HomeMy WebLinkAbout2024-036 - Residential Development for 1921 W. Washington AvenueRESOLUTION NO. 2024-036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING DENISTY BONUS AGREEMENT
APPLICATION NO. 2024-01 AS CONDITIONED FOR A NEW
FOR -SALE RESIDENTIAL DEVELOPMENT WITH SIX UNITS
FOR THE PROPERTY LOCATED AT 1921 W.
WASHINGTON AVENUE (APN: 405-101-37)
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. Habitat for Humanity of Orange County (Applicant & Property Owner) is
requesting approval of Density Bonus Agreement (DBA) Application No. 2024-01
to facilitate the construction of a for -sale residential development (Project),
consisting of six (6) units proposed as affordable to lower -income households
earning less than 80 percent of the area median income (AM[) for the property
located at 1921 W. Washington Avenue (Project Site).
B. Applicant requests approval of this DBA under California Government Code
§ 65915 (the "Density Bonus Law") because the Project will operate as a common
interest development and consists of 100% affordable for -sale units to lower -
income households.
C. Pursuant to Section 4100 of the California Civil Code, the Project meets the
definition of a Common Interest Development, which includes a condominium
project, as further defined in Section 4125 of the California Civil Code. Therefore,
the project qualifies as a Housing Development, as defined in the California
Government Code Section 65915 (i), and is eligible for a density bonus.
D. As part of the overall process, the City and Applicant have entered into a
Conditional Grant Agreement, pursuant to which, City agreed to provide a grant
(the "Inclusionary Grant") in an amount up to Two Million Two Hundred Thousand
Dollars ($2,200,000) to the Applicant for a residential homeownership project that
involves construction of six (6) affordable housing units restricted for sale to low
income households.
E. As a condition of receiving the Inclusionary Grant, the Applicant agrees that
a Regulatory Ag reement Imposing Affordable Housing Covenants and Restrictions
("Density Bonus Agreement") shall be recorded against the Project Site prior to
disbursement of any portion of the Inclusionary Grant and that the Project Site and
Resolution No. 2024-036
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Project shall be subject to the covenants and restrictions set forth in the Density
Bonus Agreement.
F. The total affordability term in the Density Bonus Agreement states that each
affordable unit shall be restricted for sale to an eligible household for a total period
of no less than forty-five (45) years. To maintain this project as a for sale project,
the Applicant also requested and received approval of TTM No. 2023-05, for
condominium purposes, ensuring that the project qualifies as a Housing
Development, and the Project meets the definition of a Common Interest
Development.
G. The Project entails, among other improvements; (1) development of the
Project Site with three duplex buildings with six (6) for -sale housing units proposed
as affordable to lower -income households, 10,882 square -feet of total new floor
area, and 15 onsite parking spaces; and (2) approval of Density Bonus Agreement
(DBA) Application No. 2024-01.
H. The California Density Bonus law allows developers 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 incentives/concessions or waivers that would help the project be
built without significant burden and without detriment to public health.
I. The Applicant's request has been thoroughly evaluated by the City's
Development Review Committee (DRC) through Development Project No. 2023-12.
Through this review, the DRC has considered the subject site, proposed
development, and the Applicant's requests for incentives/concessions and waivers
pursuant to the State's Density Bonus Law.
J. The Project is entitled to a density bonus that will allow six (6) total residential
units, developed as three (3) duplex buildings, based upon the restrictions set forth
in the DBA to restrict the sale of the units to households that qualify as low income.
Pursuant to the California Density Bonus law, a project's affordability level is
determined by dividing the number of proposed affordable units by the allowable
"base" density (i.e., 7 du/ac). Moreover, the law states that units added by a density
bonus are excluded from the calculations. The base density for the 0.37-acre site
at 7 du/ac is 3 units. All six units of the project are proposed to be affordable to low
income households. Therefore, the project would have a 100-percent affordability
rate. As such, State density bonus law allows the developer to request a density
bonus of 80 percent.
K. Section 41-1607 of the Santa Ana Municipal Code (SAMC) requires an
application for a density bonus agreement containing deviations
(incentives/concessions and/or waivers) to be approved by the Planning
Commission.
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L. On June 10, 2024, 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 unanimously (5-0-0-2, with Commissioners Ramos and Oliva absent)
recommended that the City Council approve Density Bonus Agreement No. 2024-
01 as conditioned. As part of its actions, the Planning Commission also voted
unanimously (5-0-0-2, with Commissioners Ramos and Oliva absent) to approve
Tentative Tract Map (TTM) No. 2023-05 as conditioned.
M. On July 16, 2024, at a regularly scheduled public meeting, the City Council of
the City of Santa Ana considered Density Bonus Agreement (DBA) Application No.
2024-01 and at that time considered all comments, written, and oral.
N. The City Council hereby determines that the following findings, which must
be established in order to grant this Density Bonus Agreement application pursuant
to SAMC Section 41-1607, have been established for Density Bonus Agreement
No. 2024-01 to allow construction of the proposed project:
1. That the proposed development will materially assist in accomplishing the
goal of providing affordable housing opportunities in economically balanced
communities throughout the city.
The proposed development will provide six (6) residential for -sale units, all units
are designated for lower -income households, contributing toward the City's
housing stock to serve the needs of diverse and underserved populations. The
area in which the project is proposed, the Two-family Residential zone within
the Artesia Filar Neighborhood currently contains a mix of housing stock,
including single-family residential and two to three unit duplexes/triplexes. The
construction of this project will contribute toward an economically balanced
community by providing housing for different income levels in an area rich with
employment opportunities.
2. That the development will not be inconsistent with the purpose of the
underlying zone or applicable designation in the general plan land use element.
The proposed project is located in the Low Density Residential (LR-7) land use
designation of the General Tian, which allows for development single-family and
two-family dwelling units. The land use designation allows a mix of uses, including
medium and medium -high density apartments, townhomes, garden- or motor -court
homes, and neighborhood- serving commercial. The project proposes a density of
16.2 dwelling units per acre, exceeding the General Plans LR-7 pursuant to the
Density Bonus law, which allows developers to exceed the density permitted within
the General Plan when providing affordable housing that meets specific conditions.
Moreover, the project is consistent with several goals and policies in the general
plan. Specifically, goals 1, 2, 3, and 4 of the Land Use Elernent and goals 1, 2, 3 of
the Mousing Element.
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Goal 1 of the Land Use Element (LU) encourage responsible growth by providing
a land use plan that improves the quality of life and respects the existing
community. Policy 1.1 of the LU asks that new projects foster compatibility between
land uses to enhance livability and promote healthy life styles. Policy 1.2 and 1.5 of
the LU encourage innovative development policies to expand homeownership
opportunities at all income levels and quality infill residential development that
provide a diversity of housing type for all income levels and age groups. Policy 1.8
of the LU encourages development tradeoff to ensure that new development
project provide a net community benefit. Goal 2 of the LU supports the balance of
land uses that meet Santa Ana's diverse needs. Policy 2.4 supports the balance of
benefits of development with fiscal impacts on the city and on quality of life for the
community. Policy 2.6 promotes rehabilitation of properties and encourages
increased levels of capital investment to create a safe and attractive environment.
Goal 3 of the LU encourages the preservation and improvement of the character
and integrity of the existing neighborhoods and districts. Policy 3.1 of the LU
supports new development that provides a net community benefit and
contributes to the neighborhood character and identity. Policy 3.2 supports the
facilitation of community engagement and dialogue in policy decisions and
outcomes affecting land use and development, with supplemental opportunities
for proposed planning activities within environmental justice area boundaries.
Policy 3.4 ensures that the scale and massing of new development is compatible
and harmonious with the surrounding built environment. Policy 3.7 promotes a
clean, safe, and creative environment for Santa Ana's residents, workers, and
visitors.
Goal 4 of the LU supports a sustainable Santa Ana through improvements to the
built environment. Policy 4.1 encourages the promotion of complete
neighborhoods by encouraging a mix of complementary uses, community
services, and people places within a walkable area. Policy 4.2 maintains and
improves the public realm through quality architecture, street trees, landscaping,
and other pedestrian -friendly amenities. Policy 4.6 supports diverse and
innovative housing types that improve living conditions and promote a healthy
environment. Policy 4.7 Promote mixed -income developments with mixed
housing types to create inclusive communities and economically diverse
neighborhoods. Policy 4.8 supports the collaboration with property owners,
community organizations, and other local stakeholders to identify opportunities
for additional open space and community services, such as community gardens
and gathering places.
Goal 1 of the Housing Element (HE), supports livable and affordable
neighborhoods with healthy and safe housing conditions, community services,
well -maintained infrastructure, and public facilities that inspire neighborhood
pride and ownership. Policy 1.2 supports projects that encourage neighborhood
involvement and active participating in neighborhood organizations to help
identify needs and implement programs aimed at beautification, improvement,
and preservation of neighborhoods. To date, the project has hosted two sunshine
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meetings with the local neighborhood and revised the project based on
cumulative community feedback and inspires pride in homeownership due to the
project being for -sale.
Goal 2 of the FIE supports fostering inclusive community with a diversity of quality
housing, affordability levels, and living experiences that accommodate Santa
Ana's residents and workforce of all household types, income levels, and age
groups. Policy 2.5 encourages the facilitation of diverse housing types, prices,
and size of housing. The project includes duplex units that contain bedroom
ratios suitable for families. Policy 2.6 supports excellence in architectural design
through the use of materials and colors, building treatments, landscaping, open
space, parking, and environmentally sensitive ("green") building and design
practices. The project includes a high -quality farmhouse architectural design that
incorporates a mix of exterior materials and enhanced landscaping.
Goal 3 of the HE supports the Increase in opportunities for extremely low-, very
low-, low-, and moderate -income individuals and families to find affordable
housing, and afford a greater choice of rental and homeownership opportunities.
Policy 3.2 encourages expanding home homeownership opportunities for low -
and moderate -income residents and workers in Santa Ana through the provision
of financial assistance, education, and collaborative partnerships.
The project is a 100-percent affordable housing project, providing six lower
income households the opportunity to obtain homeownership status. Policy 3.5
encourages collaboration with nonprofit organizations, community land trusts,
developers, and other government agencies to develop and provide affordable
housing for residents. The project applicant, Habitat for Humanity of Orange
County, is a non-profit housing developer and has received pre -commitment
funds from the City of Santa Ana Housing Division in support of the development
of six affordable for -sale units.
3. That the deviation is necessary to make it economically feasible for the
Applicant to utilize a density bonus authorized for the development pursuant to
section 41 -1603.
The proposed project requires four deviations through incentives/concessions:
(1) setbacks, (2) front -yard fencing, (3) building separation, and (4) open space,
Moreover, one (1) waiver is requested in relation to the location of the trash
enclosure. The deviations are described as follows:
Minimum Setback Requirements (Incentive/Concession)
SAMC Section 41-251 requires a minimum rear setback of 10-feet if at least
1,200 square -feet of open space is provided, exclusive of side -yard areas.
As proposed, the project provides a rear setback of 6-feet and 1,204 square feet
of open space areas, excluding the side -yard areas. Strict adherence to this
setback requirement would result in a reduction in the number of units that can
Resolution No, 2024-036
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be provided in the overall project, thus reducing the Applicant's ability to
achieving the density bonus to which the Applicant is entitled under the Density
Bonus Law and affecting the feasibility to construct the project. In order to comply
with the required setback requirement and maintain the current proposed unit
count, the developer would be required to construct additional floor levels, which
would exceed the maximum allowable height as part of the Two -Family
Residential (R-2) zoning district, and would further increase development costs
making the project economically infeasible. To help alleviate the setback
deficiency, the project proposes a 29'-0 3/4" upper -story setback from the rear of
the property to control the mass and bulk of the structure towards the rear.
Front -yard Fence Height Restriction (Incentive/Concession)
SAMC Section 41-610 (a)(1) requires that fencing within the Front -yard area
(defined in SAMC Section 41-172 as the yard extending across the full width of
the lot, the depth of which is the distance between the front lot line and the main
wall of the building.) be a maximum three feet in height on frontages that abut a
non -arterial street as designed in the Mobility Element of the General Plan.
Maintaining the height restriction would result in reduction in private open space
for Unit 1 and trigger non-compliance of SAMC Section 41-622.5 in which no
mechanical equipment, such as an AC condenser, may be located between the
building wall and the side property line. In order to maintain the current proposed
unit count, the developer would be required to fully redesign the site, further
increasing development costs and potentially leading to a loss of residential
units, and a loss of further private open space. To help alleviate this deficiency,
the landscape plans provide enhanced screening proposals which include
vertical landscaping elements to ensure a harmonious transition from the front-
yard's plants/shrubs to the built structure.
Building Separation (Incentive/Con cession) SAMC
Section 41-254 (a) requires a minimum setback of 15 feet between primary
structures.
The proposed development is proposing a reduced setback of 10-feet between
the front duplex and the center duplex, and a 9-foot setback between the center
duplex and the rear duplex. In order to comply with the minimum building setback
requirements, the developer would be required to provide a full redesign of the
site and/or reduce the number of units provided onsite. This would result in
further increasing development costs and may result in the loss of potential units
onsite.
Open Space Requirement (Incentive/Concession)
SAMC Section 41-255 requires a minimum 100 square feet of private space to
be provided per unit in the form of a private patio or deck, with minimum
dimensions of eight (8) feet.
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As proposed, the designated private space for Unit 5 in the form of a 13' x 7' (91
square foot) balcony is less than 100 square -feet and less than eight (8) feet in
minimum dimensions. Strict adherence to the 100 square foot and eight (8) foot
minimum dimension requirement would structurally encroach into the required
drive -aisle, require a redesign of the site. This would result in further increasing
development costs and may result in the loss of potential units onsite
Trash Enclosure Location (Waiver)
SAMC Section 41-623 requires that trash and utility areas be screened from
public streets and alleys as well as be physically integrated into the project.
As proposed, the trash enclosure is located towards the front of the property.
Strict adherence to SAMC 41-623 would require a full redesign of the site to
accommodate for trash pickup located towards the rear of the property. This
would further increase development cost and may result in the loss of potential
units onsite. To help alleviate this deficiency, the landscape plans provided
propose to screen the trash enclosure with vertical landscaping elements to
ensure the structure is not visible to the street.
Section 2. In accordance with the California Environmental Quality Act (CEQA),
the recommended action is exempt from further review under Section 15195 (Residential
lnfill Exemption), as this project meets all the threshold criteria set forth in Section 15192
(Threshold Requirements for Exemptions). This exemption applies to projects or sites
that:
1. Meet the threshold criteria set forth in section 15192; provided that with
respect to the requirement in section15192(b) regarding community -level
environmental review, such review must be certified or adopted within five years
of the date that the lead agency deems the application for the project to be
complete pursuant to Section 65943 of the Government Code.
2. Meet both of the following size criteria:
A. The site of the project is not more than four acres in total area.
B. The project does not include any single level building that exceeds
100,000 square feet.
3. Meet both of the following requirements regarding location
A. The project is a residential project on an infill site.
B. The project is within one-half mile of a major transit stop.
4. Meet both of the following requirements regarding number of units:
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A. The project does not contain more than 100 residential units.
B. The project promotes higher density infill housing. The lead agency may
establish its own criteria for determining whether the project promotes higher
density infill housing except in either of the following two circumstances:
1) A project with a density of at least 20 units per acre is conclusively
presumed to promote higher density infill housing.
2) A project with a density of at least 10 units per acre and a density
greater than the average density of the residential properties within 1,500 feet
shall be presumed to promote higher density Will housing unless the
preponderance of the evidence demonstrates otherwise.
5. Meets the following requirements regarding availability of affordable housing:
The project would result in housing units being made available to moderate, low,
or very low income families as set forth in either A or B below:
A. The project meets one of the following criteria, and the project developer
provides sufficient legal commitments to the appropriate local agency to
ensure the continued availability and use of the housing units as set forth
below at monthly housing costs determined pursuant to paragraph (3) of
subdivision (h) of Section 65589.5 of the Government Code.
1) At least 10-percent of the housing is sold to families of moderate
income, or
2) Not less than 10-percent of the housing is rented to families of low
income, or
3) Not less than 5-percent of the housing is rented families of very low
income.
B. If the project does not result in housing units being available as set forth
in subdivision (A) above, then the project developer has paid or will pay in -
lieu fees pursuant to a local ordinance in an amount sufficient to result in the
development of an equivalent number of units that would otherwise be
required pursuant to subparagraph (A).The proposed project meets the
criteria listed in Section 15195 as the project site is not more than four acres
in area, the project does not include any single level building exceeding
100,000 square feet, and the project is an infill development within one-half
mile of a major transit stop. Moreover, the development promotes higher
density infill housing, does not contain more than 100 residential units, and
results in for sale housing units made available to low income families.
Specifically, the project would exceed the minimum affordable requirements
outlined in Section 15195, which states that ten -percent of for sale projects
[resolution No. 2024-036
Page 8 of 11
need to be sold to families of moderate income. This project proposes to sale
100-percent of the units to low income households. Moreover, the developer
has provided sufficient legal commitments to ensure continued availability
and use of housing units for lower income households for a period exceeding
30 years. In addition, the project is also exempt from further review per
Section 15303 (Class 3 — New Construction or Conversion of Small
Structures),
The Class 3 categorical exemption consists of construction and location of
limited numbers of new, small facilities or structures; installation of small new
equipment and facilities in small structures; and the conversion of existing
small structures from one use to another where only minor modifications are
made in the exterior of the structure. In urbanized areas, this exemption
applies to apartments, duplexes, and similar structures designed for not more
than six (6) dwelling units.
Pursuant to the California Public Resources Code, "Urbanized Area" includes
an incorporated city that has a population of at least 100,000 persons. The
City of Santa Ana exceeds the population requirements, and is therefore
considered an urbanized area. Therefore, the proposed project can be
exempt pursuant to the Class 3 exemption, as no more than six (6) unit multi-
family residential units are proposed. As such, a Notice of Exemption,
Environmental Review No. 2023-44, 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.
Resolution No. 2024-036
Page 9 of 11
Section 4. The City Council of the City of Santa Ana, after conducting the public
meeting, hereby approves Density Bonus Agreement No. 2024-01 as conditioned in Exhibit
A attached hereto and incorporated as though fully set forth herein. This decision is based
upon the evidence submitted at the above said meetings, which includes, but is not limited
to: the Request for City Council Action dated July 16, 2024, and exhibits attached thereto;
and the public comments, written and oral, all of which are incorporated herein by this
reference.
ADOPTED this 161h day of July, 2024.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:��l1�nA�•
Jose Montoya
Assistant City Attorney
AYES: Councilmembers Amezcua Bacerra Hernandez Lopez,
Penaloza Phan Vazquez (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
ABSENT: Councilmembers None (0)
Resolution No. 2024-036
Page 10 of 11
CERTIFICATE OF ATTESTATION A14D ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution
No. 2024-036 to be the original resolution adopted by the City Council of the City of Santa
Ana on July 16, 2024.
Resolution No. 2024-036
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EXHIBIT A
Conditions for Approval for Density Bonus Agreement AtapIIcation No 2024-01
Density Bonus Agreement Application No. 2024-01 is approved subject to compliance, to
the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa
Ana Municipal Code, the California Administrative Code, the California Building Standards
Code, and all other applicable regulations. In addition, it shall meet the following conditions
of approval:
The Applicant must comply with each and every condition listed below prior to exercising
the rights conferred by the Density Bonus Agreement,
The Applicant must remain in compliance with all conditions listed below throughout the life
of the development project. Failure to comply with each and every condition may result in
the revocation/termination of the Density Bonus Agreement.
1. All proposed site improvements must conform to the Development Project (DP)
approval of DP No. 2023-12.
2. Any amendment to the DP No. 2023-12, including modifications to approved
materials, finishes, architecture, site plan, landscaping, unit count, mix, and
square footages must be submitted to the Planning Division for review. At that
time, staff will determine if administrative relief is available or if the Development
Project Review must be amended.
3. All mechanical equipment shall be screened from view from public and courtyard
areas.
4. The plans shall be revised to include a note for the following:
a. The trash enclosure shall be kept locked during non -trash pickup days and
when not in use. The area surrounding and within the enclosure shall be
kept in a neat and clean condition. No intensive odor shall be emitted from
the area.
b. No overcrowding of the trash receptacles is allowed. All trash shall be
located within the trash receptacles.
c. The trash lid shall remain closed during all hours when not in use.
5. Prior to issuance of building permits, the Applicant shall submit a construction
schedule and staging plan to the Planning Division for review and approval. The
plan shall include construction Fours, staging areas, parking and site
security/screening during project construction.
resolution No. 2024-036
6. Prior to issuance of building permits, the Applicant shall provide written
notification to the residential community located to the west of the site. This
notification shall include comprehensive information about the nature of the
proposed activities, anticipated timelines, and contact information for inquiries.
The notification shall be delivered via certified mail. Additionally, a designated
representative shall be available to address any concerns or inquiries raised by
the residential community during this notification period.
7. Prior to issuance of building permits, the Applicant shall submit to the Planning
Division and have approved a Parking Management Plan (PMP). The PiVIP shall
provide for measures to address any parking shortages that may result from the
project, with terms including but not limited to:
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.
8. Two weeks prior to the commencement of construction, notification must be
provided to property owners within 500 feet of the project site disclosing the
construction schedule, including the various types of activities that would be
occurring throughout the duration of the construction period.
9. Prior to installation of landscaping, the Applicant shall submit representative
photos and specifications of all trees to be installed on the project site for review
and approval by the Planning Division. Specifications shall include, at a minimum,
the species, box size (24 inches minimum), brown trunk height (10-foot
minimum), and name and location of the supplier.
10. After project occupancy, landscaping and hardscape materials must be
maintained as shown on the approved landscape plans.
11. Prior to final occupancy, a Property Maintenance Agreement must be recorded
against the property. The agreement will be subject to review and applicability by
the Planning and Building Agency, the Community Development Agency, the
Public Works Agency, and the City Attorney to ensure that the property and all
improvements located thereupon are properly maintained, Applicant (and the
Resolution No. 2024-036
all of the duties and obligations and responsibilities set forth under the
maintenance agreement;
g. The maintenance agreement shall contain provisions relating to the
enforcement of its conditions by the City and shall also contain provisions
authorizing the City to recover costs and expenses which the City may
incur arising out of any enforcement and/or remediation efforts which the
City may undertake in order to cure any deficiency in maintenance, repair
or upkeep or to enforce any restrictions or conditions upon the use of the
property. The maintenance agreement shall further provide that any
unreimbursed costs and/or expenses incurred by the City to cure a
deficiency in maintenance or to enforce use restrictions shall become a
lien upon the property in an amount equivalent to the actual costs and/or
expense incurred by the City; and
h. The execution and recordation of the maintenance agreement shall be a
condition precedent to the Certificate of occupancy.
Resolution No. 2024-036
owner of the property upon which the authorized use and/or authorized
improvements are located if different from the Applicant) shall execute a
maintenance agreement with the City of Santa Ana which shall be recorded
against the property and which shall be in a form reasonably satisfactory to the
City Attorney. The maintenance agreement shall contain covenants, conditions
and restrictions relating to the following:
a. Compliance with operational conditions applicable during any period(s) of
construction or major repair (e.g., proper screening and securing of the
construction site; implementation of proper erosion control, dust control
and noise mitigation measure; adherence to approved project phasing
etc.);
b. Compliance with ongoing operational conditions, requirements and
restrictions, as applicable (including but not limited to hours of operation,
security requirements, the proper storage and disposal of trash and debris,
enforcement of the parking management plan, and/or restrictions on
certain uses);
c. Ongoing compliance with approved design and construction parameters,
signage parameters and restrictions as well as landscape designs, as
applicable;
d. Ongoing maintenance, repair and upkeep of the property and all
improvements located thereupon (including but not limited to controls on
the proliferation of trash and debris about the property; the proper and
timely removal of graffiti; the timely maintenance, repair and upkeep of
damaged, vandalized and/or weathered buildings, structures and/or
improvements; the timely maintenance, repair and upkeep of exterior
paint, parking striping, lighting and irrigation fixtures, walls and fencing,
publicly accessible bathrooms and bathroom fixtures, landscaping and
related landscape improvements and the like, as applicable);
e. If Applicant and the owner of the property are different (e.g., if the Applicant
is a tenant or licensee of the property or any portion thereof), both the
Applicant and the owner of the property shall be signatories to the
maintenance agreement and both shall be jointly and severally liable for
compliance with its terms;
f. The maintenance agreement shall further provide that any party
responsible for complying with its terms shall not assign its ownership
interest in the property or any interest in any lease, sublease, license or
sublicense, unless the prospective assignee agrees in writing to assume
Resolution No. 2024-036