HomeMy WebLinkAboutSANTA ANNA FIRST STREET, LLCINSURANCE NOT REQUIRED
WORK NlAY PROCEEDA�2015-305
CLERK OF COUN011-
n'' JUN 19 2019
,. RECORDING REQUESTED BY
A ij.) AND WHEN RECORDED MAIL TO: �v
Ity of Santa Ana �
�� A e<
`�150 Civic Center Plaza L. 4�
Santa Ana, California 92701
Attention: City Clerk
To be recorded without fee. (Space Above This Line For Recorder's Use Only)
(Government Code, §§ 6103 and 27383)
INCLUSIONARY HOUSING AGREEMENT
FOR PAYMENT OF IN -LIEU FEE
THIS INCLUSIONARY HOUSING AGREEMENT is dated as of
, 2019, by and between the CITY OF SANTA ANA, a charter city and
municipal corporation organized and existing under the Constitution and laws of
the State of California ("City"), and SANTA ANNA FIRST STREET, LLC
("Developer").
RECITALS
A. The City's Housing Opportunity Ordinance ("Ordinance") was originally
adopted by the City Council on November 28, 2011, and is codified in
Article XVI11.1 Section 41 — 1900 of the City's Municipal Code, The
Ordinance was amended by the City Council on September 1, 2015, by
Ordinance No. NS-2881, and on October 6, 2015, by Ordinance No. NS-
2885.
B. Santa Anna First Street, LLC, is the current fee owner of the property
located at 1660 East First Street, Santa Ana, California ("Property").
C. The Developer desires to, at the Developer's sole cost and expense,
develop the Elan, a six -hundred and three 603) unit mixed -use project on
the Property ("Project").
D. On October 22, 2018, the Planning Commission adopted Resolution No.
2018-34 to approve Site Plan Review No. 2018-02, which sets forth the
City Approvals for the Project.
E. The Program Director, acting on behalf of the City, approved an
Inclusionary Housing Plan that was prepared by the Developer in
accordance with the requirements imposed by the Ordinance and the
_Tn—clusionary Housing Agreement - In -Lieu Fee Payment Page 1
City of Santa Ana
Administrative Procedures Manual established by the City Council to
implement the Ordinance requirements.
F. This Inclusionary Housing Agreement, when fully executed by the City and
the Developer, and then recorded, is intended to satisfy the requirement
that the Developer enter into an Inclusionary Housing Agreement, as set
forth in the Ordinance and the conditions to City Approvals.
NOW, THEREFORE, in consideration of the mutual promises set forth in this
Inclusionary Housing Agreement and other good and valuable consideration, the
receipt and sufficiency of which is acknowledged by the City and the Developer,
the Parties, agree as follows:
DEFINITIONS OF TERMS
The following words, terms and phrases are used in this Inclusionary Housing
Agreement, as follows, unless the particular context of usage of a word, term or
phrase requires another interpretation:
Administrative Procedures means the regulations promulgated by the
Executive Director pursuant to the Ordinance.
Administrative Procedures Manual is the Affordable Ownership Housing
Administrative Procedures Manual — Developer Requirements dated January
2014, which has been prepared by the City for the implementation and
enforcement of the Ordinance. A copy of the Administrative Procedures Manual
shall be maintained on file with the City, and shall be provided to each Developer
of Inclusionary Units.
City means the City of Santa Ana, California.
City Approvals are defined as the entitlement approvals and the Inclusionary
Housing Plan that must be approved by the Program Director prior to the
issuance of building permits for the Project.
City Council means the City of Santa Ana City Council.
Default means the failure of a Party to perform any action or covenant required
by this Inclusionary Housing Agreement within the time period provided herein
following notice and opportunity to cure, as set forth in Article 3 — Section I of this
Inclusionary Housing Agreement.
Developer means the owner and developer of the Project.
Indusionary Housing Agreement - In -Lieu Fee Payment Page 2
City of Santa Ana
Effective Date means the date on which this Inclusionary Housing Agreement is
approved and executed by appropriate authorities of the Developer and the City;
and this Inclusionary Housing Agreement is delivered to the Developer.
Executive Director is the Executive Director of the Community Development
Agency of the City. The Executive Director, or designee, has the ultimate
authority to evaluate appeals submitted in relation to the Administrative
Procedures.
Exhibits means the exhibits to this Inclusionary Housing Agreement, which are
listed in Article 1 - Section V.
Inclusionary Housing Fund means a separate fund of the City, which is
codified in Article XVIII.1 Section 41-1909 of the City's Municipal Code. The fund
was established for the specific purpose of providing the City with funds to assist
in the development of housing that is affordable to low and moderate income
households. The allowable uses of Inclusionary Housing Funds and the related
reporting are described in Attachment I of the Administrative Procedures Manual.
Inclusionary Housing Plan means a plan submitted for approval to the Program
Director that details the manner in which the Inclusionary Housing obligations will
be fulfilled by the Project. The Inclusionary Housing Plan form is presented in
Attachment B of the Administrative Procedures Manual. The Inclusionary
Housing Plan submitted by Developer is attached hereto as Exhibit 3 to this
Inclusionary Housing Agreement.
In -Lieu Fee refers to a fee that may be paid by the Developer in specific
circumstances in lieu of providing Inclusionary Units within a Project. These
circumstances are identified in Section II -A of the Administrative Procedures
Manual. The In -Lieu Fee calculation worksheet is updated quarterly. The
current Affordable Housing In -Lieu Fee calculation worksheet schedule is
presented in Attachment J of the Administrative Procedures Manual.
Ordinance means the Housing Opportunity Ordinance originally adopted by the
City Council on November 28, 2011, and as amended by the City Council on
September 1, 2015, by Ordinance No. NS-2881, and on October 6, 2015, by
Ordinance No. NS-2885, which is codified in Article XVIIIA Section 41-1900, et
seq. of the City's Municipal Code.
Party and Parties mean the City and the Developer as parties to this
Inclusionary Housing Agreement.
Program Director has the day-to-day authority for making determinations
related to the Ordinance and Administrative Procedures Manual. The Program
Director will be appointed by the Executive Director.
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 3
City of Santa Ana
Project means the housing project proposed to be developed on the Property at
the Developer's sole cost and expense.
Property means the real property, as shown on Exhibit 2 attached to this
Inclusionary Housing Agreement, on which the Project is to be developed, for
which the legal description is provided in Exhibit 1 to this Inclusionary Housing
Agreement.
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 4
City of Santa Ana
ARTICLE 1
PARTIES; REPRESENTATIONS AND WARRANTIES; EFFECTIVE
DATE; RECITALS; AND EXHIBITS
I. Parties to this Inclusionary Housing Agreement
I -A. City. The City is a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California. The
address of the City, for the purposes of this Inclusionary Housing
Agreement, is:
City of Santa Ana
Community Development Agency
20 Civic Center Plaza, M-26
Santa Ana, California 92701
Attention: Program Director
Facsimile Number: (714) 647-6549
1-13. Developer. The Developer is a California limited liability company. The
principal office and address of the Developer, for the purposes of this
Inclusionary Housing Agreement, is:
Santa Anna First Street, LLC
c/o Wermers Properties
5120 Shoreham Place, #150
San Diego, CA 92122
Attention: Branden Wermers
Tel: (858) 535-1475
II. Developer Representations and Warranties
The representations and warranties of the Developer contained in Article 1 —
Section II shall be based upon the actual knowledge of the Developer as of the
Effective Date, and are true and correct as of the Effective Date. The
Developer's liability for misrepresentation or breach of warranty, representation
or covenant, wherever contained in this Inclusionary Housing Agreement, shall
survive the execution and delivery of this Inclusionary Housing Agreement.
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 5
City of Santa Ana
The Developer hereby makes the following representations, covenants and
warranties, and Developer acknowledges that the execution of this Inclusionary
Housing Agreement by the City has been made in material reliance by the City
on such covenants, representations and warranties:
II -A. The Developer is a California limited liability company, lawfully entitled to
do business in the State of California and the City. The Developer has the
legal right, power and authority to enter into this Inclusionary Housing
Agreement and the instruments and documents referenced herein and to
consummate the transaction contemplated hereby. The persons
executing this Inclusionary Housing Agreement and the instruments
referenced herein on behalf of the Developer hereby represent and
warrant that such persons have the power, right and authority to bind the
Developer.
II-13. The Developer has taken all requisite action and obtained all requisite
consents in connection with entering into this Inclusionary Housing
Agreement and the instruments and documents referenced herein and the
consummation of the transactions contemplated hereby, and no consent
of any other party (other than the property owner) is required for the
Developer's authorization to enter into this Inclusionary Housing
Agreement.
II-C. Neither the execution of this Inclusionary Housing Agreement nor the
consummation of the transactions contemplated hereby shall result in a
breach of or constitute a default under any other agreement, document,
instrument, or other obligation to which the Developer is a party or by
which the Developer may be bound, or to the Developer's knowledge,
under any law, statute, ordinance, governmental regulation or any writ,
injunction, order or decree of any court or governmental body applicable to
the Developer or to the Property.
II-D. This Inclusionary Housing Agreement is, and all agreements, instruments
and documents to be executed by the Developer pursuant to this
Inclusionary Housing Agreement shall be duly executed by, and to the
best of the Developer's knowledge, are or shall be valid and legally
binding upon the Developer and enforceable in accordance with their
respective terms.
III. Effective Date
This Inclusionary Housing Agreement is dated , 2019, for
reference purposes only. This Inclusionary Housing Agreement shall not go into
effect before the Effective Date.
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City of Santa Ana
IV. Recitals
The Recitals set forth above are true and correct. The Recitals are incorporated
into this Inclusionary Housing Agreement in their entirety by this reference.
V. Exhibit List
The following is a list of the exhibits attached to this Inclusionary Housing
Agreement. Each of the exhibits is incorporated by reference into the text of this
Inclusionary Housing Agreement:
Exhibit 1 Legal Description of Property
Exhibit 2 Site Map Depicting Property and Zoning Designations
Exhibit 3 Inclusionary Housing Plan
Indusionary Housing Agreement - In -Lieu Fee Payment Page 7
City of Santa Ana
ARTICLE 2
INCLUSIONARY HOUSING COVENANTS
I. Developer Compliance with the Ordinance
The Developer acknowledges that the City has provided the Developer with
copies of the Ordinance and the Administrative Procedures Manual. The
Developer is familiar with the requirements of all the foregoing documents and
shall ensure that the Project complies in all material respects with this
Inclusionary Housing Agreement and the requirements set forth in all the
foregoing documents.
II. In -Lieu Fee
In lieu of providing any Inclusionary Units, the Developer shall pay to the City the
sum of $7,680,330.00, as detailed in the Inclusionary Housing Plan attached
hereto as Exhibit 3, prior to obtaining the first building permit related to the
Project.
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 8
City of Santa Ana
ARTICLE 3
DEFAULTS AND REMEDIES
I. Default
If either Party defaults with regard to any provision of this Inclusionary Housing
Agreement, the non -defaulting Party shall serve written notice of such default
upon the defaulting Party. If, after the service of written notice of such default,
the defaulting Party does not cure such default within thirty (30) calendar days
after service of the notice of default (or, if such cure reasonably takes longer than
thirty (30) days, if such cure has not been commenced within the thirty (30) day
period or is not diligently completed within a reasonable time, not to exceed an
additional sixty (60) calendar days), the defaulting Party shall be in Default of the
terms of this Inclusionary Housing Agreement, and may be liable to the other
Party for damages caused by such Default. Alternatively, the non -defaulting
Party, at its option, may institute an action for specific performance of the terms
of this Inclusionary Housing Agreement.
II. Legal Actions
In the event of a breach or potential breach of program requirements, in addition
to any other rights or remedies, either Party may institute legal action to cure,
correct or remedy any Default, to recover damages for any Default, or to obtain
any other remedy consistent with the purposes of this Inclusionary Housing
Agreement.
II -A. In the event of a Developer Default, the City's actions may include, but are
not limited to, the following:
1. The following legal actions:
a. Actions to enforce compliance with the program requirements and
to enjoin any actions by the Developer that violate program
requirements;
b. Actions to disapprove, revoke or suspend any permit, including a
Building Permit, Certificate of Occupancy or other discretionary
approval;
C. Injunctive relief and damages; or,
d. Civil citations with monetary penalties for violations of the
Inclusionary Housing Agreement.
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City of Santa Ana
2. All such restitution shall be made to the City. Any funds received by the
City under this provision of this Inclusionary Housing Agreement shall be
placed in the City's Inclusionary Housing Fund.
II-B. The laws of the State of California shall govern the interpretation and
enforcement of this Inclusionary Housing Agreement.
II-C. In the event that any legal action is commenced by the Developer against
the City, service of process on the City shall be made by personal service
upon the Clerk of the City Council, or in such other manner as may be
provided by law.
III-D. In the event that any legal action is commenced by the City against the
Developer, service of process shall be made by personal service on the
Developer's designated agent at such address as may be specified in
written notice to the City, or in such other manner as may be provided by
law, and shall be valid whether made within or without the State of
California.
Ill. Rights and Remedies are Cumulative
The rights and remedies of the Parties are cumulative and the exercise by either
Party of one or more of such 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.
Indusionary Housing Agreement - In -Lieu Fee Payment Page 10
City of Santa Ana
ARTICLE 4
GENERAL PROVISIONS
I, Notices, Demands and Communications between the Parties
Any and all notices, demands or communications submitted by any Party to
another Party pursuant to, or required by, this Inclusionary Housing Agreement
shall be proper if in writing and dispatched by messenger for immediate personal
delivery, or by registered or certified United States mail, postage prepaid, return
receipt requested, to the address of the City and Developer, as applicable, as
designated in Article 1 — Section I of this Inclusionary Housing Agreement, Such
written notices, demands and communications may be sent in the same manner
to such other addresses as either Party may from time -to -time designate as
provided in this Section.
Any notice, demand or communication shall be deemed to be received by the
addressee, on the day that it is personally delivered, if dispatched by messenger,
or two (2) calendar days after it is placed in the United States mail. In addition to
the submission of notices, demands or communications to the Parties via United
States mail, copies of all notices shall also be delivered by facsimile to the
facsimile numbers designated in Article 1 — Section I.
II. Conflict of Interest
No council member, official, contractor, consultant, attorney or employee of the
City having any conflict of interest, direct or indirect, related to this Inclusionary
Housing Agreement, or in the development of the Property, shall participate in
any decision relating to this Inclusionary Housing Agreement. The Parties
represent and warrant that they do not have knowledge of any such conflict of
interest.
III. Non -liability of City or City Officials and Employees
No council member, official, contractor, consultant, attorney or employee of the
City shall be personally liable to the Developer, any voluntary or involuntary
successors and assignees, or any lender or other party holding any interest in
the Property, in the event of any default or breach by the City, or for any amount
which may become due to the Developer or to its successors or assignees, or on
any obligations arising under this Inclusionary Housing Agreement.
IV. Indemnification
The Developer agrees to indemnify and hold the City, and their officers,
employees and agents, harmless from and against all damages, judgments,
Induslonary Housing Agreement - In -Lieu Fee
City of Santa Ana
costs, expenses and fees arising from or related to any negligent or wrongful act
or omission of the Developer in performing its obligations hereunder. The City
agrees to indemnify and hold the Developer and its officers, employees and
agents, harmless from and against all damages, judgments, costs expenses and
fees arising from or related to any negligent or wrongful act or omission of the
City in performing its obligations hereunder.
Va No Waiver
Failure to insist upon strict compliance with any of the terms, covenants,
conditions and restrictions hereof on any one occasion shall not be deemed a
waiver of such term, covenant, condition or restriction. Any waiver or
relinquishment of rights or powers hereunder at any one time or more times shall
not be deemed a waiver or relinquishment of such other rights or powers at any
other time or times.
VI. Attorneys' Fees and Costs
If either Party hereto files any action, or brings any action or proceeding against
the other arising out this Inclusionary Housing Agreement, the prevailing Party
shall be entitled to recover its reasonable attorneys' fees and costs. The
recovery shall be treated as an element of its costs of the suit, and not as
damages. The amount of the recovery shall be fixed by the court in such action
or proceeding, or in a separate action or proceeding brought to recover such
attorneys' fees and costs.
VII. Jurisdiction and Venue
Any legal action or proceeding concerning this Inclusionary Housing Agreement
shall be filed and prosecuted in the appropriate State of California court in
Orange County, California. Each Party hereto irrevocably consents to the
personal jurisdiction of that court. The City and the Developer each hereby
expressly waive the benefit of any provision of federal or state law or judicial
decision providing for the filing, removal, or change of venue to any other court or
jurisdiction, including without implied limitation, federal district court due to any of
the following:
1. Any diversity of citizenship between the City and the Developer; or
2. The fact that the City is a party to such action or proceeding; or
3. That a federal question or federal right is involved or alleged to be
involved.
Without limiting the generality of the foregoing, the Developer and the City
specifically waive any rights provided to it pursuant to California Code of Civil
Procedure 394. The Developer acknowledges that the provisions of this Article 3
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 12
City of Santa Ana
— Section VII are material consideration to the City for its entry into this
Inclusionary Housing Agreement, in that the City will avoid the potential cost,
expense and inconvenience of litigating in a distant forum.
Vill. Successors and Assigns
This Inclusionary Housing Agreement shall be binding upon, and inure to the
benefit of, the Parties hereto and their respective heirs, executors,
administrators, legal representatives, successors and assigns.
IX. No Third Party Beneficiaries
The performance of the City's and the Developer's respective obligations under
this Inclusionary Housing Agreement are not intended to benefit any party other
than the City or the Developer, except as expressly provided otherwise herein.
No person or entity not a signatory to this Inclusionary Housing Agreement shall
have any rights or causes of action against any Party to this Inclusionary Housing
Agreement as a result of that Party's performance or non-performance under this
Inclusionary Housing Agreement, or for the enforcement of any provisions of this
Agreement, except as expressly provided otherwise herein.
X. Entire Agreement
This Inclusionary Housing Agreement integrates all of the terms and conditions
mentioned herein or incidental hereto. This Inclusionary Housing Agreement
supersedes all negotiations or previous agreement between the Parties with
respect to all or any portion of the Property and the Project thereof.
XI. Recordation
The Developer and the City agree to permit recordation of this Inclusionary
Housing Agreement, against the Property in the Office of the County Recorder of
Orange County, California. The legal description for the Property is provided in
Exhibit 1 to this Inclusionary Housing Agreement.
XII. Termination
Except as set forth elsewhere, this Inclusionary Housing Agreement shall be
terminated after payment of in -lieu fee to City, which shall occur prior to
Developer obtaining its first building permit.
Upon the termination of this Inclusionary Housing Agreement, the Developer
shall have no further obligations or liability hereunder. The City and the
Developer agree to promptly execute, acknowledge and deliver for recordation
any documents that may be necessary to remove this Inclusionary Housing
Agreement as an encumbrance against title to any portion of the Property.
Indusionary Housing Agreement - In -Lieu Fee Payment Page 13
City of Santa Ana
SIGNATURE PAGE
TO
INCLUSIONARY HOUSING AGREEMENT
IN WITNESS WHEREOF, the Parties hereto have duly executed this
Inclusionary Housing Agreement as of the dates set forth below.
ATTEST:
.0
0
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
CITY:
CITY OF SANTA ANA
A California Charter City and Municipal
Corporation
Kristine Ridge
City Manager
Indusionary Housing Agreement - In -Lieu Fee Payment Page tq
City of Santa Ana
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 )
On June 12, 2019 before me, Rosa A. Flores, Notary Public
(insert name and title of the officer)
personally appeared Kristine Ridge, who proved to me on the basis of satisfactory evidence to be
the person(g) whose name(,a') is aar--e subscribed to the within instrument and acknowledged to me
that-he/she/thay executed the same in Eris/her/their authorized capacity(ies), and that by #pis/her/fthetr
signatureW on the instrument the person(,s'), or the entity upon behalf of which the persono) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
ROSA A, FLORES
Notary Public - California
Orange County i
Commission f 2228450
Signature �jogl'
My Comm. Eupires Feh 7, 2022
Q t (Seal)
SIGNATURE PAGE
TO
INCLUSIONARY HOUSING AGREEMENT
SANTA ANNA FIRST STREET, LLC:
A California limited liability company
M
?IR I fl
Its:
Date:
Indusionary Housing Agreement - In -Lieu Fee Payment Page 15
City of Santa Ana
LEG L
• , -�
The land referred to herein below Is situated in the City of Santa Ana, in the
County of Orange, State of California, and Is described as follows:
Parcels 1 and 2 of parcel map number 82-887, in the City of Santa Ana, County
of Orange, State of California, as shown on a map filed In Book 181, Pages 11
and 12 of parcel maps, In the office of the County Recorder of Orange County,
California.
APN: 402-222-01 (affects parcel 1) and 402-222-04 (affects parcel 2).
Indusl= Housing Ageeemenl— In-Ueu Fee Payment
aty of Santa Ana
EXHIBIT 2
SITE MAP DEPICTING PROPERTY AND ZONING DESIGNATIONS
Inclusionary Housing Agreement— In -Lieu Fee Payment
City of Santa Ana
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EXHIBIT 3
INCLUSIONARY HOUSING PLAN
Inclusionary Housing Agreement— In -Lieu Fee Payment
City of Santa Ana
Planning and Building Agency
I Planning Division
I 20 Civic Center Plaza
P.O. Box 1988 (M-20)
f I I Santa Ana, CA 92702
1 (714) 547.5804
wvAH.santa-ana.org INCLUSIONARY HOUSING PLAN
OWNER/APPLICANT INFORMATION
Legal Owner Santa Anna First street LLC
851-7ss-8521
Full Name or Parson, Firm or Corporation
Area Code Phone Number
1370 Jet Stream Dr. #100. Henderson, NV 83052
L
Mailing Address
kenCode Fax Number
Applicant Wermors Propertloo
1...._1
Full Name of Person, Firm or Corporatlon
Area Code Phone Number
5 t20 Shoreham Place F150, San Diego, CA 92122
858-536-1475
Malting Address
Area Code Fax Number
Contact Person Branches Warman;
brandenw0wormerspropedles.rom
Full Name of Parson, Firm or Corporation
Email address
5120 Shoreham Place p 150, San Diego, CA 02122
Malting Address
' tt
Area Code Phone Number Area Code Mobile Phone Number
Area Code Fax Number
PROJECT DESCRIPTION
Project Address: 1660 East is Streal, Santa Ana, CA 92701
Assessor Parcel Number(s): 402-222.01, 402-222-04
Total Number of Units Proposed: 60.1
Number of Affordable Housing Units Required:
15% Inciusionary Housing Obligation for Low -Income Households (Ownership):
15% Inclusionary Housing Obligation for Low -Income Households (Rental): 91
10% Incluslonary Housing Obligation for Very Low -Income Households (Rental only): -_
Number of Rental Units: 603 Number of For -Sale Units: _
Identify the Gross Habitable Area of the Proposed Project': 512,022 square feet
Will the Project be Constructed in Phases? x Yes No
Is a Density Bonus or Concessions being Requested? ______ Yes x No
CITY APPROVALS (if applicable)
�nA,rPPPROVE Q DENY
Signature: CG�� L'G/G� / Date:
INCLUSIONAF&OUSiNG PLAN NO. �� + Gq 0 0 Z
I This calculation is measured from the exterior wall of residential units and does not include exterior hallways, common areas,
landscape, open space or exterior stairways.
Page 1 of 4
11r1S
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OPTIONS TO SATISFY INCLUSIONARY
Select the applicable option to Indicate how the pmjed will comply with the Incluslonary housing
requirement:
Option # 1. On -Site Construction of Incluslonary Units (15% Low -Income)
Option # 2. On -Site Construction of Incluslonary Units (10ah Very Low Income)
Option # 3. Off -Me Construction of New Incluslonary Units
Option # 4. Off -Site Rehabilitation of Incluslonary Units Within a Designated
Target Areal
Option # S. Off -She Rehabilitation of Induslonary Units Outside a
Designated Target Area'
Option # S. x In -Lieu Fee Payment for Entire Obligation
Option # 7. In -Lieu Fee Payment for Fractional Unit
Fee Schedule for In -Lieu Fee Payment
Total Number of Residential Units
Fee Per Sousse Footage of Habitable Space
5 units to 20 units
$5.001 SF
More than 20 units
$16.001 SF
Pipeline Proects
$9.351 SF
Estimated In Llau Fee Calculation:
SIZO22 SF (Total Habitable Space) X $ 15 Fee1SF = $ 7.680,330 Total In -Lieu Fee
'See Exhibit A for more detailed Information.
Location of the Incluslonary Units Standards:
The Housing Opportunity Ordinance provides the following standards for the Incluslonary Units
location within the Project in relationship to non-Incluslonary Units. All Incluslonary Units shall
be:
(1) Reasonably dispersed throughout the Residential Project;
(2) Proportional, In number of bedrooms, gross floor area of habitable space, and location to
the market rate units;
(3) Comparable to the market rate units included in the Residential Project In terms of
design, materials, finished quality and appearance; and
(4) Permitted the same access to project amenities and recreational facilities, as are market
rate units.
a The Dewatopermay sella y the Induslonary unit roqulrements for the Pfgad.In whole or In part by aubstantMOy rehabilitating
adstin®hcuafne onus wtfhM the D lip datl Tmpet Areas d a refs d 9 habitable square Poofl per each required habhehla square
;od oP effadeDM Induslonary uNM.
The Oawatopar may aausy the
Induslonary Unit requirement for the Project, M whole or In pad by substantially rehabliltatine
e>ddln8 houelr,g uNM 56" hethe nadgnated 7ergel Areas within me borders of the City of Santa Ana at a rate d 1 X heb6abta
puare fed per each requred haDI I aquam fed of Indudarsry UnIM
4 IPOse calaMlton of the namher of required Indudanmy fmuebsa units resells In o fredlon, the developer has the option to
faJ provide an additional Indusonary heusln®unit or"pay an In u Fes squid b the percentage represented by the tractional
ttsdustonary hewlne un6 multiidMd by the applicable In -Lieu Fee,
a A ptpetiee pmjed M a pmjed epplicatlan that was submOled and deemed complete prior to August 4, 2016.
Page 2 of 4
PxPlanNrt9lCladral•CAunMt FameWODePPIUation
14l96
Please complete the following table as It applies to your project proposal, as applicable:
# of Units
# of Units
Bedroom
Unit Size
Number of
Affordable to
Very Low.
Affordable to
Total
Percent of
size
(Habitable
Market
Income
Number
Total Units
Square Feet)
Unite
s
Households
Households
Households
Units
Units
501'o AM
(50 r6 AMI)
Studio
520
27
27
4
1
1693
273
1
273
146
2
990
260
200
43
3
1.194
43
43
4
b
Total
603
1603
100
The following are submittal requirements for your proposed Incluslonary Housing Plan:
A. ❑ Project Description (see Site Plan Review application). Include a description of
proposed off -site construction or rehabilitation If applicable
B. ❑ Legal Description of the Project
C. ❑ Site plan of the entire project detailing the location of proposed Incluslonary
housing units (minimum size 110 x 170)
D. ❑ If applicable, a phasing plan that provides for the proportionate number of the
total Incluslonary housing unit requirement to be built within each phase of the
project
E. ❑ Application Fee
Page 3 of 4
a: Plannirt8ltlmkel•OuuMor FarmsW00appAcaPbn
1VtS
Property OWNER'S AFFIDAVIT
I hereby certify that I am the legally authorized owner of all property involved In this application
or have been empowered to sign as the properly owner on behalf of a corporation, partnership,
business, etc., as evidenced by separate Instrument attached herewith. I hereby grant to the
applicant submitting this form full power to sign all documents related to this appllcation,
including any conditions or litigation measures as may be deemed necessary.
I declare under penalty of perjury that the foregoing Is true and correct.
Executed on (Date) mna=e at Uo.Angfte . California
Property Owner's Signature _ 2
Property Owner's Printed Name kATM a,
APPLICANT'S AFFIDAVIT
I hereby certify that the statements furnished above and In the attached exhibits represent the
data and information required for this Initial evaluation and that the facts, statements and
information presented are true and correct to the best of my knowledge and belief. Further,
should the stated Information be found false or Insufficient. I agree to the return of this form for
appropriate revislons, understanding that the City of Santa Ana cannot process this form until all
applicable Information Is corrected or provided by the applicant I hereby certify that I have
been legally authorized by the property owner to present this application and to sign on behalf of
all documents related to this application, Including any conditions or litigation measures as may
be deemed necessary.
Note: When the applicant Is a corporation, partnership, business, etc., a separate document
verifying the authorization to sign for such applicant Is required.
I declare under penalty of perjury that the foregoing Is true and correct
Executed on (Date) mnarm,a at_ 9a,okem . California
Applicant's Signature
Applicant's Printed Name em-dmww
&.FleneMelC MI-Cwcder Fm Wooeppileeaon Page 4 or 4
9U18
NULINW.,
Elan
BLDG 9
9-Jan-18
Unit
Count
Not Rentable
Net Habitable
Not Rentable
M ix
Total Net
Area (SF)
Area (SF)
Avg.Aree (SF)
Area (Ste
Area
81
21
576
520
10,920
576
8.8%
Al
87
714
858
43,052
A1.1
3
921
117
2,601
A1.2
18
768
722
11,552
A2
49
744
663
774
503%
32,487
A3
1
651
604
604
LIVUMRK
7
876
818
6,712
LOFT
13
1,128
1039
13.607
at
25
ga9
948
23,700
82
16
Bill
894
13.410
83
34
1,098
1,003
1,071
34.8%
34,102
83.1
20
1,152
1,069
31,001
83.3
5
1046
985
4 92$
Ct
15
1,279
1.181
17,715
CIA
10
1.333
1,235
12,350
1,301
8.1%
Telel
310
B07
258,638
BLDG 2
Unit
Count
Net Rentable
Net Habitable
Net Rentable
l Net
Area (SF)
Area (SF)
Area (6F)
Ml m
Habitable
Habitabblele
Area SF
at
6
676
620
3.120
576
20%
At
16
714
856
9,840
AU
14
768
722
10,108
AU
11
776
722
7,942
A7,4
4
797
743
741
39.9%
2,972
A1.5
10
666
614
6,140
A2
63
744
663
41,709
a1
39
999
048
35.972
82
24
99l
694
21,458
83
49
1,098
1,003
49,147
83.1
20
1,152
1,069
1,066
51.9%
21,380
83.E
5
1,090
1,069
5.345
SU
5
1,048
1,coo
5.345
S4
10
1.176
1.069
10.690
C1L
I'm1,181
21,268
L
fl,279
6.3%
0oet
939
263,484