RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING DENSITY BONUS AGREEMENT
NO. 2025-04 FOR A MULTI-FAMILY DEVELOPMENT WITH
SIXTY-ONE UNITS, INCLUDING THREE UNITS
PROPOSED AS AFFORDABLE TO VERY LOW-INCOME
HOUSEHOLDS FOR THE PROPERTY LOCATED AT 4320
WEST FIRST STREET AND 201 SOUTH MOUNTAIN VIEW
STREET (APNs: 188-021-11, 188-021-12, & 188-021-10)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:
A. Santa Ana MV LLC (“Owner”), represented by Storm Bird of Storm Properties, Inc. (“Applicant”), requests approval of Density Bonus Agreement No. 2025-04 to facilitate the development of a 61-unit for-sale townhome development, including three (3) affordable units reserved for very lowincome households, located at 4320 West First Street and 201 South Mountain View 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 three (3) deed-restricted affordable housing units reserved for very low-income households, representing five 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 (incentives/concessions and/or waivers or reductions) to be approved by the Planning Commission.
E. The Project requests a numerical density and one incentive/concession. In addition, the Project proposes to utilize the parking standards set forth in California Government Code Section 65915(p) for qualifying affordable housing developments. The Project provides 135 parking spaces, which exceeds the applicable parking requirement of 122 spaces. Utilization of the parking standards established by State Density Bonus Law does not constitute an incentive, concession, waiver, or reduction in development standards.
F. Specifically, General Plan UN-20 allows a maximum floor area ratio (“FAR”) of 1.0. The Project proposes a combined habitable and garage floor area with an FAR of 1.21, exceeding the maximum limit. Accordingly, the Applicant requested a concession/incentive to exceed the maximum FAR 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 Vesting Tentative Tract Map (“VTTM”) No. 2025-04 (County Map No. 19391) and approved the one (1) incentive/concession, to be memorialized in Density Bonus Agreement No. 2025-04.
H. Pursuant to SAMC Section 41-1602(d), approval of Density Bonus Agreement No. 2025-04 is within the purview of the City Council.
I. On October 6, 2026, the City Council held a regular meeting at which Density Bonus Agreement No. 2025-04 was scheduled for consideration. At that meeting, the City Council continued the item to October 20, 2026.
J. On October 20, 2026, the City Council held a regular meeting and considered Density Bonus Agreement No. 2026-04.
K. The City Council hereby approves Density Bonus Agreement No. 2025-04.
This Agreement memorializes the affordable housing obligations, the incentive/concession approved 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 requirements of the CEQA, as amended (Section 21000 et. seq. of the Public Resources Code) and in accordance with the State CEQA Guidelines (Title 14, Section 15000 et. seq. of the California Code of Regulations), an Initial Study and Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared for the Project. The purpose of the IS/MND is to describe the proposed Project and to provide an evaluation of potential environmental impacts associated with the Project’s construction and operation.
Moreover, the IS/MND evaluates the potential environmental impacts of project implementation; includes significance determinations from the environmental analyses; identifies regulatory requirements to be incorporated into the project; and sets forth mitigation measures that will lessen or avoid potentially significant project impacts on the environment.
The City of Santa Ana is the Lead Agency for the Project pursuant to CEQA Guidelines Section 15367. The IS/MND and MMRP were circulated for public review in accordance with CEQA requirements. The Planning Commission has reviewed and considered the environmental documentation and recommends that the City Council independently review and consider the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prior to taking action on the related legislative approvals.
The IS/MND concluded that the Project could result in potentially significant environmental impacts; however, with incorporation of the identified mitigation measures and compliance with applicable conditions of approval, all impacts would be reduced to a less-than-significant level. Possible impacts identified in the IS/MND include those related to Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Tribal Cultural Resources, and Mandatory Findings of Significance. • MM AQ-1: The Project Applicant shall require contractors to use off-road diesel construction equipment of 50 horsepower or greater that complies with EPA/CARB Tier 4 emissions standards or equivalent and is properly maintained. • MM BIO-1: If ground disturbance or removal of trees, shrubs, or other nesting habitat occurs during the avian nesting season, the Project Applicant shall retain a qualified biologist to conduct a pre-construction nesting bird survey and require avoidance of active nests with the applicable buffer.
• MM CUL-1: If previously undiscovered cultural resources are encountered, the Project Applicant shall halt work in the immediate area and retain a qualified archaeologist to evaluate the find and determine appropriate treatment. • MM GEO-1: The Project Applicant shall ensure geotechnical recommendations are incorporated into the project plans and verified by the City Engineer. • MM GEO-2: The Project Applicant shall retain a Society of Vertebrate Paleontology-qualified paleontologist to review the proposed work and determine the potential to impact paleontological resources.
• MM GEO-3: The Project Applicant shall require paleontological monitoring for ground-disturbing activities that may impact undisturbed native Holocene to Pleistocene-aged soil and bedrock, as determined by a qualified paleontologist in consultation with the City of Santa Ana.
• MM GEO-4: If fossils are determined to be significant, the qualified paleontologist shall prepare and implement a data recovery plan, including curation and final reporting.
• MM GEO-5: The Project Applicant shall ensure construction personnel are informed on identification of paleontological resources and procedures for unanticipated discoveries.
• MM HAZ-1: The Project Applicant shall prepare a Soil Management Plan and make it available to the contractor and City Engineer for use during earthwork at the site. • MM TCR-1: The Project Applicant shall retain a Native American Monitor acceptable to the Gabrieleño Band of Mission Indians – Kizh Nation and submit the executed monitoring agreement to the City.
• MM TCR-2: Upon discovery of tribal cultural resources, the Applicant shall require work to halt within at least 50 feet until evaluated by a qualified monitor or archaeologist, with treatment directed by the Tribe.
• MM TCR-3: If Native American human remains and/or grave goods are discovered or recognized, the Project Applicant shall comply with applicable State law, preserve the remains in place where feasible, and keep the discovery confidential.
The IS/MND’s analysis determined that the above-mentioned environmental categories would cause no substantial adverse change to the environment with the inclusion of the enforceable mitigation measures, that would be adopted by the City. Based on the whole of the administrative record, including the Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program, the City Council finds that the proposed Project will not have a significant effect on the environment with implementation of the adopted mitigation measures and adopt the IS/MND and MMRP in conjunction with the related project approvals. Based on this analysis, a Notice of Determination, Environmental Review No. 2025-47, will be filed for this Project.
Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether 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. 2025-04 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 20th day of October, 2026.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-XX to be the original resolution adopted by the City Council Commission of the City of Santa Ana on October 20, 2026.
Date: ________________ ____________________________________ Jennifer L. Hall
City Clerk
City of Santa Ana