RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING DENSITY BONUS AGREEMENT
NO. 2026-0005 FOR A THREE-STORY RESIDENTIAL
TOWNHOUSE DEVELOPMENT CONSISTING OF 40
RESIDENTIAL UNITS, INCLUDING FOUR UNITS
PROPOSED AS AFFORDABLE TO MODERATE-INCOME
HOUSEHOLDS, FOR THE PROPERTY LOCATED AT 2030
E. FOURTH STREET (APN: 400-082-02)
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. C&C N. Harbor LLC (“Owner” and “Applicant”), represented by Mike VanBuskirk of VBK Consulting (application-listed contact person), requests approval of Density Bonus Agreement No. 2026-0005 to facilitate the development of a three-story, 40-unit, for-sale townhome community, including four (4) affordable units reserved for moderate-income households, for the property located at 2030 East Fourth Street (“Project”).
B. California Government Code Sections 65915 through 65918 (“State Density Bonus Law”) allow qualifying housing developments that provide affordable housing units to obtain density bonuses and other benefits, including incentives or concessions, waivers or reductions in development standards, and reduced parking requirements.
C. The Project includes four (4) deed-restricted affordable units reserved for moderate-income households, affordable units, representing 10 percent of the Project’s total residential units, and is therefore eligible to utilize the provisions of State Density Bonus Law.
D. Section 41-1607 of the Santa Ana Municipal Code (“SAMC”) requires an application for a deviation, including incentives or concessions and/or waivers or reductions in development standards, to be approved by the Planning Commission.
E. The Project does not request a numerical density bonus, but qualifies for one incentive or concession and unlimited waivers or reductions in development standards and while the Project does not utilize the available incentive or concession, it is requesting one waiver from the MEMU publicly accessible open space requirement.
F. Specifically, Section 4.5 of the MEMU requires approximately 6,797 square feet of publicly accessible open space. The Project provides approximately 3,210 square feet of publicly accessible open space. Accordingly, the Applicant requested a waiver from the open space development standard, pursuant to California Government Code Section 65915.
G. On September 14, 2026, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and, at that time, considered all testimony, written and oral, and based on required findings, approved Site Plan Review No. 2026-0004 and Vesting Tentative Tract Map No. 2026- 0009 and approved the one (1) waiver or reduction in development standards, to be memorialized in Density Bonus Agreement No. 2026-0005.
H. Pursuant to SAMC Section 41-1602(d), approval of Density Bonus Agreement No. 2026-0005 is within the purview of the City Council.
I. On October 20, 2026, the City Council of the City of Santa Ana held a regular meeting and considered Density Bonus Agreement No. 2026-0005.
J. The City Council hereby approves Density Bonus Agreement No. 2026- 0005. The Agreement memorializes the affordable housing obligations, the waiver approved by the Planning Commission, and other terms necessary to implement the Project pursuant to State Density Bonus Law and SAMC Chapter 41, Article XVI.I.
Section 2. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the proposed Project qualifies for a statutory exemption from further review pursuant to Public Resources Code Section 21080.66, enacted through Assembly Bill No. 130 (AB 130) in 2025. To qualify for this statutory exemption, a project must satisfy the following eligibility criteria:
• The project must be residential or mixed-use, with residential uses comprising at least two-thirds of the total project area.
• The project must be consistent with the applicable General Plan and zoning ordinance.
• The project site must not exceed 20 acres in size, or five (5) acres if the project qualifies under the Builder’s Remedy provisions.
• The project must provide a minimum density of 15 dwelling units per acre. • The project must not involve the demolition of a historic structure. • The project site must be located within an urbanized area. • The project site must not be located on prime farmland, wetlands, within a high fire hazard severity zone, earthquake fault zone, floodplain, habitat for protected species, or land subject to a conservation easement.
• The project site must not be listed as a hazardous waste site. • The project must complete Phase I and Phase II Environmental Site Assessments, as applicable.
• The project must evaluate its proximity to freeways; if located within 500 feet of a freeway, appropriate Minimum Efficiency Reporting Value (MERV) filtration measures must be incorporated.
• The project must complete tribal consultation in accordance with applicable state requirements.
• Unlike the categorical exemptions contained in the CEQA Guidelines, Public Resources Code Section 21080.66 establishes a statutory exemption enacted by the Legislature for qualifying residential and mixed-use housing developments that satisfy the eligibility criteria prescribed by statute.
The proposed Project satisfies all applicable eligibility criteria listed above. As part of the review process, the City contacted the Native American Heritage Commission (NAHC) to obtain a list of tribes that may have an interest in consulting on the Project. The NAHC provided a list of 12 tribes, all of which were contacted by City staff. Of the tribes contacted, the Juaneño Band of Mission Indians and the Gabrieleno Band of Mission Indians - Kizh Nation requested consultation and consulted with City staff. During consultation, the tribe requested tribal monitoring during ground-disturbing activities. In response, conditions of approval requiring tribal monitoring have been incorporated into the resolutions approving the Project.
In addition, the Applicant prepared an AB 130 Eligibility Memorandum to evaluate the Project’s qualification for the statutory exemption and to document the completion of the required Phase I Environmental Site Assessments with assistance from Integrated Property Analysis, Inc, the Applicant’s environmental consultant. The memorandum was reviewed by City staff and determined to adequately demonstrate the Project’s compliance with the requirements of Public Resources Code Section 21080.66. Based on this analysis, the Project satisfies the eligibility requirements of Public Resources Code Section 21080.66 and therefore qualifies for a statutory exemption from CEQA.
Accordingly, a Notice of Exemption, Environmental Review No. 2025-7, will be filed following Project approval.
Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.
Section 4. The City Council of the City of Santa Ana, at its regular meeting, hereby approves Density Bonus Agreement No. 2026-0005 and authorizes the City Manager to execute the Agreement in a form approved by the City Attorney. This approval is based on the written materials submitted, including: The Planning Commission Staff Report dated September 14, 2026, and the Request for City Council Action dated October 20, 2026, and their respective exhibits.
Section 5. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this resolution.
ADOPTED this ____day of _____________, 2026.
_______________________
Valarie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-XX to be the original resolution adopted by the City Council of the City of Santa Ana on October 20, 2026.
Date: ________________ ____________________________________ City Clerk
City of Santa Ana