.1
2.0 1.8
1.8 1.9
2.1 1.6
1.6 1.7
1.9 2.1
2.2 2.3
2.3 2.4
2.4 2.4
2.4 2.2
2.1 1.8
1.7 1.7
1.7 1.8
2.0 1.5
1.6 1.6
1.7 1.8
1.9 2.0
2.1 2.1
2.1 2.0
2.1 2.1
1.9 1.7
1.5 1.7
1.8 1.8
1.8 1.8
1.4 1.3
1.4 1.5
1.5 1.5
1.6 1.6
1.7 1.7
1.8 1.9
2.0 1.9
1.9 1.9
1.9 1.9
1.8 1.6
1.5 1.6
1.8 2.0
2.0 1.9
1.8 1.4
1.6 1.7
1.7 1.6
1.6 1.6
1.6 1.7
1.7 1.7
1.9 2.0
1.9 1.8
1.8 1.8
1.8 1.8
1.7 1.6
1.7 2.0
2.2 2.1
2.0 1.7
1.4 2.1
2.0 2.0
1.9 1.7
1.6 1.6
1.6 1.7
1.9 2.0
2.1 2.1
2.0 1.9
1.8 1.7
1.7 1.7
1.8 2.0
2.3 2.3
2.4 2.2
1.9 1.4
1.5 1.8
1.7 1.5
1.2 1.2
1.2 1.4
1.6 1.8
1.6 1.6
1.7 1.6
1.4 1.2
1.2 1.3
1.5 1.7
1.9 1.5 1.2 1.2 1.1 1.2 5.9
4.1 2.6 3.9 1.7 6.3 1.5 4.8 1.3 0.9
1.2 1.4
1.4 1.3 2.9 3.0 1.8 5.4 1.1 1.6 4.0 1.1
1.2 3.3 1.1 2.7 5.4
1.4 1.9
5.4 3.2
1.8 1.4
1.6 1.4 1.3
1.4 1.6
2.2 1.2
2.1 1.0
1.7 1.0
1.1 1.5 1.7
1.6 6.3
2.0 4.5 1.1 1.3
1.1 1.0 3.8
2.2 1.5
1.7 2.7
1.5 1.4
2.3 1.8 1.7 1.8 1.7 1.7
1.8 1.9
1.8 1.8
2.0 1.9
2.1 2.3
2.3 2.2
2.3 2.4
2.4 2.0
2.2 1.9
1.7 1.8 1.8 1.7 1.6
1.4 1.4
1.1 1.1
THE OUTDOOR LIGHTING CONCEPT IS TO PROVIDE LEVELS OF LIGHTING SUFFICIENT TO MEET SAFETY AND ORIENTATION NEEDS.
WITHIN PUBLIC AREAS LIGHTING WILL BE WARM COLORED AND UNOBTRUSIVE.
LIGHT SOURCES WILL BE TUNGSTEN OR METAL HALIDE.
LIGHTING SOURCES FOR THE LANDSCAPE AND PAVED AREAS WILL BE
CONCEALED AND THE LIGHTING INDIRECT NOT VISIBLE FROM A PUBLIC VIEWPOINT. LIGHT SOURCES SHOULD BE DIRECTED SO THAT IT DOES NOT FALL OUTSIDE THE AREA TO BE LIGHTED.
ALL EXTERIOR SURFACE AND ABOVE-GROUND MOUNTED FIXTURES WILL BE SYMPATHETIC AND COMPLIMENTARY TO THE ARCHITECTURAL THEME.
EXTERIOR LIGHTING LEGEND
TYPE / TECHNIQUE
MANUF / MODEL
THEME POLE LIGHT AT DRIVES
LIGMAN / VEKTER - UVK-900
OR SIMILAR
VEHICULAR DRIVES
SYMBOL LOCATION:
BOLLARD
LIGMAN / TAURAS - UTU-X01
OR SIMILAR
AT PEDESTRIAN PATH OF
TRAVEL
SCONCE
LIGMAN / JET CYLINDRICAL -
UJE-30393 OR SIMILAR
MOUNTED ON BUILDING
+/-8'-0"
* FOR REFERENCE ONLY *
EXTERIOR LIGHTING NOTES:
WALL PACK
LIGMAN / LEGEND 4 - ULE-40621
OR SIMILAR
MOUNTED ON BUILDING
+/-18'-0"
THEME POLE LIGHT
VEHICULAR DRIVES
BOLLARD
PEDESTRIAN WALKS
WALL MOUNTED
ACCENT WALLS
SCONCE
AT CABANA
ASPEN WOODS
C&C
SANTA ANA, CA
02.24.26 NORTH
0 8' 16' 32'
SCALE: 1/16" = 1'-0"
BLDG 1
BLDG 3
BLDG 4
BLDG 2
BLDG 5
N. GOLDEN CIRCLE DR.
E. FOURTH ST.
OFFICE
City Council 17 – 138 10/20/2026
APRIL 23, 2026 10 20 40
MATERIALS PLAN L.7
DECORATIVE METAL GATE DECORATIVE METAL FENCE SUCCULENTS TABLE
GROUND COVER
SEAT WALL
COBBLE PEA GRAVEL
BENCH TRASH RECEPTICLE
CONCRETE PAVING WITH DECORATIVE
SANDBLASTED CONCRETE WOOD PORCELAIN PAVERS SCORING LINEAR CONCRETE PAVERS City Council 17 – 139 10/20/2026
T O R T O R T O R T O R T O R T O R T O R T O R O R TO R T T R O T R O T R O T R O O R TO R TO R T T O R T O R T O R T O R T O R T O R T O R R O O R T T T O R O R T R O T O R TR O T O R T O R T T R O O R T T R O O R TO R T O R T O R T NEIGHBORHOOD ENTRY E. 4TH STREET N. GOLDEN CIRCLE DR. 8 PLEX BLDG 1 7 PLEX BLDG 2 7 PLEX BLDG 3 9 PLEX BLDG 4 BLDG 5 SETBACK PROPERTY LINE FUTURE VEHICLE AND PEDESTRIAN CONNECTION GATED ENTRY 24' 2' 2'
2'
2' 2'
24' 24' 24' 15' 20' 28' 3'
7'
7' 3' 12' 10'
3'
3' 9'
9'
24' 9' 9' 8'-0"
36'
18' 9 PLEX 3' 30'
26' 21' 27'
10' No. 888.456.5849 | ktgy.com ASPEN WOODS 20230974 C&C DEVELOPMENT CONCEPTUAL DESIGN SANTA ANA, CA 0 10 20 40 Scale 1" = 20' OCTOBER 30, 2025 ARCHITECTURAL SITE PLAN A0.1 PROJECT INFO APN: 40008202 City: Santa Ana, CA County: Orange County Zoning: Metro East Mixed Use Overlay Specific Plan (MEMU) - Village Center District SITE SUMMARY Gross Site Area: ±1.8 ac. (79,892 sf) Net Site Area*: ±1.6 ac.(67,997 sf) *Gross minus dedications Units: 4 units - P1 (2 bd / 2.5 ba) 4 units - P2 (2 bd / 2.5 ba) 8 units - P3 (3 bd / 2.5 ba) 8 units - P3X (3 bd / 2.5 ba + flex space) 16 units - P4 (4 bd / 3.5 ba) 40 units - Total Site Density: ±22.2 du/ac Parking Provided: 80 spaces - Garages 20 spaces - Open 100 spaces - Total Provided (±2.5 sp/unit) EPTUAL DESIGN OCTOBER 31, 2025"A" = Designated Affordable Unit A A A A City Council 17 – 140 10/20/2026
STOP
STOP 6/12/26 6/12/26 City Council 17 – 141 10/20/2026
T O R
T O R T O R T O R T O R T O R T O R T O R
R O
T
R O
T
T R O
R T
O
T R O
T R
O
R O
T
O R
T
O R
T
T OT R
O
T R
O
T R
O R T O R T O R T O R
O R
T
O R
T
T O R
O R
T
O R
T
O R
T
O R
T
O R
T
T R O
T R
O
T R O
R T
O
R O
T
R O
T
R O
T
O R
T
STOP
STOP
0 1" = 20'
10 20 40
City Council 17 – 142 10/20/2026
Public Works Agency
www.santa-ana.gov/pw
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 20, 2026
TOPIC: Resolution Authorizing Submittal of CalRecycle Grants
AGENDA TITLE
Resolution Authorizing the Submittal for All CalRecycle Grants for a 5-Year Period
RECOMMENDED ACTION
Adopt a resolution authorizing the City Manager, or their designee, to apply for and administer all CalRecycle Grants for a 5-year period.
RESOLUTION NO. 2026-XXXX entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AUTHORIZING SUBMITTAL OF APPLICATION FOR ALL
CALRECYCLE GRANTS FOR WHICH THE CITY OF SANTA ANA IS ELIGIBLE GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The Public Works Agency (PWA) continues to focus on environmental stewardship through programs that support solid waste reduction, recycling, and other sustainability efforts. The California Department of Resources Recycling and Recovery (CalRecycle) offers various grant programs that assist local jurisdictions in implementing regulatory requirements and advancing environmental stewardship initiatives. The City has applied for and received several CalRecycle grants over the past five years, including the Senate Bill 1383 Local Assistance Grant Program. These grants provide funding to support solid waste and recycling efforts that benefit Santa Ana residents and businesses.
CalRecycle requires jurisdictions to adopt governing body resolutions establishing certain administrative authorizations as part of the application and allows jurisdictions to adopt one blanket resolution that applies to all current and future grant applications. A blanket resolution allows agencies to apply for and administer all CalRecycle grants under a single approval, removing the need to return for a new resolution every time a specific grant opens.
City Council 18 – 1 10/20/2026
Resolution Authorizing Submittal of CalRecycle Grants
October 20, 2026
The City’s past authorizing resolution, Resolution No. 2021-012, has expired. To improve administrative efficiency and streamline the process, staff recommends adopting a new single resolution authorizing the City of Santa Ana to apply for and participate in CalRecycle grant programs (Exhibit 1). The resolution would replace existing resolutions related to CalRecycle grants and would be readopted every five years, as required by CalRecycle.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Resolution
Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Approved By: Alvaro Nuñez, City Manager
City Council 18 – 2 10/20/2026
Resolution No. 2026-XXX
RESOLUTION NO. 2026-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING SUBMITTAL OF APPLICATION
FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY
OF SANTA ANA IS ELIGIBLE
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (“CalRecycle”) to administer various grant programs in furtherance of the State of California’s efforts to reduce, recycle and reuse solid waste generated in the state, thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:
Section 1. The City Council authorizes the submittal of application(s) to CalRecycle for all grants for which the City of Santa Ana is eligible.
Section 2. The City Manager, or his or her designee, is hereby authorized and empowered to execute in the name of the City of Santa Ana all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment necessary to secure grant funds and implement the approved grant projects.
Section 3. These authorizations shall be effective for five (5) years from the date of adoption of this Resolution.
Section 4. 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 20th day of October, 2026
___________________________
Valerie Amezcua
Mayor
City Council 18 – 3 10/20/2026
Resolution No. 2026-XXX
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:___________________________
Kyle Nellesen
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-___ to be the original resolution adopted by the City Council of the City of Santa Ana on October 20, 2026.
Date: ___________________ ____________________________
City Clerk
City of Santa Ana
City Council 18 – 4 10/20/2026
Human Resources Department
www.santa-ana.org/HR
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 20, 2026
TOPIC: Resolution to Amend the City’s Classification and Compensation Plan
AGENDA TITLE
Adopt a Resolution Amending the City’s Classification and Compensation Plan
RECOMMENDED ACTION
Adopt a Resolution to amend the City’s Classification and Compensation Plan to create a Legal Records Specialist (Excepted) (UC) classification.
RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S
CLASSIFICATION AND COMPENSATION PLAN
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The City Council regularly amends the City’s classification and compensation plan for all full-time and part-time classifications of officers and employees of the City.
The City has a need to create a Legal Records Specialist (Excepted) (UC) classification. This classification will report to the City Attorney’s Office and be represented by the Confidential Association of Santa Ana (CASA). This position will assist in responding to public records requests under the California Public Records Act (Government Code § 7920.000 et seq.). The City has received 2,877 public records requests to date in the current calendar year. This large number is part of a trend of public record requests increasing exponentially each year. The City Attorney’s Office provides legal support to all City departments. In order to support departments with legal services in responding to these requests, the City Attorney’s Office has identified the need for this classification.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
City Council 19 – 1 10/20/2026
Classification and Compensation Resolution
October 20, 2026
FISCAL IMPACT
The City Council budgeted for this position as part of the FY26-27 budget. There is no additional fiscal impact associated with this action.
EXHIBIT(S)
1. Classification and Compensation Plan Resolution
Submitted By: Lori Schnaider, Executive Director of Human Resources Approved By: Alvaro Nuñez, City Manager
City Council 19 – 2 10/20/2026
Resolution 2026-XXX
RESOLUTION NO. 2026-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S
CLASSIFICATION AND COMPENSATION PLAN
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. Section 1004 of the City Charter requires the City Manager to prepare, install, and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council.
B. It is the City’s practice to assign job titles that reflect the duties and responsibilities of classifications and are consistent with other classifications within the City’s organizational structure, as well as comparable job titles in the labor market, while maintaining internal pay equity relationships and attracting and retaining qualified candidates.
C. The City Council regularly amends the City’s classification and compensation plan for all full-time and part-time classifications of employees and officers of the City.
D. It is now desired to amend the City’s classification and compensation plan as listed herein.
E. The City desires to create a new classification, Legal Records Specialist (Excepted) (UC), to assist the City Attorney’s Office in responding to public records requests under the California Public Records Act (Government Code § 7920.000 et seq.).
Section 2. The Santa Ana City Council hereby amends the City’s classification and compensation plan as follows:
A. Create the following classification:
UNIT TITLE STEPS MONTHLY
MIN
MONTHLY
MAX
CASA Legal Records Specialist (Excepted)
(UC) 6 $4,514 $5,762
Section 3. Compensation rates listed herein are inclusive of applicable Memorandum of Understanding salary increase provisions.
City Council 19 – 3 10/20/2026
Resolution 2026-XXX
Section 4. The Santa Ana City Council hereby approves the updated Salary Schedules for the Confidential Association of the City of Santa Ana (CASA) unit, attached to this resolution as Exhibit A, reflecting classification and compensation amendments per this resolution and previously approved City Council resolutions and bargaining unit agreements, and grouped by employee unit, as recommended by CalPERS, and in compliance with CalPERS California Code of Regulations section 570.5.
Section 5. That except as amended by this resolution, all other provisions of the City’s classification and compensation plan shall remain in full force and effect.
Section 6. This resolution is effective November 1, 2026, which is the start date of the first full pay period following approval of this resolution.
ADOPTED this 20th day of October 2026.
___________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: __________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
ABSENT: Councilmembers
City Council 19 – 4 10/20/2026
Resolution 2026-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-___ to be the original resolution adopted by the City Council of the City of Santa Ana on October 20, 2026.
Date: ___________________ ____________________________
Jennifer L. Hall
City Clerk
City of Santa Ana
City Council 19 – 5 10/20/2026
EXHIBIT A
CONFIDENTIAL ASSOCIATION OF THE CITY OF SANTA ANA (CASA)
MONTHLY WAGE RATE SCHEDULE
EFFECTIVE NOVEMBER 1, 2026 TO JULY 10, 2027
REVISED OCTOBER 20, 2026
Resolution 2026-XXX
JOB TITLE JOB
CODE
STEP
AA
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Administrative Receptionist (Excepted) (UC) 07272 4,625 4,854 5,096 5,354 5,620 5,900 Administrative Secretary (Excepted) (UC) 07271 5,873 6,166 6,474 6,806 7,147 7,500 Budget Aide (UC) 00497 6,872 7,213 7,575 7,954 8,352 8,772 Budget Analyst (UC) 00496 7,801 8,189 8,602 9,031 9,484 9,959 Citywide Community Liaison (Excepted) (UC) 04900 8,034 8,433 8,855 9,301 9,761 10,250 Claims Adjuster (UC) 00124 7,613 7,997 8,393 8,814 9,254 9,716 Council Services Secretary (Excepted) (UC) 00830 5,303 5,571 5,849 6,139 6,451 6,770 Data Analyst (UC) 00498 7,801 8,189 8,602 9,031 9,484 9,959 Equity and Inclusion Coordinator (Excepted) (UC) 01515 7,801 8,189 8,602 9,031 9,484 9,959 Executive Assistant (Excepted) (UC) 00900 6,973 7,324 7,689 8,072 8,475 8,900 Executive Secretary (UC) 07392 6,166 6,474 6,806 7,147 7,500 7,878 Executive Secretary to the Police Chief (UC) 00140 6,166 6,474 6,806 7,147 7,500 7,878 Financial Analyst (UC) 00481 7,613 7,997 8,393 8,814 9,254 9,716 Human Resources Administrative Assistant (UC) 07069 5,096 5,354 5,620 5,900 6,198 6,508 Human Resources Analyst (UC) 01520 7,613 7,997 8,393 8,814 9,254 9,716 Human Resources Communications Specialist (UC) 08590 7,613 7,997 8,393 8,814 9,254 9,716 Human Resources Specialist (UC) 07070 5,096 5,354 5,620 5,900 6,198 6,508 Human Resources Technician (UC) 01250 6,230 6,537 6,872 7,213 7,575 7,954 Legal Office Assistant (Excepted) (UC) 07080 4,258 4,469 4,695 4,928 5,175 5,434 Legal Records Specialist (Excepted) (UC) 07115 4,514 4,739 4,977 5,223 5,485 5,762 Legal Secretary (Excepted) (UC) 07120 5,278 5,543 5,819 6,111 6,417 6,740 Management Aide (Excepted) (UC) 01201 6,872 7,213 7,575 7,954 8,352 8,772 Management Aide (UC) 01200 6,872 7,213 7,575 7,954 8,352 8,772 Management Analyst – Police Oversight Commission (Excepted) (UC) 00148 7,801 8,189 8,602 9,031 9,484 9,959 Management Analyst (Excepted) (UC) 00750 7,801 8,189 8,602 9,031 9,484 9,959 Management Analyst (UC) 01720 7,801 8,189 8,602 9,031 9,484 9,959 Organizational Development and Training Analyst (UC) 00476 7,613 7,997 8,393 8,814 9,254 9,716 Paralegal (Excepted) (UC) 01670 6,259 6,572 6,906 7,250 7,613 7,997 Payroll Systems Analyst (UC) 07400 9,484 9,959 10,455 10,978 11,525 12,100 Payroll Technician (UC) 07410 6,230 6,537 6,872 7,213 7,575 7,954 Police Oversight Commission Secretary (UC) 07322 5,326 5,594 5,873 6,166 6,474 6,806 Risk Management Analyst (UC) 01756 7,613 7,997 8,393 8,814 9,254 9,716 Risk Management Assistant (UC) 01753 4,854 5,096 5,354 5,620 5,900 6,198 Risk Management Specialist (UC) 01758 5,096 5,354 5,620 5,900 6,198 6,508 Risk Management Technician (UC) 01755 6,230 6,537 6,872 7,213 7,575 7,954 Senior Graphics Artist (Excepted) (UC) 02395 7,467 7,838 8,232 8,643 9,076 9,528 Senior Human Resources Specialist (UC) 07300 5,649 5,932 6,230 6,537 6,872 7,213 Senior Legal Secretary (Excepted) (UC) 07310 5,873 6,166 6,474 6,806 7,147 7,500 Senior Paralegal (Excepted) (UC) 01675 7,613 7,997 8,393 8,814 9,254 9,716 Senior Payroll Technician (UC) 07415 6,872 7,213 7,575 7,954 8,352 8,772 Training Coordinator (UC) 01280 9,436 9,909 10,402 10,923 11,467 12,042 City Council 19 – 6 10/20/2026
EXHIBIT A
CONFIDENTIAL ASSOCIATION OF THE CITY OF SANTA ANA (CASA)
MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 11, 2027
REVISED OCTOBER 20, 2026
Resolution 2026-XXX
JOB TITLE JOB
CODE
STEP
AA
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Administrative Receptionist (Excepted) (UC) 07272 4,764 5,000 5,249 5,515 5,789 6,077 Administrative Secretary (Excepted) (UC) 07271 6,049 6,351 6,668 7,010 7,361 7,725 Budget Aide (UC) 00497 7,078 7,429 7,802 8,193 8,603 9,035 Budget Analyst (UC) 00496 8,035 8,435 8,860 9,302 9,769 10,258 Citywide Community Liaison (Excepted) (UC) 04900 8,275 8,686 9,121 9,580 10,054 10,558 Claims Adjuster (UC) 00124 7,841 8,237 8,645 9,078 9,532 10,007 Council Services Secretary (Excepted) (UC) 00830 5,462 5,738 6,024 6,323 6,645 6,973 Data Analyst (UC) 00498 8,035 8,435 8,860 9,302 9,769 10,258 Equity and Inclusion Coordinator (Excepted) (UC) 01515 8,035 8,435 8,860 9,302 9,769 10,258 Executive Assistant (Excepted) (UC) 00900 7,182 7,544 7,920 8,314 8,729 9,167 Executive Secretary (UC) 07392 6,351 6,668 7,010 7,361 7,725 8,114 Executive Secretary to the Police Chief (UC) 00140 6,351 6,668 7,010 7,361 7,725 8,114 Financial Analyst (UC) 00481 7,841 8,237 8,645 9,078 9,532 10,007 Human Resources Administrative Assistant (UC) 07069 5,249 5,515 5,789 6,077 6,384 6,703 Human Resources Analyst (UC) 01520 7,841 8,237 8,645 9,078 9,532 10,007 Human Resources Communications Specialist (UC) 08590 7,841 8,237 8,645 9,078 9,532 10,007 Human Resources Specialist (UC) 07070 5,249 5,515 5,789 6,077 6,384 6,703 Human Resources Technician (UC) 01250 6,417 6,733 7,078 7,429 7,802 8,193 Legal Office Assistant (Excepted) (UC) 07080 4,386 4,603 4,836 5,076 5,330 5,597 Legal Records Specialist (Excepted) (UC) 07115 4,649 4,881 5,126 5,380 5,650 5,935 Legal Secretary (Excepted) (UC) 07120 5,436 5,709 5,994 6,294 6,610 6,942 Management Aide (Excepted) (UC) 01201 7,078 7,429 7,802 8,193 8,603 9,035 Management Aide (UC) 01200 7,078 7,429 7,802 8,193 8,603 9,035 Management Analyst – Police Oversight Commission (Excepted) (UC) 00148 8,035 8,435 8,860 9,302 9,769 10,258 Management Analyst (Excepted) (UC) 00750 8,035 8,435 8,860 9,302 9,769 10,258 Management Analyst (UC) 01720 8,035 8,435 8,860 9,302 9,769 10,258 Organizational Development and Training Analyst (UC) 00476 7,841 8,237 8,645 9,078 9,532 10,007 Paralegal (Excepted) (UC) 01670 6,447 6,769 7,113 7,468 7,841 8,237 Payroll Systems Analyst (UC) 07400 9,769 10,258 10,769 11,307 11,871 12,463 Payroll Technician (UC) 07410 6,417 6,733 7,078 7,429 7,802 8,193 Police Oversight Commission Secretary (UC) 07322 5,486 5,762 6,049 6,351 6,668 7,010 Risk Management Analyst (UC) 01756 7,841 8,237 8,645 9,078 9,532 10,007 Risk Management Assistant (UC) 01753 5,000 5,249 5,515 5,789 6,077 6,384 Risk Management Specialist (UC) 01758 5,249 5,515 5,789 6,077 6,384 6,703 Risk Management Technician (UC) 01755 6,417 6,733 7,078 7,429 7,802 8,193 Senior Graphics Artist (Excepted) (UC) 02395 7,691 8,073 8,479 8,902 9,348 9,814 Senior Human Resources Specialist (UC) 07300 5,818 6,110 6,417 6,733 7,078 7,429 Senior Legal Secretary (Excepted) (UC) 07310 6,049 6,351 6,668 7,010 7,361 7,725 Senior Paralegal (Excepted) (UC) 01675 7,841 8,237 8,645 9,078 9,532 10,007 Senior Payroll Technician (UC) 07415 7,078 7,429 7,802 8,193 8,603 9,035 Training Coordinator (UC) 01280 9,719 10,206 10,714 11,251 11,811 12,403 City Council 19 – 7 10/20/2026
Police Department
www.santa-ana.gov/pd
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 20, 2026
TOPIC: Policy Manual Maintenance and Support
AGENDA TITLE
Agreement with Lexipol, LLC to Provide Policy Manual Maintenance and Support to the Police Department (Specification No. 27-022) (General Fund and Non-General Fund) (Continued from the Regular City Council meeting of October 6, 2026)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Lexipol, LLC to provide policy manual maintenance, support, and training services to the Police Department for a term beginning October 1, 2026 and expiring September 30, 2029, in a total amount not to exceed $175,908 (Agreement No. A-2026-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
Lexipol, LLC (“Lexipol”) proposes to provide the Santa Ana Police Department (“SAPD”) with web-based law enforcement policy manual maintenance, support, and training services. The agreement includes the Annual Law Enforcement Policy & Daily Training Bulletin (DTB) Subscription, Annual Custody Policy & DTB Subscription, Annual Corrections Supplemental Manual, and CorrectionsOne Academy. CorrectionsOne Academy is an online training platform that provides courses certified through the California Board of State and Community Corrections (BSCC) for annual continuing education requirements. The Lexipol Law Enforcement & Custody Policy Manual has over 150 policies based on federal and state laws, regulations, and law enforcement best practices. CorrectionsOne Academy also has over 550 courses, training videos, and management features to meet annual training mandates.
Lexipol provides a cost-effective model that protects and maximizes taxpayer resources.
Lexipol provides law enforcement employees the knowledge, skills, and abilities to protect their communities by crafting legally sound policies and procedures. Lexipol does not act as a policy maker; SAPD has the responsibility to make policy decisions and customize policies to align with the community’s needs and the Department’s values. Lexipol’s policies are developed to align with state and federal laws and court decisions and provide officers with guidance to improve policing outcomes and minimize risk. Compliance with City Council 20 – 1 10/20/2026
Policy Manual Maintenance and Support
October 20, 2026
sound policies, coupled with proper supervision and disciplinary action, leads to risk reduction.
Lexipol’s policy management is accessible online and via mobile devices, and includes:
• Comprehensive guidance that complies with federal and state laws and regulations and provides the ability to customize policy to fit Department and community needs;
• Policy updates as laws and regulations change;
• Policy implementation assistance from qualified professionals; and • Scenario-based Daily Training Bulletins with tests to reinforce and demonstrate policy comprehension.
Lexipol’s model does not prevent community input in enacting policies. In fact, SAPD has modified approximately 50% of the Lexipol policy content, incorporating the community’s input, needs, and values in many key policies, including Body Worn Cameras, Cite and Release, Vehicle Tow and Release, Criminal Organizations, and Immigration Violations.
These are examples of policies customized with community input. Pursuant to state law, all of SAPD’s policies and procedures are available online for members of the community to review and provide comment, if so desired.
Additionally, the Police Oversight Commission may conduct public meetings that provide a forum for discussion of police policies, practices, and procedures (SAMC 2-665(j)).
Commission recommendations have resulted in changes to the Department’s U-Visa certification procedures and Military Equipment Policy. The Department is also reviewing its Unmanned Aerial Systems (drone) Policy and Search and Seizure Policy in response to Commission recommendations. These examples demonstrate how the Commission’s input and recommendations are considered in the Department’s policy review process.
Lexipol’s policies are developed by legal teams who access numerous sources when developing best practice policy guidance and who monitor major court decisions, legislation, and emerging trends affecting law enforcement operations. Lexipol provides periodic updates in response to legislative mandates, case law, and evolving law enforcement best practices. Lexipol archives departmental policies and tracks changes, facilitating improved documentation of policy revisions. Lexipol also has a mechanism that documents officers who have reviewed policies to ensure their training records are up to date. The Department has subscribed to Lexipol for over ten years, which has been an asset to the Department’s training program, has increased efficiency in delivering policy updates to personnel, and ensuring routine policy training.
City Council 20 – 2 10/20/2026
Policy Manual Maintenance and Support
October 20, 2026
Since 2023, Lexipol has provided SAPD with:
• 151 new policies (141 of which are Jail Policies);
• 1,361 Daily Training Bulletins; and
• 214 policy updates, including six updates to the use of force policy, four to the handcuffing policy, five to the vehicle pursuit policy, and four to the bias-based policing policy.
Lexipol develops new policies, policy updates, and Daily Training Bulletins using multiple sources. These include legislation, executive orders, regulations, court decisions, public safety expertise, evolving best practices, customer inquiries, and research from industry and advocacy groups. Lexipol’s Daily Training Bulletins use scenarios to help employees understand and apply Department policy. Together, the policies, updates, and training are intended to support compliance and mitigate risk. Lexipol reports that it has reviewed more than 30,000 legislative bills and/or executive orders since 2023 as part of its broader policy development and maintenance process.
In addition, Lexipol provides Daily Training Bulletin (“DTB”) services designed to help law enforcement employees learn the content of the policy manual and apply its policies in practice. To ensure understanding and proficiency, Lexipol furnishes 365 customizable, scenario-based training bulletins that link directly to the policy manual each year. The DTBs address uses of force, vehicle operations, discrimination and harassment, and various other law enforcement risk management topics. The Police Department may customize DTBs to address agency-specific topics and scenarios.
Without Lexipol, SAPD will not be permitted to utilize Lexipol’s copyrighted materials and will immediately be required to assemble an entire team of professionals, including attorneys, to research, revise, draft, oversee, and maintain oversight of over 150 policies and 90 procedures, excluding Jail policies and procedures. Moreover, no governmental entity or agency develops and provides policies to law enforcement agencies. As such, agencies are left to do this on their own, with very limited resources.
Importantly, the City is a member of Independent Cities Risk Management Authority (ICRMA), a risk pooling and risk management entity that strives to lessen liability exposure and insurance costs for its member cities. Therefore, due to the increasing costs of insuring and litigating police liability claims and lawsuits, ICRMA has implemented this plan to assist member cities in developing and implementing their police practices. Lexipol provides police policies, best practices, and training consistent with California statutes and policing issues in today’s environment, while helping police departments prepare for the future. This consistency provides insurers with a higher level of confidence that the potential for police liability claims and lawsuits will remain manageable instead of skyrocketing. If costs continue to rise exponentially, insurance companies, excess insurers, and reinsurers may pull out of insuring California municipalities altogether, which would cause municipalities to pay all claims costs from dollar one to infinity.
City Council 20 – 3 10/20/2026
Policy Manual Maintenance and Support
October 20, 2026
The first-year subscription fee is $55,931. The Board of State and Community Corrections (BSCC) will pay for the costs associated with the Lexipol CorrectionsOne subscription for the agreement. The City receives subvention from BSCC for the training of eligible corrections officers. BSCC will pay $6,489 in Year One of the agreement. The subscription renewal fees for Year Two will be $58,590, of which BSCC will pay $6,683.
Year Three of the agreement will be $61,387, with BSCC paying $6,885. At the conclusion of the three-year term, the total amount paid to Lexipol will be $175,908. Upon City Council’s approval of the recommended action, the agreement will be retroactive to include services provided from October 1 through October 6.
Santa Ana Municipal Code Section 2-807(a) authorizes the City to make non-bid purchases of services, supplies, materials, and equipment whenever it appears that there is only one reasonably available source. Staff researched available procurement options and product offerings in the market and determined that the policy manual maintenance support offered by Lexipol meets the Police Department’s specifications. Staff recommends awarding an agreement with Lexipol (Exhibit 1).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funding is available in the FY 26-27 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration as follows:
Fiscal
Year
Accounting Unit
– Account No.
Fund
Description
Accounting Unit,
Account
Description
Amount
FY 26-27 01114475-62140 General Fund
PD Jail Operations,
Implementation,
Subscriptions
$ 16,199
FY 26-27 01114410-62140 General Fund
PD Training
Services,
Subscriptions
$ 33,243
FY 26-27 02414401-62140
Police Activities
& Programs
Fund
Police Special RevSTC Program,
Subscriptions
$ 6,489
FY 27-28 01114475-62140 General Fund PD Jail Operations, Subscriptions $ 17,009
FY 27-28 01114410-62140 General Fund
PD Training
Services,
Subscriptions
$ 34,898
City Council 20 – 4 10/20/2026
Policy Manual Maintenance and Support
October 20, 2026
FY 27-28 02414401-62140
Police Activities
& Programs
Fund
Police Special RevSTC Program,
Subscriptions
$ 6,683
FY 28-29 01114475-62140 General Fund PD Jail Operations, Subscriptions $ 17,859
FY 28-29 01114410-62140 General Fund
PD Training
Services,
Subscriptions
$ 36,643
FY 28-29 02414401-62140
Police Activities
& Programs
Fund
Police Special RevSTC Program,
Subscriptions
$ 6,885
Total $175,908
EXHIBIT(S)
1. Agreement with Lexipol, LLC
Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager
City Council 20 – 5 10/20/2026
EXHIBIT 1
City Council 20 – 6 10/20/2026
City Council 20 – 7 10/20/2026
City Council 20 – 8 10/20/2026
City Council 20 – 9 10/20/2026
City Council 20 – 10 10/20/2026
City Council 20 – 11 10/20/2026
City Council 20 – 12 10/20/2026
City Council 20 – 13 10/20/2026
City Council 20 – 14 10/20/2026
City Council 20 – 15 10/20/2026
Planning and Building Agency
www.santa-ana.org/pba
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 20, 2026
TOPIC: Density Bonus Agreement No. 2026-03 – Watermarke Sandpointe Mixed-Use Development (200 East Sandpointe Avenue) – Continued from August 4, 2026
AGENDA TITLE
Density Bonus Agreement No. 2026-03 – Watermarke Sandpointe Mixed-Use Development (200 East Sandpointe Ave.) – Continued from the Regular City Council Meeting of August 4, 2026, Item No. 30)
RECOMMENDED ACTION
1. Adopt a resolution approving Density Bonus Agreement No. 2026-03; RESOLUTION NO. 2026-XXX entitled 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 UNIT RESIDENTIAL UNITS, INCLUDING 20 UNITS PROPOSED AS AFFORDABLE TO EXTREMELY LOW-INCOME HOUSEHOLDS, AND 13,887 SQUARE FEET OF COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 200 EAST SANDPOINTE AVENUE (APNS: 411-111-07, 411-111-09, 411-111-10, AND 411-111-11)
2. Authorize the City Manager to execute a Density Bonus Agreement with CM Sandpointe, LLC, GH Sandpointe, LLC, JMT Sandpointe, LLC, and QC Sandpointe, LLC, with a 55-year covenant term, for a rental residential development consisting of a 400 unit multi-family residential development, including 20 affordable units (five percent (5%) of the total units) proposed as affordable to extremely low-income households, at the property located at 200 East Sandpointe Avenue (Agreement No. A-2026-XXX); and
3. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further review under Sections 15183 and 15162.
GOVERNMENT CODE §84308 APPLIES: Yes
City Council 21 – 1 10/20/2026
Density Bonus Agreement No. 2026-03 – Watermarke Sandpointe (200 East Sandpointe Avenue)
October 20, 2026
EXECUTIVE SUMMARY
CM Sandpointe, LLC, GH Sandpointe, LLC, JMT Sandpointe, LLC, and QC Sandpointe, LLC (“Owner”), represented by Jonny Schneider (“Applicant”) and Pamela Sapetto and Andrea Maloney of Sapetto Real Estate Solutions (application-listed contact persons), request City Council approval of Density Bonus Agreement (DBA) No. 2026-03 pursuant to Article XVI.I (Density Bonus) of the Santa Ana Municipal Code (SAMC) and Government Code Section 65915 to facilitate redevelopment of surface parking and existing office building at 200 East Sandpointe Avenue.
This matter was continued from the August 4, 2026, City Council meeting and is the fifth public hearing on the Project. Senate Bill 330 (Government Code Section 65905.5) limits qualifying housing development projects to five hearings, including Planning Commission and City Council hearings and continuances. Accordingly, the City Council must take action during its October 20, 2026 consideration of the item; no additional hearings may be required for Project approval.
The Applicant’s preliminary application under Government Code Section 65941.1(a) was deemed complete on November 27, 2024. The four prior hearings were:
• March 9, 2026 and May 11, 2026 (Planning Commission)
• July 7, 2026 and August 4, 2026 (City Council)
The Project would redevelop the existing surface parking area and demolish the existing office building to accommodate a mixed-use multifamily development consisting of 400 rental apartment units, including 20 units reserved for extremely low-income households, and approximately 13,887 square feet of ground-floor commercial space.
The Applicant requests approval of a Density Bonus Agreement (DBA) pursuant to Government Code Section 65915 to memorialize the Project’s affordable-housing commitment and applicable development standards. The Project will reserve 20 dwelling units (five percent (5%) of the total units) for extremely low-income households, thereby qualifying for benefits under State Density Bonus Law. However, the Applicant is not requesting a numerical density bonus, incentive or concession, or waiver or reduction of development standards. Accordingly, no Planning Commission action was required with respect to the DBA because the Project did not require approval of any Density Bonus Law benefit within the Commission’s purview. In accordance with Government Code Section 65915, the City’s discretion and ability to deny a Density Bonus Agreement are severely limited if the project satisfies the objective standards set out by the State.
Staff recommends approval of the request, as the Project is consistent with the General Plan, will add 400 units to the City’s housing stock, satisfies inclusionary housing City Council 21 – 2 10/20/2026
Density Bonus Agreement No. 2026-03 – Watermarke Sandpointe (200 East Sandpointe Avenue)
October 20, 2026
requirements through on-site affordable units, reinvests in an underutilized site, and would not result in adverse environmental or public health impacts.
Planning Commission Action
On May 11, 2026, the Planning Commission held a public hearing for the Project and voted 6:0:1, with Commissioner Oliva absent, to approve Conditional Use Permit (“CUP”) No. 2025-16 for proposed multifamily development and commercial uses, based on the required findings. Density Bonus Agreement No. 2026-03 was not considered by the Planning Commission, as no concessions or waivers were requested requiring documentation in a DBA pursuant to SAMC Section 41-1607. In accordance with SAMC Section 41-1602(d), approval of the DBA is under the jurisdiction of the City Council.
City Council Action
On July 7, 2026, the proposed Density Bonus Agreement was scheduled on the City Council consent calendar. At the meeting, the Council continued the item to August 4, 2026, to allow additional time for Council members to meet with staff and obtain further information about the project. On August 4, 2026, the City Council continued the item to October 20, 2026, following community and Council concerns regarding parking, affordable housing composition, and workforce requirements. The applicant has made no changes to the Project, nor provided new information on workforce, since it was agendized for the August 4, 2026 hearing.
DISCUSSION
Table 1: Project and Location Information
Item Information
Project Address and
Council Ward 200 East Sandpointe Avenue – Ward 4
Nearest Intersection Main Street and Sandpointe Avenue
General Plan Designation District Center – Medium Low (DC-1.5) Zoning Designation Hutton Centre Mixed Use Specific Development District – Specific Development No. 76 (SD-76), Zone 1
Surrounding Land Uses North Multifamily Residential, Office, Restaurant East Hotel and Surface Parking
South Manufacturing, Wholesale, Warehouse, Office, Parking Garage West Single-Family Residential across Main Street
Property Size 5.37 acres (233,831 square feet)
Existing Site Development 158,178 sq. ft. (gross floor area) eight-story office building and surface parking Use Permissions Multi-Family Residential, Live-Work, Retail and Service (permitted under SD76, Zone 2, as part of SB 330 request) Zoning Code Sections
Affected Uses SD-76, Section 7, #5; SAMC Section 41-593 and 41-638(a)(1); Article XVI.I (Density Bonus) City Council 21 – 3 10/20/2026
Density Bonus Agreement No. 2026-03 – Watermarke Sandpointe (200 East Sandpointe Avenue)
October 20, 2026
Project Description
The Applicant proposes a two-phase multi-family mixed-use development incorporating rental apartments and ground-floor commercial units. Upon completion of both phases, the Project will include a total of 400 residential units and approximately 13,887 square feet of commercial space. Phase 1, located on the western portion of the site, includes redevelopment of the existing surface parking area with 224 apartment units, 5,818 square feet of ground-floor commercial space, and a structured parking facility, while retaining the existing eight-story office building. Phase 2, located on the eastern portion of the site, includes demolition of the existing office building and construction of 176 apartment units and approximately 8,069 square feet of commercial space.
The Project’s residential component consists of a mix of studio, one-, and two-bedroom units ranging in size from approximately 576 square feet to 1,115 square feet offered in seven different floor plan layouts. Some residential units will feature private balconies or patios to enhance building articulation and provide additional outdoor living space for residents. The proposed residential density is 74.5 dwelling units per acre (du/acre), which is below the permitted maximum density of 90 du/acre.
The Project features a contemporary architectural style consistent with multi-family and mixed-use developments currently under construction throughout Santa Ana and the surrounding region. Building massing is articulated through varied wall planes, material transitions, and six plaster color tones. Exterior materials include metal trim, railings, and awnings, horizontal wood-like cement panels, metal panels, vertical cement board siding, and glass railings. Ground-floor commercial frontages incorporate curtain wall glazing, muted black-and-white brick veneer, and taller ceiling heights for greater transparency into the spaces. A mural wall is proposed to wrap the corner of the commercial area near Main Street by the western courtyard.
The Project provides approximately 85,960 square feet of common open space, representing 37 percent (37%) of the site area. Open space amenities include landscaped courtyards and private balconies and patios for select residential units. Although not all units include private balconies, every resident gains access to generous common open space distributed site-wide, offering seating, landscaping, and massing breaks, with select areas designed for public accessibility. The highly amenitized resident-only space on Level 7 of the parking structure provides substantial recreational and social opportunities that fully compensate for any lack of private outdoor areas on select units.
This space is designed for social and recreational use and features a 1,873-square-foot clubroom and a 2,476-square-foot fitness space with showers and restrooms, fitness, and yoga facilities. The rooftop amenity deck also includes an outdoor swimming pool and spa, cabanas, outdoor dining areas with barbeques, dining tables, trellised shade structures, lounge seating, lounge chairs, daybeds, and a fitness lawn. Lighting at the amenity deck will be conditioned to be equipped with dimmers and light shields, and fixtures shall be directed downward and away from adjacent properties to minimize spillover and glare.
City Council 21 – 4 10/20/2026
Density Bonus Agreement No. 2026-03 – Watermarke Sandpointe (200 East Sandpointe Avenue)
October 20, 2026
At the ground level, publicly accessible open space along Sandpointe Avenue will feature retail plazas with decorative accent paving, pedestrian lighting, and a variety of seating options. The resident-only east courtyard will provide additional recreational opportunities, including outdoor dining areas with barbeques, a game garden, a movie screen, a bocce ball court, and a shaded olive grove. Additional ground-level resident amenities will include a 735-square-foot business lounge, dedicated dog park and dog spa, with lighting integrated throughout the resident courtyards, public plazas, and common open space areas.
Density Bonus
Under California Density Bonus law, developers proposing five or more residential units are allowed to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law allows developers to seek up to five incentives/concessions and an unlimited number of waivers. 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 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), the Density Bonus Law does not provide a local jurisdiction with general discretion to deny these benefits based on policy preferences or because a project does not comply with development standards that are subject to an authorized incentive, concession, or waiver.
The City’s authority to deny a requested incentive or concession is expressly limited by Government Code Section 65915(d)(1). The City must grant a qualifying incentive or concession unless it makes a written finding, based upon substantial evidence, that: (1) the incentive or concession does not result in identifiable and actual cost reductions consistent with State Density Bonus Law; (2) the incentive or concession would have a specific adverse impact upon public health and safety or on property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid that impact without rendering the development unaffordable to low- and moderate-income households; or (3) the incentive or concession would be contrary to State or federal law.
The City bears the burden of proof to support denial of a requested incentive or concession.
Similarly, Government Code Section 65915(e) prohibits the City from applying a development standard that would physically preclude construction of a qualifying development at the densities or with the incentives or concessions permitted under State Density Bonus Law. A requested waiver or reduction may be denied only under the limited circumstances specified by State law, including where the waiver would result in a specific adverse impact upon health or safety for which there is no feasible method to satisfactorily City Council 21 – 5 10/20/2026
Density Bonus Agreement No. 2026-03 – Watermarke Sandpointe (200 East Sandpointe Avenue)
October 20, 2026
mitigate or avoid the impact, would adversely affect property listed in the California Register of Historical Resources, or would be contrary to State or federal law.
State law also limits the information a local jurisdiction may require from an applicant in connection with a density bonus request. Government Code Section 65915(a)(2) provides that a local government shall not condition the submission, review, or approval of a density bonus application on preparation of an additional report or study that is not otherwise required by State law. The City may require reasonable documentation necessary to establish the Project’s eligibility for the requested density bonus and applicable parking ratios. In addition, reasonable documentation may be required to establish eligibility for an incentive or concession or to demonstrate that the requested incentive or concession satisfies the statutory definition. However, the City may not shift its statutory burden to the Applicant by requiring additional studies or analyses merely to establish that the City should approve a benefit that State law otherwise requires it to grant.
Due to the Project’s five-percent (5%) affordability rate, the developer can seek one density bonus incentive/concession 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. For this Project, the developer is not requesting State density bonus benefits in the form of additional units, incentive/concessions, or waivers as part of the Project. The Density Bonus Agreement is now before the City Council for approval and memorializes the Project’s affordability requirements. The Project has been analyzed for areas of potential impact, and conditions of approval proposed for the Project are intended to address any potential impacts.
Onsite Parking
The Project proposes to utilize the State’s parking ratios for qualifying affordable housing projects pursuant to Government Code Section 65915(p), which require a maximum of one space per studio and one-bedroom unit and 1.5 spaces per two-bedroom unit. This reduction in parking standards is permitted by State Density Bonus Law and does not constitute an incentive/concession or waiver.
At full buildout, the Project will provide a total of 718 parking spaces, exceeding the overall requirement of 516 spaces by 202 spaces. The residential component requires 447 parking spaces pursuant to California Government Code Section 65915(p), which establishes the applicable parking ratios for qualifying affordable housing developments.
The commercial component requires 69 parking spaces based on a ratio of five spaces per 1,000 square feet of floor area.
City Council 21 – 6 10/20/2026
Density Bonus Agreement No. 2026-03 – Watermarke Sandpointe (200 East Sandpointe Avenue)
October 20, 2026
Table 2: Required Parking Comparison
Standard Parking Ratio Parking Calculation / Spaces Required Residential
Studio 1.0 space 1 x 29 units 29
One-Bedroom 1.0 space 1 x 277 units 277
Two-Bedroom 1.5 spaces 1.5 x 94 units 141
Retail /Service
5 spaces per 1,000 sq. ft (13,887 sq. ft. x 5) /1,000 69 Residential 447
Commercial 69
State
Density
Ratios
TOTAL Required
Total 516
Residential
Unit 2 spaces 2 x 400 800
Guest 10% of required unit spaces 10% x 800 80
Retail / Service
5 spaces per 1,000 sq. ft. (13,887 sq. ft. x 5) /1,000 69 Residential 880
Commercial 69
SD-76
TOTAL Required
Total 949
Residential
Unit 1.0 space 1 x 400 400
Studio 1.0 space 1 x 29 units 29
One-Bedroom 1.0 space 1 x 277 units 277
Two-Bedroom 2.0 spaces 2 x 94 units 188
Guest 25% of unit + bedrooms spaces 25% x 894 224
Retail /Service
5 spaces per 1,000 sq. ft (13,887 sq. ft. x 5) /1,000 69 Residential 1,118
Commercial 69
Multi-Family
Parking
TOTAL Required
Total 1,187
The Project is not anticipated to have any parking impacts. Moreover, the adjacent Sandpointe neighborhood includes existing permit-parking restrictions, including portions of Murphy Avenue and Birch Street immediately west of the Project site, as well as additional permit-parking streets located north of MacArthur Boulevard. These existing restrictions are intended to manage on-street parking demand and help preserve parking availability for neighborhood residents. However, to proactively address any neighborhood parking impacts that could result from the Project, the conditions of approval require a post-occupancy parking utilization survey and provisions requiring ongoing parking management practices throughout the life of the Project, including measures such as:
• Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the onsite parking spaces for both residents and guests; • Policies for maximum time vehicles may be parked in the surface parking spaces, including any guest parking;
• Requiring that overflow parking be directed to available spaces at the 6 Hutton Centre Drive (Griffin Towers) and 203 East Sandpointe Avenue garages; • Policies for towing unauthorized vehicles, vehicles parked in unauthorized locations (such as fire lanes), vehicles parking in surface guest parking without a sticker, hangCity Council 21 – 7 10/20/2026 Density Bonus Agreement No. 2026-03 – Watermarke Sandpointe (200 East Sandpointe Avenue)
October 20, 2026
tag, or other identifiers, and vehicles parked longer than any maximum guest parking timeframes allowed; and
• Routine garage inspections to ensure garage is available for vehicle parking.
Collectively, these design and operational measures ensure that the Project is compatible with its surroundings and will not be detrimental to the health, safety, or general welfare of nearby residents or workers.
Affordable Housing Opportunity and Creation Ordinance
The Project meets the affordable housing goal for the rental category of the City’s Affordable Housing Opportunity and Creation Ordinance (AHOCO) by providing 20 onsite units designated for households earning 30 percent (30%) of the AMI (extremely lowincome), which is currently set at $50,750 for a four-person, significantly enhancing the opportunity for income eligible Santa Ana households to rent a home in the City at a lower cost. The units will be dispersed throughout the community. These affordable units will consist of one studio, 14 one-bedroom, and five two-bedroom units, ranging from 576 to 1,115 square feet in size and will contain full kitchens, bathrooms, and open/common (living) areas. The developer’s Inclusionary Housing Plan has been reviewed and approved by the City’s Housing Division.
Table 3: Affordable Unit Breakdown
Unit Type Units
Affordable
Units in
Project Percent of Unit Type
Studio (576 sq. ft.) 1 29 3%
One-Bedroom (710-735 sq. ft.) 14 277 5%
Two-Bedroom (1,067-1,115 sq. ft.) 5 141 4%
Total 20 400
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 Sandpointe Neighborhood Association 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 Applicant submitted CEQA analysis for a project consisting of 400 dwelling units, 13,887 square feet of commercial space, and eight levels of parking. The City retained Ascent Environmental, Inc. to conduct an independent peer review, which concluded that the analysis and findings are adequate to support the City’s determination. The Project was City Council 21 – 8 10/20/2026
Density Bonus Agreement No. 2026-03 – Watermarke Sandpointe (200 East Sandpointe Avenue)
October 20, 2026