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Item 12 - Density Bonus Agreement No. 2025-03
Planning and Building Agency www.santa-ana.org/pb Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 15, 2025 TOPIC: Density Bonus Agreement No. 2025-03 — Olive Crest at 2130 E. Fourth Street AGENDA TITLE Density Bonus Agreement No. 2025-03 to Facilitate the Construction of a Fifteen -Unit Multi - Family Residential Development, Including Three Units Proposed as Affordable to Very Low -Income Households RECOMMENDED ACTIONS 1. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action (below) is exempt from further review under Section 15168 (Program EIR); 2. Adopt a resolution approving Density Bonus Agreement No. 2025-03; RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2025-03 TO ALLOW A FIFTEEN -UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT, INCLUDING THREE UNITS PROPOSED AS AFFORDABLE TO VERY LOW-INCOME HOUSEHOLDS, AT THE PROPERTY LOCATED AT 2130 E. FOURTH STREET (APN: 400-091-23); and 3. Authorize the City Manager to execute a Density Bonus Agreement with Olive Crest, with a 55-year covenant term, for a rental residential development consisting of a fifteen -unit multi -family residential development, including three units proposed as affordable to very low-income households, at the property located at 2130 E. Fourth Street (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes EXECUTIVE SUMMARY Donald Verleur ("Applicant"), with Olive Crest ("Property Owner"), is requesting approval of Density Bonus Agreement (DBA) No. 2025-03 to allow the construction of a fifteen -unit multi -family residential development, including three units proposed as affordable to very low-income households earning less than 30-50 percent of the area median income (AMI), Density Bonus Agreement No. 2025-03 — Olive Crest (2130 E. Fourth Street) July 15, 2025 Page 2 at the property located at 2130 E. Fourth Street ("Project"). As proposed, the Project will utilize concessions and a waiver or reduction to deviate from development standards as memorialized by the density bonus agreement pursuant to California Government Code Sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Sections 41-1600 through 41-1607. Staff recommends approval of the Applicant's request as the Project meets the General Plan goals and policies and will contribute to the City's housing stock through the production of rental housing units. Additionally, the Project contributes to the community's affordable housing stock, aims to provide housing for at -risk young adults, represents a significant reinvestment in an underutilized site, and does not result in adverse environmental impacts or serious public health concerns. Plannina Commission Action On June 23, 2025, the Planning Commission held a public hearing for the Project and voted 5:0:2, with Vice -Chair Ramos and Commissioner Leo absent, to approve certain deviations (three development concessions and a waiver or reduction), based on the required findings, with concessions and the waiver to be memorialized in a Density Bonus Agreement, pursuant to Section 41-1607 of the SAMC. Pursuant to Section 41-1602(d), the DBA requires City Council approval. DISCUSSION Table 1: Project and Location Information Item Information Project Address and Council Ward 2130 E. Fourth Street — Ward 3 Nearest Intersection Fourth Street and Golden Circle Drive General Plan Designation District Center — Medium High (DC-3) Zoning Designation Professional (P); Village Center District within the Metro East Use OverZone MEMU North Professional Offices Surrounding Land Uses East Medical and Professional Offices South Multifamily Residential West Professional Offices Property Size Gross Area: 2.64 acres 115,029 square feet Net Area: 0.32 acres 13,801 square feet 53,089-square-foot (gross floor area) office building occupied by Existing Site Development Olive Crest offices, and surface parking lot. There's 31,266 square feet of useable office area, including 16,359 square feet on the first floor and 14,907 square feet on the second floor. Use Permissions Multi -Family Residential (permitted under MEMU, as part of SB 330 request Uses Article XVI.I (Density Bonus); and Active Urban Zoning Code Sections Affected within the Metro East Mixed Use Overlay Zone MEMU. Density Bonus Agreement No. 2025-03 — Olive Crest (2130 E. Fourth Street) July 15, 2025 Page 3 Project Description The development will consist of two identical, two-story buildings each 7,976 square feet in size, to be located towards the rear (south) of the existing site. The Project would be developed with a gross density of 5.68 dwelling units per acre (du/ac) and a net density of 46.87 du/ac, well below the permitted 90 du/ac by the DC-3 land use designation. The property is currently improved with a two-story, 53,089-square-foot office building and associated surface parking lot, which will remain and continue to be occupied by Olive Crest, a nonprofit organization providing family and youth services. To accommodate the proposed development, 27 parking spaces will be removed from the existing surface lot. The new residential buildings will coexist with the existing office use in a horizontal mixed -use configuration that is functionally integrated, physically compatible, and consistent with the zoning allowances under the Metro East Mixed Use Overlay (MEMU). The units are designed as flats/apartments with Building Al having seven two -bedroom units and an area dedicated as Common Area, to include a community room, office, bathroom, and laundry area. Building A2 would include eight two -bedroom units. The unit sizes will vary between 761 and 785 square feet, and each unit will be fully equipped with a kitchen, bedrooms, bathrooms, and common living areas. As previously described, the Project will include affordable units, with three units designated for very low-income households earning 30-50 percent of the AM which is currently $84,600 for a four -person household, as determined by the California Department of Housing and Community Development (HCD). Two affordable units would be included in Building A2, and would be 785 square feet in size. The additional affordable unit would be included in Building Al and would be 761 square feet in size. Like the market rate units, each affordable unit will be fully equipped with a kitchen, bedrooms, bathrooms, and common living areas, ensuring a high standard of living for future residents. The Project incorporates a combination of a contemporary/Mediterranean architectural style consistent with many multi -family and mixed -use residential communities currently under construction in Santa Ana and the surrounding region. The overall design, massing, materials, and architectural features are intended to be compatible with, yet distinct from multi -family residences existing and currently under construction in the MEMU. The architectural style is characterized by a combination stucco walls painted in a warm earth tone color, natural stone wainscoting along the building base, decorative louvers, window trims, and exposed rafter tails. Density Bonus As part of the Project, the Applicant is seeking concessions and a waiver under California Density Bonus law, which allow developers proposing five or more residential units 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 Density Bonus Agreement No. 2025-03 — Olive Crest (2130 E. Fourth Street) July 15, 2025 Page 4 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 first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. Recent revisions allow affordable housing developers to request incentives/concessions and/or waivers or reductions for affordable or mixed -income developments, even if they do not require a numerical density bonus. Moreover, in early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to "justify" the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. For this Project, the developer is not requesting a State density bonus for additional units but will avail themselves of the incentive/concessions and waiver or reductions that are required to be provided by State density bonus law for projects with the requisite affordability. Due to the Project's twenty -percent (20%) affordability rate, the developer can seek three density bonus incentive/concessions 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. 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), a local jurisdiction is limited in its ability to deny requested incentives, concessions, and waivers. The City has analyzed the Project and has identified several areas of potential impacts; however, the conditions of approval proposed for the Project are intended to address the Project's potential impacts. Table 2 outlines the concessions and waiver requested by the Applicant and approved by the Planning Commission on June 23, 2025. Table 2: Requested Concessions and Waiver Standard Required by MEMU Provided No publicly accessible open space Publicly Accessible Open Ten -percent of the gross site provided. Requires Concession (1 of Space area (115,029 square feet) 3), Cal. Gov't Code Sec. 65915 d 2 C • 90 square feet per unit No private open space provided. Private Open Space (1,350 square feet) Requires Concession (2 of 3), Cal. Gov't Code Sec. 65915 (d)(2)(C) • Residential: 34 spaces Zero spaces provided for residential • Non-residential: 94 units proposed. Parking Requirements spaces 136 parking spaces provided for • Total required: 128 non-residential. spaces Density Bonus Agreement No. 2025-03 — Olive Crest (2130 E. Fourth Street) July 15, 2025 Page 5 Standard Required by MEMU Provided • Total residential required Requires Concession (3 of 3), Cal. by State Density Bonus: Gov't Code Sec. 65915 (d)(2)(C) 23 spaces • Five -percent of the gross Common open space provided at site area for rate of 1.4-percent of the gross site Common Open Space nonresidential uses area (1,430 square feet) Requires (5,062 square feet) waiver, Cal. Gov't Code Sec. 65915 e 1 Onsite Parking To accommodate the Project, the Applicant is proposing to reduce the overall onsite parking from 163 to 136 parking stalls, a reduction of 27 spaces. The office building's gross floor area is approximately 53,089 square feet, inclusive of corridors, walkways, stairwells, etc. The useable office floor area is approximately 31,266 square feet, with 16,359 square feet on the first floor and 14,907 square feet on the second floor. Pursuant to the City's off-street parking requirements, the office building requires a total of 94 parking stalls. Moreover, the required residential parking pursuant to the State Density Bonus requirements would be 23 spaces. Therefore, the total required parking for the Project would be 117 parking spaces. The Applicant is proposing a total of 136 surface parking stalls, which would be a surplus of 19 parking stalls. Given the above parking analysis, the Project is not anticipated to have any parking impacts. However, to proactively address any neighborhood parking impacts that could result from the Project, the conditions of approval and terms of the DBA include provisions requiring the following parking management practices, to be incorporated into the Project and which shall apply throughout the life of the Project: Requiring onsite parking permits (such as stickers or hang -tags) for any parking dedicated to the residential units, inclusive of guest parking spaces; Policies for maximum time vehicles may be parked in the surface guest spaces; and 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. Affordable Housing Opportunity and Creation Ordinance The Project exceeds the affordable housing goal for the rental category of the City's Affordable Housing Opportunity and Creation Ordinance (AHOCO) by 100-percent, by providing three (3) onsite units designated for households earning 30-50 percent of the AMI (very low-income), which is currently set at $84,600 for a four -person household. Two affordable units would be included in Building A2, and would be 785 square feet in size. The additional affordable unit would be included in Building Al and would be 761 square feet in size. Each affordable unit will be fully equipped with a kitchen, bedrooms, Density Bonus Agreement No. 2025-03 — Olive Crest (2130 E. Fourth Street) July 15, 2025 Page 6 bathrooms, and common living areas, ensuring a high standard of living for future residents. The developer's Inclusionary Housing Plan has been reviewed and approved by the City's Housing Division. 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 Lyon Street and Zoo District Neighborhood Associations 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 proposed Project is exempt from further environmental review under Section 15168 (Program EIR). This exemption applies when a previously certified Program Environmental Impact Report (Program EIR) has adequately analyzed the environmental effects of an activity, and no new significant impacts would result from the proposed Project. If the proposed Project remains within the scope of the Program EIR and does not require a subsequent Environmental Impact Report (EIR), no additional environmental documentation is required. Therefore, a Notice of Exemption, Environmental Review No. 2023-94, will be filed for the Project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBITS 1. Resolution — Density Bonus Agreement 2. Draft Density Bonus Agreement 3. June 23, 2025 — Planning Commission Staff Report and Exhibits Submitted By: Ali Pezeshkpour, AICP, Executive Director of Planning and Building Agency, and Michael L. Garcia, Executive Director of Community Development Agency Approved By: Alvaro Nunez, City Manager RESOLUTION NO. 2025-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2025-03 TO ALLOW A FIFTEEN -UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT, INCLUDING THREE UNITS PROPOSED AS AFFORDABLE TO VERY LOW- INCOME HOUSEHOLDS, AT THE PROPERTY LOCATED AT 2130 E. FOURTH STREET (APN: 400-091-23) 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. Donald Verleur ("Applicant"), with Olive Crest ("Property Owner"), is requesting approval of Density Bonus Application (DBA) No. 2025-03 to allow the construction of a fifteen -unit multi -family residential development, including three units proposed as affordable to very low-income households earning less than 30-50 percent of the area median income (AMI), at the property located at 2130 E. Fourth Street ("Project"). B. The California Density Bonus generally 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 also generally allows developers to seek incentives/concessions or waivers of, or reductions in, development standards. C. 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. D. On June 23, 2025, 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 approved, based on findings, the application for four (4) deviations (three concessions and one waiver), to be memorialized in Density Bonus Agreement No. 2025-03. E. On July 15, 2025, the City Council of the City of Santa Ana held a regular meeting and considered approval of Density Bonus Agreement No. 2025- 03. F. The City Council hereby approves Density Bonus Agreement No. 2025-03. This Agreement allows for the construction of the proposed Project in accordance with the provisions of State Density Bonus Law and SAMC Section 41-1607, as conditioned. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the proposed Project is exempt from further environmental review under Section 15168 (Program EIR). This exemption applies when a previously certified Program Environmental Impact Report (Program EIR) has adequately analyzed the environmental effects of an activity, and no new significant impacts would result from the proposed Project. If the proposed Project remains within the scope of the Program EIR and does not require a subsequent Environmental Impact Report (EIR), no additional environmental documentation is required. Therefore, a Notice of Exemption, Environmental Review No. 2023-94, will be filed for the 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. 2025-03 as contained in Exhibit A, attached hereto and incorporated as though fully set forth herein. This approval is based on the written materials submitted, including: the Request for Planning Commission Action dated June 23, 2025; and the Request for City Council Action dated July 15, 2025, 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 , 2025. 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, , City Clerk, do hereby Resolution No. 2025-XX to be the original resolution City of Santa Ana on 2025. Date: attest to and certify the attached adopted by the City Council of the City Clerk City of Santa Ana RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Santa Ana City Clerk 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: City Clerk Free Recording pursuant to Government Code 27383 DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2130 East Fourth Street, Santa Ana, California; APN: 400-091-23 This DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ("Agreement"), is made and entered into this _ day of , 2025, for reference purposes only, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and Olive Crest, a California nonprofit corporation ("Developer"). City and Developer are sometimes referred to collectively as the "Parties" and individually as a "Party." RECITALS A. Developer is the owner of that certain property located within the City of Santa Ana, County of Orange, State of California, commonly known as 2130 East Fourth Street, Santa Ana, California, and legally described as set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full ("Property"). B. Developer is proposing to develop a residential development consisting of no more than fifteen (15) units, three (3) of which are proposed as very -low income residential rental units on the Property, as more particularly set forth in Density Bonus Application No. DBA-2025-03 ("Project"). C. Santa Ana Municipal Code sections 41-1600, et seq. ("City Density Bonus for Affordable Housing"), and California Government Code sections 65915, et seq. ("State Density Bonus Law"), set forth a process to provide increased residential densities and incentives, concessions, and waivers to property owners or developers who restrict a portion of their residential development to low income, very -low income, seniors or other qualified households, as specified. These regulations are intended to materially assist the housing industry in providing adequate and affordable housing for all economic segments of the community and to provide a 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43846773.1 balance of housing opportunities for very -low income, low income, seniors and other qualified households throughout the City. D. The Project is proposing a total number of fifteen (15) residential rental units, including three (3) units for Very -Low Income Tenants, as defined herein, and proposes to utilize the existing parking lot to satisfy the parking requirements of state law. E. The Project complies with the affordability requirements for a housing development as set forth in the State Density Bonus Law and City Density Bonus for Affordable Housing. F. In light of the purpose of the State Density Bonus Law and City Density Bonus for Affordable Housing, and the express provisions of Government Code Sections 65915(d)(1)(2)(C), the City has determined that the Project is eligible for three (3) incentives or concessions, and waivers as prescribed by the State Density Bonus Law. G. This Agreement, and the exhibits attached hereto and incorporated herein by reference, are intended to set forth the terms and conditions for the implementation of the Project's requirement to provide affordable housing units in exchange for receiving the density bonus, concession and waivers set forth herein. NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS 1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows: 1.1.1 "Adjusted for family size appropriate to the unit" shall have the meaning set forth by Health and Safety Code Section 50052.5(h). 1.1.2 "Affordable Rent" means the maximum Monthly Rent that may be charged to and paid by an Eligible Household for the Affordable Units, as required by the terms of this Agreement, and which shall not exceed the amount of Affordable Rent authorized by California Health and Safety Code Section 50053 and pursuant to implementing regulations published by the California Department of Housing and Community Development, as determined from the Median Income for Orange County, as defined below in Section 1.1.16. The Affordable Rent shall be adjusted to reflect a reasonable utilities allowance for utilities paid by the household using the Santa Ana Housing Authority Multi -Family Housing Utility Allowance Schedule, and shall be updated no less than annually. 1.1.3 "Affordable Rent Schedule" means a rent schedule established as of the date of issuance of an occupancy permit (exclusive of tenant utility payments or security deposits) 2 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43846773.1 for the required number/percentage of the total number of units in the Project which are to be rented or available for rent to Eligible Households. The Affordable Rent Schedule shall be established at the time of the issuance of the occupancy permit ("Initial Rent Schedule") and shall be created in accordance with the Orange County, California Primary Metropolitan Statistical Area ("PMSA") as published by the California Department of Housing and Community Development ("HCD"), adjusted for family size, and shall be updated no less than annually. 1.1.4 "Affordable Units(s)" means the three (3) unit(s), which shall each be two - bedroom units. Any change to the number, bedroom size, or distribution of Affordable Units is subject to City Manager approval. 1.1.5 "Agreement" means this Density Bonus Housing Agreement. 1.1.6 "City" means the City of Santa Ana, California 1.1.7 "City Council" means the City Council of the City of Santa Ana. 1.1.8 "City Attorney" means the City Attorney for the City of Santa Ana. 1.1.9 "City Manager" means the City Manager for the City of Santa Ana. 1.1.10 "City's Planning Commission" means the Planning Commission for the City of Santa Ana. 1.1.11 "Density Bonus Application" shall mean the Density Bonus Application No. 2025-03 for the Project. 1.1.12 "Developer" means Olive Crest, a California nonprofit corporation, and its permitted successors and assigns to all or any part of the Property, Project or this Agreement. 1.1.13 "Effective Date" means the date the 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, pursuant to section 4.1 herein. 1.1.14 "Eligible Household" means a Household whose income does not exceed the "Very -Low Income Tenant" qualifying limit as defined herein. 1.1.15 "Household" means all persons residing in a Unit. 1.1.16 "Median Income" means the Orange County, California area median income, adjusted for family size pursuant to California Health and Safety Code § 50052.5(h), as periodically published by HCD. 1.1.17 "Monthly Rent" means the total of monthly payments for: (a) use and occupancy of each Affordable Unit and land and facilities associated therewith; (b) any separately charged fees or service charges assessed by Developer which are required of all tenants, other than security deposits, application fees or credit check fees; (c) a reasonable allowance for an adequate level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43846773.1 water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone or cable service, to the extent applicable and charged to tenant; and, (d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than Developer. In the event that certain utility charges are paid by the landlord rather than the tenant, no utility allowance shall be deducted from the rent for that type of utility charge. 1.1.18 "Project" means that certain affordable residential development as more particularly described in the Recitals and Section 2 of this Agreement. 1.1.19 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon. 1.1.20 "State Density Bonus Law" means Government Code sections 65915, et seq., as they exist on the Effective Date. 1.1.21 "Term" means the period during which this Agreement shall be in full force and effect, as provided for in Section 5.1 below. 1.1.22 "Unit" means a residential dwelling unit within the Project to be constructed or caused to be constructed by Developer pursuant to this Agreement. 1.1.23 "Unrestricted Units" means the Units within the Project to be constructed or caused to be constructed by Developer to a Household without restriction. 1.1.24 "Very -Low Income Tenant(s)" means a Household whose income does not exceed fifty (50%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HCD. 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 — Tenant Verification 1.2.3 Exhibit C — Annual Tenant Recertification 1.2.4 Exhibit D — Annual Rental Housing Compliance Report 1.2.5 Exhibit E — Notice of Affordability Restrictions on Transfer of Property 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 fifteen (15) unit rental residential community, with three (3) Affordable Units for Eligible Households. 2 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 2.2 Density Bonus. The Project shall have fifteen (15) Units, to be rented, occupied, operated, and maintained pursuant to the terms and conditions of this Agreement. Developer understands and agrees that Developer is not requesting an increase in density and that this Agreement does not allow or approve an increase in residential density over the allowed density regulations of the City. 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. 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 Concession. In accordance with Government Code Section 65915(d)(1), Developer is granted the following concession(s): (a) The Project shall not be subject to the obligation to provide publicly accessible open space, as set forth in the Metro East Mixed Use Overlay Zone, Table 2, Section 4.5. (b) The obligation to provide private open space, as set forth in the Metro East Mixed Use Overlay Zone, Table 2, Section 4.6, shall be reduced to zero. (c) Developer is not required to submit a parking study. 2.3.2 Waivers. Provided that the Project complies with all other requirements of this Agreement and the Project Approvals, the City agrees to a partial waiver of the requirement to provide common open space, provided the Project provides a total of 2,191 square feet of common open space, including 761 square feet of common area to include laundry amenities, office, community room, and bathroom facilities; and 1,430 square feet of dedicated outdoor open area to be improved with landscaping and outdoor furnishing, as set forth in the Metro East Mixed Use Overlay Zone, Table 2, Section 4.6. 2.4 Parking Requirements. Onsite parking shall be provided in compliance with Government Code Section 65915(p) by utilizing the existing parking on the Property for residents of the Project. Developer represents and warrants that the existing parking on the Property comprises of 136 parking spaces and provides adequate levels of parking for the Project, including all required accessible parking for the Project and prospective residents. Provided that at least twenty-three (23) parking spaces are available to residents in the Project from the existing parking, Developer shall not be required to provide any additional parking. 2.5 No Further Concessions, Incentives, or Waivers. 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. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City's obligation to waive 5 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 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 twelve (12) Unrestricted Units, inclusive of one (1) manager's unit, as set forth in sub -paragraph 2.6.3, below, and pursuant to the terms and conditions of this Agreement. Any change to the unit distribution of the Unrestricted Units may affect the comparability of the Affordable Units and is subject to City Manager approval. 2.6.2 Affordable Units. The Project, for purposes of this Agreement, shall have no less than three (3) Affordable Units, for Very -Low Income Tenants, as set forth in sub- paragraph 2.6.3, and pursuant to the terms and conditions of this Agreement. The Affordable Units shall be consistent with all City approvals, comparable in bedroom distribution and amenities to the Unrestricted Units, and shall be located throughout the Project as required under Santa Ana Municipal Code section 41-1602(c)(5). 2.6.3 Unit Mix. 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 Unrestricted Units, regardless of whether such Unrestricted Units are in the Project. 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 6 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43846773.1 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 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. Any changes to the Project shall be reviewed by the City 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 sole 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 4.1 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 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. Each Affordable Unit shall be restricted to use and occupancy by Eligible Households for a term of not less than fifty-five (55) years ("Affordability Term"). The Affordability Term shall commence on the date when an Affordable Unit receives all required occupancy permits from the City and expire on the date that is fifty-five (55) years after the date when the Affordable Unit is first made available for occupancy to Eligible Households 7 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 pursuant to this Agreement. The Affordability Term shall be determined for each individual Affordable Unit. 3.2 Memorializing Commencement of Affordability. Developer shall keep or cause to be kept detailed records of the commencement date of the Affordability Term for each Affordable Unit. 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 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. 3.3.1 Affordable Rent. Developer covenants that all three (3) Affordable Units in the Project shall at all times during the Affordability Term be rented to, or held vacant and available for immediate occupancy by an Eligible Household, at an Affordable Rent. 3.3.2 Affordable Rent for Very Low Income Tenants. The Affordable Rent for Very Low Income Tenants shall not exceed the limits set forth in California Health and Safety Code Section 50053 and implementing regulations, which provide that the Affordable Rent shall not exceed thirty percent (30%) times fifty percent (50%) of the Median Income, as adjusted for family size appropriate to the unit. 3.3.3 Affordable Rent Schedule. Prior to issuance of a Certificate of Occupancy for the Project, and on each anniversary of the issuance of the initial Certificate of Occupancy for the Project, Developer shall provide to the City the Affordable Rent Schedule, which City shall have not less than thirty (30) days to review and approve or disapprove, which approval shall not be unreasonably withheld. 4. OPERATION OF THE PROJECT BY DEVELOPER 4.1 Payment of Density Bonus Setup Fee. A Density Bonus Setup Fee in the amount of Two Thousand Five Hundred Sixty One Dollars and Seventy -Two Cents ($2,561.72), was paid by the Developer on November 20, 2024, prior to execution of this Agreement. 4.2 Recording of Documents; Priority. 4.2.1 No later than 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. 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 Property, the Project, and the Units to ensure compliance with the State 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 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. For purposes of this paragraph, Developer shall provide the City with a preliminary title report for the Property dated not less than thirty (30) days prior to the execution of this Agreement. Developer agrees and warrants that it will exercise reasonable efforts to obtain the consent or approval to a subordination agreement with any senior lienholders and that, if such consent or approval is not provided, this Agreement and the benefits to Developer and the Project hereunder may be terminated by the City with thirty (30) days' written notice. 4.3 Rental of Units. Upon the completion of construction of the Project and receipt by Developer of all required permits for the occupancy of the Units, Developer shall rent or cause to be rented each Affordable Unit to Eligible Households for the Affordability Term for such Affordable Unit in accordance with the terms and conditions set forth in this Agreement, which provide among other terms and conditions for the rental of each Affordable Unit at an Affordable Rent to an Eligible Household for the Affordability Term. 4.4 Occupancy Levels. Subject to state or federal laws and regulations, the number of persons permitted to occupy each Affordable Unit shall not exceed two persons per bedroom, plus one person. If an Eligible Household, during the terms of its tenancy, adds members that exceed the maximum occupancy allowed under this section, Developer shall provide written notification informing the household that: it is over -occupancy; has been placed on a waiting list for up to one -hundred and eighty (180) days; the expiration date of the waiting list; and the terms for terminating the lease. A written status update will be provided to the household at one -hundred and twenty (120) days, ninety (90) days, sixty (60) days and thirty (30) days if applicable. 4.5 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. The Project shall at all times during the Term of this Agreement be used as a rental housing complex and none of the Affordable Units in the Project, nor shall the Property or any portion thereof, ever be used as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest home, or be converted to condominium ownership. All of the community facilities and any social programs provided to the Project's residents shall be available on an equal, nondiscriminatory basis to residents of all Units at the Project. 4.6 Maintenance. Developer shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. Owner shall be fully and solely responsible for costs of maintenance, repair, addition and improvements. 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, after providing notice as follows: (i) at least a 24-hour notice to Developer and Tenants of the Affordable Unit which will be inspected, or (ii) at least 48 0 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 hours' notice to Developer, which shall promptly give notice to Tenants of the Affordable Unit to be inspected. 4.7 Affordable Rental Lease Agreement. Developer shall prepare and obtain City's approval, which approval shall not be unreasonably withheld, conditioned or delayed, of a rental lease agreement for the Affordable Unit ("Affordable Unit Lease Agreement") for the Affordable Unit. All Affordable Unit Lease Agreements must 1) identify the names and ages of all members of the household who will occupy the Affordable Unit; and 2) state that the Household's right to occupy the Affordable Unit is subject to compliance with the Median Income requirements, adjusted for family size appropriate to the unit, as periodically published by HCD. All Affordable Unit Lease Agreements must be consistent with the terms contained in this Density Bonus Agreement. 4.8 Selection of Tenants. 4.8.1 Developer shall be responsible for the selection of tenants for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. 4.8.2 Local preference for Santa Ana residents and workers in tenant selection for the Affordable Units shall be a requirement of the Project. 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 leasing 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. 4.8.3 All applicants for Affordable Units will be screened and "lotterized." A waiting list will be created from a lottery generated from the initial pool of rental 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. 4.8.4 Prior to the rental or lease of an Affordable Unit to a tenant(s), Developer shall require the tenant(s) to execute a written lease and to complete a Tenant Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the tenant(s) occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility requirements established for the Affordable Unit. Developer shall verify the income of the tenant(s) as set forth herein. 4.8.5 The Developer may rent or lease an Affordable Unit(s) to a nonprofit organization or an entity affiliated with a nonprofit organization, provided that the nonprofit organization or entity is required as a condition of that lease (a "Master Lease") to sublease the Affordable Unit to an Eligible Household. The Master Lease shall be provided to the City, which shall have thirty (30) days to review and approve, which approval shall not be unreasonably withheld. Prior to the rental or lease of an Affordable Unit under a Master Lease, Developer shall 10 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 require the lessee thereunder to require each prospective sub -tenant to complete a Tenant Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the resident(s) occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility requirements established for the Affordable Unit under this Agreement. If an Affordable Unit subject to a Master Lease is not rented within thirty (30) days, then the City shall have the right to require termination of the Master Lease or declare a default under this Agreement for failure to fully utilize the Affordable Unit. The Master Lease shall require compliance with this Agreement, and nothing in this paragraph or the Master Lease shall relieve Developer from compliance with the obligations of this Agreement. 4.9 Income Verification and Certification. Developer shall make reasonable efforts to verify or cause to be verified that the income and asset statement provided by an applicant in an income certification is accurate by taking, at a minimum, at least one of the following steps as a part of the verification process: (1) obtain three months consecutive pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) obtain an income verification form from the applicant's current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. 4.9.1 Gross Household Income. Gross household income means all income from whatever source 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. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914. 4.9.2 Annual Recertification. Developer agrees to recertify or cause to be recertified household eligibility annually. Notification of Annual Tenant Recertification shall be sent to the household in substantially the form attached hereto as Exhibit C. An Annual Rental Housing Compliance Report ("Annual Compliance Report") shall be sent by Developer to the City in substantially the form attached hereto as Exhibit D for City's review and approval. The Annual Compliance Report shall be due to the City within 30 days of the anniversary of the commencement of the Affordability Term, which is the date that each building receives all required occupancy permits from the City. 4.9.3 Continued Income Qualification and Vacated Affordable Units. If the annual recertification demonstrates that a previously Eligible Household's gross household income exceeds the allowed Median Income for the Affordable Unit, the Developer will be considered in compliance with this agreement so long as one of the following pertinent actions from the following list is taken: (a) The Developer may offer to rent the unit to the previously, but no longer, Eligible Household as an Unrestricted Unit without any limitations on rental rates. In that case, the Developer must then make available for rent to an Eligible Household another unit within the Project that meets the size and location requirements for Affordable Units under this Density 11 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43846773.1 Bonus Agreement. If there are no vacant units meeting those requirements, then the next available unit within the Project which does meet those requirements must be rented to an Eligible Household. (b) If the no longer Eligible Household either moves to another Unrestricted Unit within the Project or leaves the Project altogether, then the vacated Affordable Unit, or, at Developer's election, any other Unrestricted Unit within the Project which meets the size and location requirements for Affordable Units under this Density Bonus Housing Agreement and has the same number of bedrooms as the vacated unit, shall be rented as an Affordable Unit to an Eligible Household. (c) Developer may proceed to terminate the tenancy and pursue any and all remedies in accordance with law or contract. 4.10 Monitoring and Recordkeeping. Throughout the Term of this Agreement, Developer shall annually complete or cause to be completed and submit to City the Annual Compliance Report. Developer agrees to pay a reasonable fee, as set by City resolution, for the purpose of paying the actual costs associated with the City's obligation to monitor Developer's compliance with the affordability restrictions contained in this Agreement related to the Affordable Units, not to exceed monitoring costs for up to three (3) Affordable Units. 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, including the five-year period following the expiration of the Term of this Agreement. Developer shall allow the City to conduct annual inspections of the 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, to Developer of the Affordable Unit. Developer shall commence to cure or cause the commencement to cure any defects or deficiencies 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 sole discretion of the City. 4.11 Notice of Affordability Restrictions on Transfer of Property. In the event the Developer wishes to sell or transfer the Project, during the Term of this Agreement, the City and the Developer shall execute and deposit into escrow, a Notice of Affordability Restrictions on Transfer of the Property, to be executed by the City and Developer in a form substantially similar to Exhibit E, which is attached hereto and must be executed by the parties prior to any transfer of the Property. 4.12 Emergency Evacuation Plan. Developer shall submit and obtain approval of an Emergency Evacuation Plan (the EEP) from City Police and Fire Protection agencies prior to 12 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43846773.1 issuance of a Certificate of Occupancy. Up-to-date 24-hour emergency contact information for the on -site personnel shall be provided to the City on an ongoing basis and the approved EEP shall be kept onsite and also be submitted to the following City Agencies: (a) Police Department (b) Fire Department (c) Planning and Building Agency (d) Community Development Agency 4.13 Crime Free Housing. Developer shall work with City staff to formalize a crime free housing policy, procedure, and design plan (the "CFH Plan"), which includes the following provisions: (a) Requiring parking areas and common interior areas (lobbies, elevators, etc.) to contain security cameras; (b) Requiring routine unit inspections; (c) Ensuring lobby/other entrance doors are secured and accessed via remote controls, fobs, etc.; and (d) Have policies in place to ensure that common use areas such as hallways and trash enclosures are maintained in good condition and repair (e.g., well - lit, kept clean, etc.). Developer shall submit and obtain approval from the City's Planning and Building Agency ("PBA") that the CFH Plan meets the requirements of this Subsection 4.13 prior to issuance of the Certificate of Occupancy. The approved CFH Plan shall be implemented and administered by Developer or its designated property manager. 4.14 Onsite Parking Management Plan. Developer shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Developer 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 13 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 without a sticker, hang -tag, or other identifiers, and vehicles parked longer than any maximum guest parking timeframes allowed. Prior to issuance of the Certificate of Occupancy, Developer shall submit and obtain approval from the PBA a Parking Management Plan (the "PMP") including those measures above. The approved PMP shall be adhered to and be enforced by the Project at all times. 4.15 Marketing and Resident Selection Plan. 4.15.1 Each Affordable Unit shall be leased to Eligible Households selected by Developer who meet all of the requirements provided herein. Prior to Certificate of Occupancy, Developer shall prepare and obtain City's approval of a marketing program and resident selection plan for the leasing of the Affordable Units at the Project ("Marketing Program"). The leasing 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 leasing of the Housing Units. 4.15.2 The Marketing Program shall include, but is not limited to, marketing and community outreach activities, proposed tenant 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, but are not limited to, the application process, interview procedure, apartment offer and assignment, rejected applications, and wait list management. All requirements set forth herein shall be incorporated in the Marketing Program. 5. TERM OF THIS AGREEMENT 5.1 Term. The term of this Agreement ("Term") shall commence on the Effective Date and shall continue until the expiration of the Affordability Term for all Affordable Units, as set forth in Section 3.1, above. 131110111�] , 1I: 111111E ►1 11 111► : � ► I► ul► �1:11 �]� 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. Notwithstanding the above, should the Developer elect to not proceed with the Project prior to commencement of construction, the Developer shall submit written notice of such 14 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 termination ("Termination Letter") to the City, which Developer, for itself, its successors and assigns, states that it waives, forfeits, and relinquishes any and all benefits under this Agreement. Upon City's receipt of the Termination Letter, the Parties agree to terminate this Agreement, except that the obligations of Section 4.1 and 6.4 shall survive termination. Developer shall, at its sole cost and expense, prepare and record a Termination of Agreement, which City shall review and approve, in the exercise of reasonable discretion. Such termination shall not be considered a default by any Party, but it shall result in a termination of the Agreement as provided for herein. 6.2 City's Remedies. In the event of a Default, the City shall have all rights and remedies available at law, and may seek any or all of the following 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 exercise any rights or institute any appropriate legal actions or proceedings necessary to ensure compliance with this Agreement, including but not limited to: (a) Actions to revoke, deny or suspend any permits and/or certificate of occupancy; and (b) Actions for injunctive relief or damages. 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. 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 Party. 6.4 Indemnification. In addition to any other indemnity specifically provided in this Agreement, Developer agrees to 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) indemnify and hold harmless City and its respective officers, officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from and against any loss, liability, claim, or judgment arising from any claims, demands, or causes of action arising from or related to this Agreement, including the approval thereof, except to the extent caused by the active negligence or willful misconduct of Indemnitees. 7. ASSIGNMENT; COVENANTS RUN WITH THE LAND 7.1 Assignment by Developer. 7.1.1 Prohibited Transfers or Assignments. Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement, in whole or in part, unless the sale, transfer, or assignment complies with this Section 7. If Developer seeks to sell, transfer or assign the Property or Project, or any 15 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43846773.1 rights and obligations in this Agreement, Developer shall request City's written consent, and City shall respond within thirty (30) days with a written approval or denial, which City may determine in its sole and absolute discretion. If City approves such a request, then prior to any such sale, transfer or assignment, Developer shall pay City's reasonable fees as compensation for the City's review of the request. City's failure to respond to the request within thirty (30) days shall be deemed an approval. 7.1.2 Sale 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, 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 lease and rent the Affordable Units in accordance with the terms and conditions stipulated in Sections 4, 5 and 6 of this Agreement for a term of fifty five (55) consecutive years commencing upon the date that the Project is first occupied. 7.1.3 Subsequent Assigningnt. 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. 7.2 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 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 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 16 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 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. 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 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 (v) the first business day following the date of transmittal of any facsimile, provided confirmation of successful transmittal is retained by the sending Party; 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.O. Box 1988 17 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 Santa Ana, California 92702 Attention: Housing Manager 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 If to Developer: Olive Crest 2130 East Fourth Street, Santa Ana, California 92705 Attn: Donald Verleur 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. 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 18 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43846773.1 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. 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. 19 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 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. 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 20 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43846773.1 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. 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 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. 8.24 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} 21 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the date set forth at the beginning of this Agreement. ATTEST: Jennifer Hall City Clerk APPROVED AS TO FORM: 4L46..R P.1,, r By: Matthew R. Cody Special Counsel for the City RECOMMEND FOR APPROVAL: Michael Garcia Executive Director Community Development Agency CITY OF SANTA ANA Alvaro Nunez City Manager Olive Crest, a Californian nonprofit corporation 6 zo�-;;r By: 4Z1oN►tL8-Lt Z Its: C c v 22 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43 846773.1 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY APN: 400-091-23 Exhibit A to 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 EXHIBIT B TENANT VERIFICATION [SEE FOLLOWING PAGES] Exhibit B to 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 EXHIBIT "B" INCOME VERIFICATION FORM Inclusionary Unit Address: Head of Household (Print Name): Current Address (if different from above): Telephone Number: Home: Email address: Date of Birth: Work: Social Security # or TIN: Household Composition Cell: List All Household Members Living in the Inclusionary Unit Dependent Social Security # Name Sex Age (Y/N) or Taxpayer ID # List additional household members on a separate sheet of paper. Income Verification Form Page 1 Santa Ana, California EXHIBIT "B" INCOME VERIFICATION FORM Monthly Gross Income List All Sources of Income of All Household Members Living in the Inclusionary Unit Part 1: Earned Income Other Head of Household 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 Income Verification Form Page 2 Santa Ana, California EXHIBIT "B" INCOME VERIFICATION FORM Monthly Gross Income * List All Sources of Income of All Household Members Living in the Inclusionary Unit Part 2: Investment Income Total Other Adult Household Head of Household Investment Household Members 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. Income Verification Form Page 3 Santa Ana, California EXHIBIT "B" INCOME VERIFICATION FORM Assets ** List the Current Value of All Assets of All Household Members Living in the Inclusionary 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. Income Verification Form Page 4 Santa Ana, California EXHIBIT "B" 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 1 $ Total Investment Income to be Included in Annual Household Income 1 $ Total Household Income 1 $ Documentation Attach True Copies of the Relevant Documents Listed Below Paycheck stubs from three most recent pay periods Employment verification Three years Income tax returns for Title Holders Social security verification Alimony/child support verification Other (Describe) Bank/Savings account verification Self-employment verification Unemployment verification Welfare verification Disability income verification Income Verification Form Page 5 Santa Ana, California EXHIBIT "B" 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 Inclusionary Unit listed above. (1/we) warrant that all information set forth in this document is true, correct and complete and based upon information (1/we) deem reliable and based upon such investigation as (1/we) deemed necessary. (I/We) acknowledge that (1/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 Inclusionary 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 Inclusionary Unit located at Signature Printed Name Executed at Signature Printed Name ,Santa Ana, California. Date Santa Ana, California Date Executed at , Santa Ana, California Affidavit Page 6 Santa Ana, California EXHIBIT C ANNUAL TENANT RECERTIFICATION [SEE FOLLOWING PAGES] Exhibit C to 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 Exhibit "C" TENANT INCOME VERIFICATION FORM 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION ORDINANCE CITY OF SANTA ANA Table 1: Annual Household Gross Earned Income 1 List All Sources of Earned Income for all Adult Household Members Living in the Inclusionary Unit Other Adult Head of Household Household Members Total 1. Gross amount, before payroll deductions of $ $ $ wages, salaries, overtime pay, commissions, fees, tips and bonuses 2. Net income from business $ $ $ 3. Social security, 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 1 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. Administrative Procedures Manual Page 1 Rental Residential Development June 3, 2025 Table 2A: Household Assets Z List the Value of All Assets Owned by all Adult Household Members Living in the Inclusionary Unit Head of Household Other Adult Household Members Total Return @ 10% of Total 1. Bank & savings accounts $ $ $ $ 2. Stocks and bonds $ $ $ $ 3. Real property $ $ $ $ 4. Other $ $ $ $ Table 213: Income Earned Annually from Household Assets List the Actual Annual Return on All Assets Owned by all Adult Household Members Living in the Inclusionary Unit Other Adult Head of Household Household Members Total 1. Bank and savings accounts $ $ $ 2. Stocks and bonds $ $ $ 3. Real property $ $ $ 4. Other $ $ $ The return on Household assets to be included in the Gross Income calculation is set at the greater of the two amounts shown on the following page: 2 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. Under California Government Code Section 6914, 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. Tenant Income Verification Form Page 2 Administrative Procedures Manual: Rental Housing Development June 3, 2025 Table 2C Annual Asset Income to be Added to Annual Household Gross Earned Income 10% Annual Return Actual Return Return to be Applied 1. Bank and savings accounts $ $ $ 2. Stocks and bonds $ $ $ 3. Real property $ $ $ 4. Other $ $ $ Total Annual Return to be Added to Annual Household Gross Earned Income $ The total Gross Household Income is equal to the sum of the following: Table 3: Calculation of the Household's Total Annual Gross Income Annual Household Gross Earned Income (Table 1) $ Annual Asset Income (Table 2C) $ Total Annual Household Gross Income $ Income Documentation Attach True Copies of the Relevant Documents Listed Below Paycheck stubs from two most recent pay periods Employment verification Income tax return Social security verification Alimony/child support verification Other (Describe) Bank/Savings account verification Self-employment verification Unemployment verification Welfare verification Disability income verification Tenant Income Verification Form Page 3 Administrative Procedures Manual: Rental Housing Development June 3, 2025 Exhibit "C" AFFIDAVIT This Affidavit is made with the knowledge that it will be relied upon by the City of Santa Ana, our landlord and the owner of our apartment building, to determine maximum income for eligibility. (1/we) warrant that all information set forth in this document is true, correct and complete and based upon information (1/we) deem reliable and based upon such investigation as (1/we) deemed necessary. (I/We) acknowledge that (1/we) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of (my/our) rental agreement with the property owner to rent the unit and will additionally enable the property owner to initiate and pursue all applicable legal and equitable remedies with respect to the unit and to me/us. (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 Inclusionary Unit located at Ana, California. Signature Printed Name Date Executed at , Santa Ana, California Signature Printed Name Executed at Date Santa Ana, California ,Santa Tenant Income Verification Form Page 1 Administrative Procedures Manual: Rental Housing Development June 3, 2025 EXHIBIT D ANNUAL RENTAL HOUSING COMPLIANCE REPORT [SEE FOLLOWING PAGES] Exhibit D to 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 ANNUAL RENTAL RESIDENTIAL DEVELOPMENT COMPLIANCE REPORT 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION ORDINANCE CITY OF SANTA ANA Project Name: Project Address: Total Number of Units in the Project: Compliance Report Completed By: Phone Number: Date: Reporting Period: Number of Very Low Income Units: Unit # Household Name Household Size Household Income Number of Bedrooms Calculation of Net Monthly Rent Date First Occupied Date of Last Income Recertification Gross Rent Minus: Net Rent Other Utility Mandatory Allowance Payments Administrative Procedures Manual: Page 1 Rental Residential Development 6/3/2025 F.XAI<RIT F. 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, 6th Floor Santa Ana, California 92702 Attn: Executive Director This document is exempt from payment of a recording fee pursuant to Government Code Sections 27383 and 6103. 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 Section 65915 of the California Government Code, and affects that certain real property generally located at 2130 East Fourth Street, Santa Ana, California (APN 400-091-023) (hereafter, the "Property") as legally described in Exhibit A hereto ("Property"). The City of Santa Ana, a charter city and municipal corporation of the State of California (referred to hereafter as "City"), and Olive Crest, a California nonprofit corporation ("Developer/Property Owner") have entered into that certain Density Bonus Housing Agreement With Declaration of Covenants, Conditions and Restrictions, dated as of , 2025 ("Density Bonus Housing Agreement"). 1. The Density Bonus Housing Agreement provides for affordability restrictions and restrictions on the transfer of the Property, as more particularly set forth in the Density Bonus Housing Agreement. A copy of the Density Bonus Housing Agreement is on file with City as a public record and is deemed incorporated herein. Reference is made to the Density Bonus Housing Agreement 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. Exhibit E to 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 2. For a period commencing upon the date on which the Affordable Unit receives all required occupancy permits from the City and terminating on the fifty- fifth (55th) anniversary thereof, the Property may only be transferred to another eligible, qualified Moderate Income Household at an Affordable Housing Cost; such restrictions are set forth at greater length in the Density Bonus Housing Agreement, which is expected to be recorded substantially concurrently herewith among the Official Records of Orange County, California. 3. Section 4.12 of the Density Bonus Housing Agreement provides as follows: "Notice of Affordability Restrictions on Transfer of Property. In the event of the sale or resale of an Affordable Unit during the Total Affordability Term, the City and the transferor shall execute and deposit into escrow, or record against the Affordable Unit, a Notice of Affordability Restrictions on Transfer of the Property as contained herein (Exhibit E). The sale or transfer of the Property, shall not be effective unless and until the City and the transferee execute the documents necessary to transfer the Density Bonus Agreement obligations from the transferor to the transferee." In the event that Developer/Property Owner desires to Transfer the Property during the Affordability Period, prior to the Transfer the owner shall notify City by delivering a Notice of Intent to Transfer to City, which shall indicate the identity of the proposed Transferee who desires to purchase the Property, whether the purchaser is a Moderate Income Household, and whether the sales price is at an Affordable Housing Cost. In addition to Homebuyer's and the proposed Transferee's delivery of the Notice of Intent to Transfer, the following procedure shall apply: a. Notice to City. Developer/Property Owner shall send the Notice of Intent to Transfer to City at the address set forth in the Density Bonus Housing Agreement. b. Qualification of Proposed Transferee. The proposed Transferee shall provide the 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 purchase price is at an Affordable Housing Cost. C. Certificates from Parties. Developer/Property Owner and proposed Transferee each shall certify in writing, in a form acceptable to City, that Exhibit E to 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 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 the City. The written certificate shall also include a provision that in the event a Transfer is made in violation of the terms of this Restriction 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 Developer/Property Owner and Transferee. d. Written Consent of City Required Before Transfer. During the Affordability Period, the Property, and any interest therein, shall not be conveyed by any Transfer except with the express written consent of the City, which consent shall be given only if the Transfer is in accordance with the provisions of this Restriction. This provision shall not prohibit the encumbering of title for the sole purpose of securing financing of the purchase price of the Property. e. Notice of Prohibited Transfer. Within twenty (20) days after receiving notification of a proposed Transfer in accordance with Section 3a., the City shall determine and give notice to Developer/Property Owner as to whether the proposed Transfer is a Permitted Transfer or Prohibited Transfer. In the event that the proposed Transfer is a Prohibited Transfer, such notice to Developer/Property Owner shall specify the nature of the Prohibited Transfer. If the violation is not corrected to the satisfaction of the City within ten (10) days after the date of the notice, or within such further time as the City determines is necessary to correct the violation, the City may declare a Default under this Restriction. Upon the declaration of a Default, the City may apply to a court of competent jurisdiction for specific performance of this Restriction, for an injunction prohibiting a proposed sale or Transfer in violation of this Restriction, 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, Developer/Property Owner 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 3 and any other documents the City may request. 4. The restrictions contained in the Density Bonus Housing Agreement commence upon the date on which the Affordable Unit receives all required Exhibit E to 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 occupancy permits from the City and terminate on the fifty-fifth (55th) anniversary thereof. 5. The commonly known addresses for the Property is 2130 East Fourth Street, Santa Ana, CA. 6. The assessor's parcel numbers for the Property is 400-091-23 7. The legal description of the Property is attached hereto as Attachment No. 1 and is incorporated herein by reference. 8. The Density Bonus Housing Agreement, which includes the affordability restrictions referenced above, is expected to be submitted for recordation in the Office of the Orange County Recorder contemporaneously with this Notice of Affordability Restrictions. 9. The Density Bonus Housing Agreement remains in full force and effect and is 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 Housing Agreement (including all Attachments 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 Density Bonus Housing Agreement or the Attachments thereto should contact the City at its offices (20 Civic Center Plaza, Santa Ana, California 92701, or such other address as may be designated by the City from time to time). Exhibit E to 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 DEVELOPER/ PROPERTY OWNER: By: Printed Name: [Signature to be acknowledged] THE CITY OF SANTA ANA 0 ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO, City Attorney City Attorney Dated: Executive Director, Community Development Agency Exhibit E to 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 DENSITY BONUS AGREEMENT NO. 2025-03 FOR THE PROPERTY LOCATED AT 2130 EAST FOURTH STREET LOCATED WITHIN THE VILLAGE CENTER DISTRICT OF THE METRO EAST MIXED USE OVERLAY (MEMU). (CONTINUED FROM JUNE 9, 2025) Project Applicant: Donald Verleur (Applicant) representing Olive Crest (Property Owner). Proposed Project: Request for approval of Density Bonus Agreement No. 2025-03 to construct a fifteen -unit multi -family residential development, including three units proposed as affordable to very low-income households earning less than 30-50 percent of the area median income (AMI). As proposed, the project will utilize concessions and a waiver or reduction to deviate from development standards through the density bonus agreement pursuant to California Government Code Sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Sections 41- 1600 through 41-1607. Environmental Impact: Pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15168 (Program EIR) of the CEQA Guidelines. Categorical Exemption Environmental Review No. 2023-94 will be filed for this project. RESOLUTION NO. 2025-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTAANA APPROVING THREE (3) CONCESSIONS AND A WAIVER OR REDUCTION OF DEVELOPMENT STANDARDS PURSUANT TO STATE DENSITY BONUS LAW TO BE MEMORIALIZED IN DENSITY BONUS AGREEMENT NO. 2025-03 TO ALLOW A FIFTEEN -UNIT MULTI -FAMILY DEVELOPMENT FOR THE PROPERTY LOCATED AT 2130 EAST FOURTH STREET (APN: 400-091-23) Recommended Action: Adopt a resolution approving concessions and a waiver or reduction in a development standard as memorialized in Density Bonus Agreement No. 2025- 03, as conditioned. Planning and Building Agency Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report June 23, 2025 Topic: Density Bonus Agreement No. 2025-03 — Olive Crest at 2130 East Fourth Street RECOMMENDED ACTION Adopt a resolution approving concessions and a waiver or reduction in a development standard as memorialized in Density Bonus Agreement No. 2025-03, as conditioned. EXECUTIVE SUMMARY Donald Verleur ("Applicant"), with Olive Crest ("Property Owner"), is requesting approval of Density Bonus Application (DBA) No. 2025-03 to allow the construction of a fifteen -unit multi- family residential development, including three units proposed as affordable to very low- income households earning less than 30-50 percent of the area median income (AMI), at the property located at 2130 East First Street ("Project"). As proposed, the Project will utilize concessions and a waiver or reduction to deviate from development standards through the density bonus agreement pursuant to California Government Code Sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Sections 41-1600 through 41-1607. Staff recommends approval of the Applicant's request as the Project meets the General Plan goals and policies and will contribute to the City's housing stock through the production of rental housing units. Additionally, the Project contributes to the community's affordable housing stock, aims to provide housing for at -risk young adults, represents a significant reinvestment in an underutilized site, and does not result in adverse environmental impacts or serious public health concerns. DISCUSSION Table 1: Project and Location Information Item Information Project Address and Council Ward 2130 East Fourth Street — Ward 3 Nearest Intersection Fourth Street and Golden Circle Drive General Plan Designation District Center — Medium High (DC-3) Zoning Designation Professional (P); Village Center District within the Metro East Use Overly Zone (MEMU) DBA No. 2025-03 — Olive Crest (2130 East Fourth Street) June 23, 2025 Page 2 Item Information North Professional Offices East Medical and Professional Offices Surrounding Land Uses South Multifamily Residential West Professional Offices Property Size Gross Area: 2.64 acres 115,029 square feet Net Area: 0.32 acres 13,801 square feet 53,089-square-foot (gross floor area) office building occupied by Existing Site Development Olive Crest offices, and surface parking lot. There's 31,266 square feet of useable office area, including 16,359 square feet on the first floor and 14,907 square feet on the second floor. Use Permissions Multi -Family Residential (permitted under MEMU, as part of SB 330 request) Uses Article XVI.I (Density Bonus); Village Center District Zoning Code Sections Affected within the Metro East Mixed Use Overlay Zone (MEMU); Background and Context The Project's site is currently developed with a two-story, 53,089-square-foot office building and parking lot, both constructed in the early 1970s. Since its development, the office building has been occupied by various professional and medical office uses. More recently, the building has been occupied by mortgage brokers, commercial real estate, financial consultants, law firms, medical offices, and counseling services. Olive Crest is a nonprofit organization founded in 1973 that offers a range of services, including foster care, adoption, counseling, and parent education programs, aiming to strengthen families and provide safe, loving homes for children in need. Between 1973 and 1993, the Olive Crest office was located at the Northpark Plaza, at 1201-1223 E. Seventeen Street. From 1993 through 1995, their offices were located in the City of Anaheim. In 1995, Olive Crest permanently moved their headquarters to 2130 East Fourth Street, Unit 100. In the past year, all previous tenant leases have expired or not been renewed and Olive Crest is the sole occupant of the building. California Senate Bill 330 The Applicant is proposing a "housing development project," defined by Government Code Section 65589.5(h) as "a use consisting of residential units only, mixed use development consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use, and transitional housing or supportive housing." As such, the subject development will be subject to the limitations imposed by California Senate Bill (SB) 330, the Housing Crisis Act of 2019 or the HCA. SB 330 made numerous changes to existing State law and adopted the Housing Crisis Act of 2019. The changes proposed by SB 330 became effective on January 1, 2020, DBA No. 2025-03 — Olive Crest (2130 East Fourth Street) June 23, 2025 Page 3 establishing a statewide "housing emergency" until January 1, 2025. One of the provisions of the Senate Bill amended Government Code Section 65941.1 with the broad goals of facilitating increased production of new residential units, protecting existing units, and providing for an expedited review and approval process for housing development projects through submittal of a "preliminary application." On January 1, 2022, the HCA was extended until January 1, 2030, with the passage of Senate Bill 8. Among other changes, SB 330 requires the following for applicable housing development projects: New, non-objective development standards established after January 1, 2020, cannot be imposed or enforced. Applicable housing development projects must receive a decision in no more than five (5) public hearings - whether the item is being heard by a Design Review Board, Planning Commission or City Council, and including any appeals (save for those related to a legislative action). Prohibits any moratorium, project or action that would result in a net downzoning, limit the number of permits to be issued, or otherwise reduce housing or limit overall population. As a "housing development project," the application is being submitted pursuant SB 330. The development is required to comply with the objective zoning code standards applicable to the property, but only to the extent that they facilitate the development at the density allowed, 90 dwelling unit per acre (du/ac) per the District Center — Medium High (DC-3) General Plan land use designation. On August 1, 2023, the Applicant submitted an SB 330 Preliminary Application for the proposed Project, which was deemed complete on August 17, 2023. Typically, in order to exercise the option to develop a multi -family residential project under the Metro East Use Overly Zone (MEMU), a project would require a Site Plan Review (SPR) application to be reviewed and approved by the Planning Commission, pursuant to Sections 2.3 and 8.1 of the MEMU. This is typically the requirement given that the underlying zoning designations within the MEMU area are commercial (e.g., Community Commercial "Cl" or Arterial Commercial "C5") or Professional (P), which do not allow residential or mixed -use projects. However, as an SB 330 project, the Applicant can propose to develop per the underlying DC-3 General Plan land use designation, which permits standalone residential and mixed -used projects, without having to rezone the subject property and without being subject to additional entitlements to "activate" the MEMU. As such, the proposed Project is not subject to the SPR requirements outlined in the MEMU. Although not subject to an SPR, the Project has been carefully designed to be consistent with the Village Center (VC) district standards outlined in the MEMU, with exception of the requested concessions and waiver or reduction through the density bonus agreement, which are discussed in subsequent sections in this report. DBA No. 2025-03 — Olive Crest (2130 East Fourth Street) June 23, 2025 Page 4 Project Description The development will consist of two identical, two-story buildings each 7,976 square feet in size, to be located towards the rear (south) of the existing site. As outlined in Exhibit 4, the Project would be developed with a gross density of 5.68 dwelling units per acre (du/ac) and a net density of 46.87 du/ac, well below the permitted 90 du/ac by the DC-3 land use designation. The units are designed as flats/apartments with Building Al having seven two - bedroom units and an area dedicated as Common Area, to include a community room, office, bathroom, and laundry area. Building A2 would include eight two -bedroom units. The unit sizes will vary between 761 and 785 square feet, and each unit will be fully equipped with a kitchen, bedrooms, bathrooms, and common living areas. As previously described, the Project will include affordable units, with three units designated for very low-income households earning 30-50 percent of the AMI which is currently $84,600 for a four -person household, as determined by the California Department of Housing and Community Development (HCD). Two affordable units would be included in Building A2, and would be 785 square feet in size. The additional affordable unit would be included in Building Al and would be 761 square feet in size. Like the market rate units, each affordable unit will be fully equipped with a kitchen, bedrooms, bathrooms, and common living areas, ensuring a high standard of living for future residents. The Project incorporates a combination of a contemporary/Mediterranean architectural style consistent with many multi -family and mixed -use residential communities currently under construction in Santa Ana and the surrounding region. The overall design, massing, materials, and architectural features are intended to be compatible with, yet distinct from multi -family residences existing and currently under construction in the MEMU. The architectural style is characterized by a combination stucco walls painted in a warm earth tone color, natural stone wainscoting along the building base, decorative louvers, window trims, and exposed rafter tails. Table 2 below details the Project's conformance to the MEMU development standards. Table 2: Development Standards Development Standards MEMO Standard Required/Allowed Provided Use Mixed -use Horizontal mixed -use (multi- family and professional offices) Density 90 du/ac 5.68 du/ac (net) and 46.87 du/ac (gross) Lot Size 30,000 square feet 115,029 (2.67 acres) Floor Area Ratio (FAR) 3.00 FAR 0.38 FAR Building Height Six stories (max.) Two stories Minimum Floor Heights 9-15 Feet 9'-l" ground; 9'-l" upper DBA No. 2025-03 — Olive Crest (2130 East Fourth Street) June 23, 2025 Page 5 Standard Required/Allowed Provided East side yard: 5 feet (min.) East side yard: 10 feet (min.) Rear: 5 feet (min.) Rear: 10 feet (min.) Setbacks Internal aisle: 3 feet (min.) Internal aisle: 3 feet (min.) Adjacent to parking: 7 feet (min.) Adjacent to parking: 7 feet (min.) Building to building: 6 feet min. Building to building: 10 feet Frontage Type Front Porch, Stoop, Forecourt, Shop Arcade frontage provided. Front, Gallery, or Arcade Publicly Accessible Open 10-percent of the gross site area None provided. — Requires Space 11,503 square feet Concession, Incentive, or Waiver Common: Five -percent of the total development site area (gross area) 1.4 percent of the lot Common Open Space for nonresidential uses (5,062 square (1,430 square feet) — Requires feet) Concession, Incentive, or Waiver) Private Open Space 90 square feet per unit None provided. — Requires 1,350 square feet Concession, Incentive, or Waiver Residential: 2.25 spaces per unit (34 spaces required) Non-residential: 3 spaces/ 1,000 Residential: Zero spaces per unit square feet (94 spaces required) Non-residential: 136 spaces Parking Spaces Total: 128 spaces required Total: 136 State Density Bonus Ratio* Requires Concession, Incentive, or Residential: 23 spaces (1.5 per 2 Waiver bedroom units) * Pursuant to California Government Code Section 65915-65918 Density Bonus Law As part of the Project, the Applicant is seeking concessions allowable by the California Density Bonus law which allow developers proposing five or more residential units 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 three incentives/concessions and an unlimited number of waivers, which are essentially variances from development standards that would help the Project be built without significant burden and without detriment to public health. The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. Recent revisions allow affordable housing developers to request incentives/concessions and/or waivers or reductions for affordable or mixed -income developments, even if they do not require a numerical density bonus. Moreover, in early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to "justify" the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. DBA No. 2025-03 — Olive Crest (2130 East Fourth Street) June 23, 2025 Page 6 For this Project, the developer is not requesting a State density bonus for additional units but will avail themselves of the incentive/concessions and waiver or reductions that are required to be provided by State density bonus law for projects with the requisite affordability. Due to the Project's twenty -percent (20%) affordability rate, the developer can seek three density bonus incentive/concessions 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. 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), a local jurisdiction is limited in its ability to deny requested incentives, concessions, and waivers. The City has analyzed the Project and has identified several areas of potential impacts; however, the conditions of approval proposed for the Project are intended to address the Project's potential impacts. Table 3: Requested Concessions and Waiver Standard Required by MEMU Provided No publicly accessible open space Publicly Accessible Open Ten -percent of the gross site provided. Requires Concession (1 of Space area (115,029 square feet) 3), Cal. Gov't Code Sec. 65915 d 2 C • 90 square feet per unit No private open space provided. Private Open Space (1,350 square feet); and Requires Concession (2 of 3), Cal. Gov't Code Sec. 65915 (d)(2)(C) Residential: 34 spaces • Non-residential: 94 0 Zero spaces provided for residential spaces units proposed. Parking Requirements Total required: 128 0 136 parking spaces provided for spaces non-residential. • Total residential required Requires Concession (3 of 3), Cal. by State Density Bonus: Gov't Code Sec. 65915 (d)(2)(C) 23 s aces • Five -percent of the gross Common open space provided at site area for rate of 1.4-percent of the gross site Common Open Space nonresidential uses area (1,430 square feet) Requires (5,062 square feet) Waiver, Cal. Gov't Code Sec. 65915 (e) (1) Onsite Parking To accommodate the Project, the Applicant is proposing to reduce the overall onsite parking from 163 to 136 parking stalls, a reduction of 27 spaces. The office building's gross floor area is approximately 53,089 square feet, inclusive of corridors, walkways, stairwells, etc. The useable office floor area is approximately 31,266 square feet, with 16,359 square feet DBA No. 2025-03 — Olive Crest (2130 East Fourth Street) June 23, 2025 Page 7 on the first floor and 14,907 square feet on the second floor. Pursuant to the City's off-street parking requirements, the office building requires a total of 94 parking stalls. Moreover, the required residential parking pursuant to the State Density Bonus requirements would be 23 spaces. Therefore, the total required parking for the Project would be 117 parking spaces. The Applicant is proposing a total of 136 surface parking stalls, which would be a surplus of 19 parking stalls. Given the above parking analysis, the Project is not anticipated to have any parking impacts. However, to proactively address any neighborhood parking impacts that could result from the Project, the conditions of approval and terms of the DBA include provisions requiring the following parking management practices, to be incorporated into the Project and which shall apply throughout the life of the Project: Requiring onsite parking permits (such as stickers or hang -tags) for any parking dedicated to the residential units, inclusive of guest parking spaces; Policies for maximum time vehicles may be parked in the surface guest spaces; and 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. Protect Analysis Pursuant to SAMC Section 41-1607, the Planning Commission must review and approve deviations based on specified findings. The Planning Commission's approval of the deviations is based on the following: The proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. 2. The development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. 3. 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. DBA No. 2025-03 — Olive Crest (2130 East Fourth Street) June 23, 2025 Page 8 Table 4: Analysis of the Requested Concessions (3) and Waiver (1) Standard Analysis Section 4.5 (Publicly Accessible Open Space) of the MEMU states that a minimum of ten -percent of the gross site area (115,029 square feet) is required to be dedicated to publicly accessible open space. Instead, the Project provides no accessible open space. Providing the required publicly accessible open space would reduce the total number of units that can be developed, reduce the overall number of surface parking on the site, and/or impact the drive aisle area, compromising the Project's feasibility and safety for residents and emergency responders. Moreover, given the existing office building development location, limited drive aisle width along Fourth Street, and the overall site configuration, providing publicly accessible open space would be physically infeasible. It would require physically altering/reducing the existing office building along the Fourth Street Publicly Accessible frontage to allow for the required plaza, courtyard, or other publicly accessible Open Space open space area. (Incentive/Concession) Therefore, the site cannot accommodate the publicly accessible open space required without making the Project financially infeasible. This would likely lead to a reduced unit count, smaller unit sizes, or a narrower drive aisle, creating a multiplying effect that ultimately decreases the size of the buildings. The units have been carefully designed to balance common areas and bedroom space, and any further reduction could compromise livability for future owners. Moreover, if the Project becomes financially unviable, it could result in the loss of the three affordable units. Lastly, the overall site design and proposed amenities took into account the proximity of the City of Santa Ana Zoo/Prentice Park, which is located approximately 4,500 linear feet (0.85 miles) to the southwest of the project site, and Cabrillo Park, which is approximately 2,400 linear feet (0.45 miles) to the northwest of the project site. The close proximity of the City park space reduces the overall impact of the concession for the publicly accessible open sace. Section 4.6 (Private/Common Open Space) of the MEMU indicates that the minimum required private open space is 90 square feet per dwelling unit. As proposed, the Project does not provide any private open space for the units. The most direct approach to meeting the minimum private open space requirement would involve constructing balconies, patios, terraces, or rooftop decks for each unit. This requirement would not only compromise the livability Private Open Space but also reduce the sense of privacy for residents, as the anticipated residents (Incentive/Concession) would include transitional age youth (TAY), who often includes individuals who are aging out of foster care, exiting the juvenile justice system, or experiencing homelessness, mental health challenges, or other vulnerabilities. Additionally, constructing balconies, patios, terraces, or rooftop decks for each unit would be economically infeasible and the strict adherence would lead to the elimination of residential units, which would affect the feasibility to construct the Project. Staff notes that the overall site design and proposed amenities took into account the proximity of the City of Santa Ana Zoo/Prentice Park and Cabrillo Park, which are located approximately 0.85-miles and 0.45-miles DBA No. 2025-03 — Olive Crest (2130 East Fourth Street) June 23, 2025 Page 9 Standard Analysis away. The close proximity of the City park space reduces the overall impact of the concession for the private open space requirement. Section 4.8 (Parking and Access) of the MEMU outlines parking requirements for mixed -use developments in the Village Center district of the MEMU. Specifically, as a mixed -use project site the overall development requires 34 parking spaces for the residential component (2.25 spaces per unit) and 94 spaces for the office component (3 spaces per 1,000 square feet), a total of 128 spaces. The total required residential parking pursuant to the State Density Bonus is 23 spaces (1.5 spaces per 2 bedroom unit). Therefore, the total parking required with the State Density Bonus parking requirements would be 117 spaces. The Applicant is proposing a total of 136 surface parking stalls, which would be a surplus of 19 parking stalls. Therefore, the Project is not anticipated to have any parking impacts. Staff notes that the Applicant is requesting a concession from the parking requirements for the residential component, due to the financial constraints and hardships associated with meeting building code requirements for new parking. Parking Requirements The primary concern would be the financial burden associated with complying (Incentive/Concession) with the electric vehicle charging stations requirements. For multi -family dwellings, forty -percent of total parking spaces must be equipped with low - power Level 2 Electric Vehicle (EV) charging receptacles and ten -percent of parking spaces must have Level 2 Electric Vehicle Supply Equipment (EVSE) installed. EVSE refers to the charging infrastructure that delivers electrical energy from the grid to an electric vehicle (EV). In order to meet these EV charging requirements, an upgrade to the existing electrical infrastructure would be required, including the installation of a larger transformer in compliance with Southern California Edison (SCE) standards. However, such an upgrade presents a significant financial challenge. The costs associated with transformer upgrades including design, permitting, utility coordination, and construction, can exceed hundreds of thousands of dollars. Furthermore, the process is often time consuming and subject to extended delays due to SCE's backlog and project review protocols. Given these high costs and logistical barriers, the transformer upgrade necessary to comply with EVSE requirements would be financially infeasible for the Applicant and would lace an undue hardship on the development of the residential project. Section 4.6 (Private/Common Open Space) of the MEMU indicates that a minimum of five -percent of common open space is required for non-residential uses (i.e., office), which would result in a requirement of 5,062 square feet. As proposed, the Project includes common open space at rate of 1.4-percent of Common Open Space the gross site area, which equates to 1,430 square feet. (Waiver) Strict adherence to the common open space requirement would result in a reduction in the number of units that can be provided in the overall Project, affecting the feasibility to construct the Project. In order to provide the required common opens ace and maintain the current proposed unit count, the DBA No. 2025-03 — Olive Crest (2130 East Fourth Street) June 23, 2025 Page 10 Standard Analysis developer would be required to remove additional surface parking stalls on the site, which would which would create overall parking constraints on the site and would further increase development costs making the Project economically infeasible. To help alleviate the common open space deficiency, the Project proposes a 761-square-foot community area to include a community room, office, bathroom, and laundry area. Moreover, the 1,430 square feet of outdoor open space would be improved with high quality decorative pavers, synthetic turn lawn, moveable furnishings, and landscaping. Lastly, the overall site design and proposed amenities took into account the proximity of the City of Santa Ana Zoo/Prentice Park and Cabrillo Park, which are located approximately 0.85-miles and 0.45-miles away. The close proximity of the City park space reduces the overall impact of the waiver for the open space requirement. Based on the analysis provided within this report, the proposed development will materially assist in accomplishing the goal of providing additional affordable and market -rate rental housing stock in the city and will consistent with the applicable designation in the general plan land use element. In addition, the proposed deviations are necessary to make the Project economically feasible pursuant to section 41-1603. General Plan Consistency The proposed Project aligns with several goals and policies of the City of Santa Ana's General Plan. Goal LU-1 of the Land Use Element (LU) seeks to provide a land use plan that enhances quality of life while respecting the existing community. By introducing high - quality, service -enriched housing for transitional aged youth (TAY), the Project would improve quality of life for both future residents and the broader community. The development activates an underutilized site adjacent to Olive Crest's Children and Family Resource Center, and introduces a compatible residential use that is consistent in scale and form with the surrounding neighborhood. This supports Policy LU-1.1, which promotes compatible land uses to enhance livability and promote a healthy lifestyle. The Project furthers the City's goal of diversifying the housing stock by providing transitional supportive housing tailored to the unique needs of TAY, a population with limited access to stable housing. This aligns with Policy LU-1.5, which encourages quality infill residential development that includes diverse housing types for all income levels and age groups. By focusing specifically on youth emerging from foster care, homelessness, or other housing -insecure circumstances, the Project offers a deeply needed housing solution that expands the City's capacity to accommodate all residents, regardless of income or background. Additionally, the development promotes inclusive neighborhoods, supporting Policy LU-4.7, which encourages mixed -income developments and housing variety to foster economically diverse communities. DBA No. 2025-03 — Olive Crest (2130 East Fourth Street) June 23, 2025 Page 11 From a housing policy perspective, the Project is also consistent with key objectives in the Housing Element. Goal HE-2 promotes the development of a diverse range of high - quality housing options to meet the needs of residents across all household types, ages, and income levels. The Project responds to this goal by providing fifteen units in a shared housing configuration, designed specifically for young adults who are experiencing or at risk of homelessness. This development adds to the City's housing diversity and helps fill a critical service gap. In addition, the Project supports Policy HE-2.5, which calls for a variety of housing types, prices, and sizes. The shared living design and supportive services component offer a unique living experience that goes beyond traditional housing models and contributes meaningfully to the diversity of the City's housing inventory. The development leverages partnerships, services, and community -based programming to deliver housing that is both deeply affordable and holistically supportive. Overall, the Project is thoughtfully designed to meet the immediate and long-term needs of a vulnerable population while advancing the City of Santa Ana's goals for inclusive, complete, and livable neighborhoods. It represents a high -quality infill project that adds to the city's housing diversity and contributes to long-term community stability. Affordable Housing Opportunity and Creation Ordinance The Project exceeds the affordable housing goal for the rental category of the City's Affordable Housing Opportunity and Creation Ordinance (AHOCO) by 100-percent, by providing three (3) onsite units designated for households earning 30-50 percent of the AMI (very low-income), which is currently set at $84,600 for a four -person household. Two affordable units would be included in Building A2, and would be 785 square feet in size. The additional affordable unit would be included in Building Al and would be 761 square feet in size. Each affordable unit will be fully equipped with a kitchen, bedrooms, bathrooms, and common living areas, ensuring a high standard of living for future residents. The developer's Inclusionary Housing Plan has been reviewed and approved by the City's Housing Division. Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided in Exhibit 9. The site is located within the boundaries of the Zoo District neighborhood and adjacent to the Lyon Street neighborhood. The neighborhood association representatives were contacted to identify any areas of concern due to the proposed application request. At the time this report was printed, no additional issues of concern were raised. DBA No. 2025-03 — Olive Crest (2130 East Fourth Street) June 23, 2025 Page 12 ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the proposed Project is exempt from further environmental review under Section 15168 (Program EIR). This exemption applies when a previously certified Program Environmental Impact Report (Program EIR) has adequately analyzed the environmental effects of an activity, and no new significant impacts would result from the proposed Project. If the proposed Project remains within the scope of the Program EIR and does not require a subsequent Environmental Impact Report (EIR), no additional environmental documentation is required. Therefore, a Notice of Exemption, Environmental Review No. 2023-94, will be filed for the Project. EXHIBITS 1. Resolution 2. Vicinity Zoning and Aerial View 3. Site Photos 4. Site Plan 5. Floor Plans 6. Elevations 7. Conceptual Landscape Plan 8. Draft Density Bonus Agreement 9. Copy of Public Notice Submitted By: Pedro Gomez, AICP, Principal Planner Approved By: Ali Pezeshkpour, AICP, Acting Executive Director, Planning and Building Agency RESOLUTION NO. 2025-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING THREE (3) CONCESSIONS AND A WAIVER OR REDUCTION OF A DEVELOPMENT STANDARD PURSUANT TO STATE DENSITY BONUS LAW TO BE MEMORIALIZED IN DENSITY BONUS AGREEMENT NO. 2025-03 TO ALLOW A FIFTEEN - UNIT MULTI -FAMILY DEVELOPMENT FOR THE PROPERTY LOCATED AT 2130 EAST FOURTH STREET (APN: 400-091-23) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Donald Verleur ("Applicant"), with Olive Crest ("Property Owner"), is requesting approval of Density Bonus Application (DBA) No. 2025-03 to allow the construction of a fifteen -unit multi -family residential development, including three units proposed as affordable to very low-income households earning less than 30-50 percent of the area median income (AMI), at the property located at 2130 East First Street ("Project"). B. California Senate Bill 330, the Housing Crisis Act of 2019 (HCA), amending the Permit Streamlining Act and the Housing Accountability Act, became effective on January 1, 2020, and established a statewide "housing emergency" until January 1, 2025. C. On January 1, 2022, the HCA was extended until January 1, 2030, with the passage of Senate Bill 8. D. The proposed development is being submitted as a Senate Bill No. 330 (SB 330) application. In consultation with City Staff, the Applicant has selected the Village Center district zoning designation within the Metro East Use Overly Zone (MEMU) as the proposed zoning for the Project. E. As an SB 330 project, the Project is not subject to the Site Plan Review requirements pursuant to Sections 2.3 and 8.1 of the MEMU. The Project will be developed pursuant to the underlying District Center -Medium High (DC-3) General Plan land use designation. F. The MEMU was adopted in 2007 to encourage mixed -use residential and commercial development. The overlay district was later expanded in 2018. The regulating plan, which establishes land uses and development Resolution No. 2025-XX Page 1 of 13 standards, allows a variety of housing projects, including multi -family and mixed -use residential communities, as well as live/work units. G. The proposed Project conforms to a majority of the development standards of the Village Center district of the MEMU with the exception of publicly accessible open space, private/common open space, building frontage, and parking requirements. The Applicant is seeking concessions or incentives, and a waiver or reduction in development standards pursuant to Section 65915 of the California Government Code. 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 or reduction of development standards. The Applicant's request has been evaluated by the City's Development Review Committee ("DRC") through Development Project No. 2023-32. Through this review, the DRC has considered the subject site, proposed development, and the Applicant's request for concessions, incentives, and waiver or reduction in a development standard. J. On June 23, 2025, 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. K. Section 41-1607 of the Santa Ana Municipal Code (SAMC) requires that deviations (incentives/concessions and/or waivers or reductions) be approved by the Planning Commission. L. The Planning Commission determined that the following findings, which must be established in order to grant a deviation pursuant to SAMC Section 41-1607 have been established for Density Bonus Agreement No. 2025-03 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 Project will provide fifteen rental housing units, including three units designated for very low-income households earning between 30-50 percent of the Area Median Income (AMI). This affordability commitment exceeds the goals of the City's Affordable Housing Opportunity and Creation Ordinance (AHOCO) by 100-percent. Moreover, the Project will serve transitional aged youth (TAY), a vulnerable population that includes individuals aging out of foster care, Resolution No. 2025-XX Page 2 of 13 exiting the juvenile justice system, or experiencing homelessness. By expanding the City's rental housing stock for deeply affordable housing the Project will contribute to the City's efforts to provide economically inclusive, balanced communities and will help address a critical service gap identified in the General Plan Housing Element. Moreover, by introducing affordable housing the Project contributes to an economically balanced community, ensuring that individuals and families across different income levels and demographics have access to quality housing. Lastly, its strategic location within an area rich in employment opportunities, commercial developments, and existing market -rate housing further enhances its role in fostering a well-rounded, sustainable, and thriving urban environment. 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 Project is located within the District Center — Medium High (DC-3) General Plan designation and the Professional (P) zone within the Metro East Mixed Use (MEMU) Overlay Zone. While the base zoning is oriented toward professional and office uses, the MEMU overlay and the City's compliance with State Senate Bill 330 allow for residential development consistent with the DC-3 land use designation. The DC-3 designation is intended to support urban, mixed - use, and employment centers that are well connected to public transportation and provide opportunities for new urban - scale development. It encourages a mix of uses, including medium to urban density housing types (e.g., condominiums, apartments, and townhomes), professional and multilevel corporate offices, as well as retail, cultural, and recreational amenities. Both horizontal and vertical mixed -use configurations are permitted, supporting integrated urban neighborhoods. The Project is consistent with the DC-3 designation as it introduces a fifteen -unit multi -family residential development, including three units designated for very low-income households, on a site currently occupied by professional offices. The development represents a horizontal mixed -use configuration, with residential units integrated alongside the existing Olive Crest office facilities. Resolution No. 2025-XX Page 3 of 13 The Project maintains compatibility with surrounding uses, including nearby medical and professional offices, as well as multifamily residential to the south, while promoting transit accessibility and walkability. Moreover, the Project's scale, design, and mix of uses advance the goals of the DC-3 designation by supporting infill housing, expanding residential opportunities in an employment -rich area, and contributing to a vibrant, urban activity center. The proposed density, at 46.87 du/ac is well within the 90 du/ac maximum allowed under the DC-3 designation, further reinforcing consistency with the General Plan. 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 three deviations through incentives/concessions: publicly accessible open space, private open space, and parking requirements; as well as one deviation from a waiver in the common open space requirements. The four deviations are described as follows: Publicly Accessible Open Space (Incentive/Concession) Section 4.5 (Publicly Accessible Open Space) of the MEMU states that a minimum of ten -percent of the gross site area (115,029 square feet) is required to be dedicated to publicly accessible open space. Instead, the Project provides no accessible open space. Providing the required publicly accessible open space would reduce the total number of units that can be developed, reduce the overall number of surface parking on the site, and/or impact the drive aisle area, compromising the Project's feasibility and safety for residents and emergency responders. Moreover, given the existing office building development location, limited drive aisle width along Fourth Street, and the overall site configuration, providing publicly accessible open space would be physically infeasible. It would require physically altering/reducing the existing office building along the Fourth Street frontage to allow for the required plaza, courtyard, or other publicly accessible open space area. Therefore, the site cannot accommodate the publicly accessible open space required without making the Project financially infeasible. This would likely lead to a reduced unit Resolution No. 2025-XX Page 4 of 13 count, smaller unit sizes, or a narrower drive aisle, creating a ripple effect that ultimately decreases the size of the buildings. The units have been carefully designed to balance common areas and bedroom space, and any further reduction could compromise livability for future owners. Moreover, if the Project becomes financially unviable, it could result in the loss of the three affordable units. Lastly, the overall site design and proposed amenities took into account the proximity of the City of Santa Ana Zoo/Prentice Park, which is located approximately 4,500 linear feet (0.85 miles) to the southwest of the project site, and Cabrillo Park, which is approximately 2,400 linear feet (0.45 miles) to the northwest of the project site. The close proximity of the City park space reduces the overall impact of the concession for the publicly accessible open space. Private Open Space (Incentive/Concession) Section 4.6 (Private/Common Open Space) of the MEMU indicates that the minimum required private open space is 90 square feet per dwelling unit. As proposed, the Project does not provide any private open space for the units. The most direct approach to meeting the minimum private open space requirement would involve constructing balconies, patios, terraces, or rooftop decks for each unit. This requirement would not only compromise the livability but also reduce the sense of privacy for residents, as the anticipated residents would include transitional age youth (TAY), who often includes individuals who are aging out of foster care, exiting the juvenile justice system, or experiencing homelessness, mental health challenges, or other vulnerabilities. Additionally, constructing balconies, patios, terraces, or rooftop decks for each unit would be economically infeasible and the strict adherence would lead to the elimination of residential units, which would affect the feasibility to construct the Project. Staff notes that the overall site design and proposed amenities took into account the proximity of the City of Santa Ana Zoo/Prentice Park and Cabrillo Park, which are located approximately 0.85-miles and 0.45-miles away. The close proximity of the City park space reduces the overall impact of the concession for the private open space requirement. Resolution No. 2025-XX Page 5 of 13 Parking Requirements (Incentive/Concession) Section 4.8 (Parking and Access) of the MEMU outlines parking requirements for mixed -use developments in the Village Center district of the MEMU. Specifically, as a mixed - use project site the overall development requires 34 parking spaces for the residential component (2.25 spaces per unit) and 94 spaces for the office component (3 spaces per 1,000 square feet), a total of 128 spaces. The total required residential parking pursuant to the State Density Bonus is 23 spaces (1.5 spaces per 2 bedroom unit). Therefore, the total parking required with the State Density Bonus parking requirements would be 117 spaces. The Applicant is proposing a total of 136 surface parking stalls, which would be a surplus of 19 parking stalls. Therefore, the Project is not anticipated to have any parking impacts. Staff notes that the Applicant is requesting a concession from the parking requirements for the residential component, due to the financial constraints and hardships associated with meeting building code requirements for new parking. The primary concern would be the financial burden associated with complying with the electric vehicle charging stations requirements. For multi -family dwellings, forty -percent of total parking spaces must be equipped with low -power Level 2 Electric Vehicle (EV) charging receptacles and ten -percent of parking spaces must have Level 2 Electric Vehicle Supply Equipment (EVSE) installed. EVSE refers to the charging infrastructure that delivers electrical energy from the grid to an electric vehicle (EV). In order to meet these EV charging requirements, an upgrade to the existing electrical infrastructure would be required, including the installation of a larger transformer in compliance with Southern California Edison (SCE) standards. However, such an upgrade presents a significant financial challenge. The costs associated with transformer upgrades including design, permitting, utility coordination, and construction, can exceed hundreds of thousands of dollars. Furthermore, the process is often time consuming and subject to extended delays due to SCE's backlog and project review protocols. Given these high costs and logistical barriers, the transformer upgrade necessary to comply with EVSE requirements would be financially infeasible for the Applicant and would place an undue hardship on the development of the residential project. Resolution No. 2025-XX Page 6 of 13 Common Open Space (Waiver) Section 4.6 (Private/Common Open Space) of the MEMU indicates that a minimum of five -percent of common open space is required for non-residential uses (i.e., office), which would result in a requirement of 5,062 square feet. As proposed, the Project includes common open space at rate of 1.4-percent of the gross site area, which equates to 1,430 square feet. Strict adherence to the common open space requirement would result in a reduction in the number of units that can be provided in the overall Project, affecting the feasibility to construct the Project. In order to provide the required common open space and maintain the current proposed unit count, the developer would be required to remove additional surface parking stalls on the site, which would which would create overall parking constraints on the site and would further increase development costs making the Project economically infeasible. To help alleviate the common open space deficiency, the Project proposes a 761-square-foot community area to include a community room, office, bathroom, and laundry area. Moreover, the 1,430 square feet of outdoor open space would be improved with high quality decorative pavers, synthetic turn lawn, moveable furnishings, and landscaping. Lastly, the overall site design and proposed amenities took into account the proximity of the City of Santa Ana Zoo/Prentice Park and Cabrillo Park, which are located approximately 0.85-miles and 0.45-miles away. The close proximity of the City park space reduces the overall impact of the waiver for the open space requirement. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the proposed Project is exempt from further environmental review under Section 15168 (Program EIR). This exemption applies when a previously certified Program Environmental Impact Report (Program EIR) has adequately analyzed the environmental effects of an activity, and no new significant impacts would result from the proposed Project. If the proposed Project remains within the scope of the Program EIR and does not require a subsequent Environmental Impact Report (EIR), no additional environmental documentation is required. Therefore, a Notice of Exemption, Environmental Review No. 2023-94, will be filed for the 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 No. 2025-XX Page 7 of 13 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 Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves that certain concessions and those waivers or reductions of development standards (deviations), as described in this Resolution and in the City's Staff Report and as memorialized in Density Bonus Agreement No. 2025-03 in Exhibit A attached hereto and incorporated as though fully set forth herein and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 23, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 23rd day of June 2025, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Jennifer Oliva Chairperson Resolution No. 2025-XX Page 8 of 13 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Melissa M. Crosthwaite Senior Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, GEMA ZAPIEN, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-XX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 23, 2025. Date: Gema Zapien Acting Recording Secretary City of Santa Ana Resolution No. 2025-XX Page 9 of 13 EXHIBIT A Conditions for Approval for Density Bonus Agreement Application No. 2025-03 The incentives/concessions and waiver or reduction of a development standard (deviations) as memorialized in Density Bonus Agreement Application No. 2025-03 are 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 this Resolution. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. 1. All proposed site improvements must conform to the Development Project (DP) approval of DP No. 2023-32 and the plans presented to the Planning Commission on the date of public hearing and project approval. 2. Any proposed amendment to the DP No. 2023-32, 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. The project shall comply with all applicable mitigation measures as identified by the Mitigation Monitoring and Reporting Program of the 2007 Environmental Impact Report (EIR) and 2018 Subsequent EIR (SCH No. 2006031041). 4. Exterior building and exterior parking structure materials, finishes and colors for the Project shall comply with the approved materials board submitted for the Project and as approved by the Planning and Building Agency. Any changes to the materials, finishes and colors shall be approved by the Planning and Building Agency. All trash enclosures and similar ancillary structures shall match the texture, material and color of the primary building. 5. Walls and Fencing. a. The Applicant is responsible for coordination with any adjacent property owners to avoid double -walls or gaps between walls/fencing where possible. b. Climbing vines shall be planted at regularly -spaced intervals along all exposed walls and wrought -iron fencing to deter graffiti. All solid walls shall be finished with anti -graffiti coating. Resolution No. 2025-XX Page 10 of 13 6. All mechanical equipment shall be screened from view from public and courtyard areas. 7. The following parking management practices shall be incorporated and shall apply through the life of the Project: a. Requiring onsite parking permits (such as stickers or hang -tags) for any parking dedicated to the residential units, inclusive of guest parking spaces; b. Policies for maximum time vehicles may be parked in the surface guest parking spaces; 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. 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 hours, staging areas, parking and site security/screening during project construction. 9. A final detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas as well as an installation plan. The exact specifications for these items are subject to the review and approval by the Planning Division. 10. Before submitting a landscape review application, the Applicant shall meet with Planning Division staff to evaluate the proposed plant species, sizes, quantities, and placement of trees, shrubs, and groundcover to ensure they maximize onsite landscaping in compliance with established landscape standards. The final landscape plan shall include a diverse selection of shade - producing canopy trees from the City's approved street tree list, ensuring the maximum possible number is incorporated. 11. Prior to installation of landscaping, the Applicant shall submit 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. 12. After Project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. Resolution No. 2025-XX Page 11 of 13 13. 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 owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a property management agreement. The agreement shall be recorded against the property by the City and shall be in a form reasonably satisfactory to the City Attorney. The executed agreement must be submitted to the Planning Division by the Applicant within 90 days of the approval of this Resolution. The 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 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 Resolution No. 2025-XX Page 12 of 13 assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the agreement. g. The 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 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. h. The execution and recordation of the agreement shall be a condition precedent to issuance of building permits. Resolution No. 2025-XX Page 13 of 13 5/14/25, 9:29 AM DBA-2025-03 - Olive Crest 2130 E. Fourth Street i������� is a� • R1 he- {_ e11� I•pu P F F, I - -Santa Ana Boundary 0 P Zoning F F Zonedesc General Agricultural Community Commercial Community Commercial -Museum District General Commercial ■ Planned Shopping Center L __ Arterial Commercial Commercial Residential ■ South Main Street Commercial District Government Center Light Industrial P e Heavy Industrial F w Open Space Land Metro East Overlay Zone FS,. ITE M Professional Single -Family Residence M Two -Family Residence Multiple -Family Residence yy Suburban Apartment ,f'I ' 5 I ■Residential -Estate Specific Development No- 1 ) Specific Development No. 11 Specific Development No. 12 Specific Development No. 13 Specific Development No. IS Specific Development No- 16 Specific Devvelopmment 17 I --- — - — NNo- Specific Dpnt 18 Specific Development No. 19-. Specific Development No. 2 L , Specific Development No- 20 Specific Development No- 21 Specific Development No. 25'� Specific Development No. 26* F7 Specific Development No. 27 4,L Specific Development No. 31 Specific Development No- 32 i} Specific Development No 34' Specific Development No. 35 Speck Development No. 36 s Specific Development No. 38 Specific Development No- 39 Specific Development No-4 x Speck Development No. 40 Specific Development No. 41 Specific Development No. 42 ; Specific Development No-43 Specific Development No. 44 Specific Development No.46 Specific Development No. 48 � Specific Development No. 49 Zoning 0 ZONECLASS �.. 55 ro Exhibit 2 - Vicinity Zoning and Aerial View s°r https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview.htm 6 0 L s' 111 UUMS '1suam11n5 (cl qn?r: ninifAl Man Prnrillrtc All rinhtc racarvari A Fourth Street— Looking West Parking Area — Looking Southeast Rear Site Area — Looking North Parking Area — Looking Southwest Exhibit 3 — Site Photos DBA-2025-03 2130 E. Fourth Street Parking Area — Looking East Parking Area — Looking South L w - - _®c�ruaeu %m ewisxowxamiiwxarnsirtvux�EolivvuuNiwmnxowua[avls[oovuooln[onsrv[cBsswvuvoxcauvunoxol�xr:woMr vvlm]om[I.awx[ SITE INFORMATION ADDRESS: 2150 & 2160 E.4TH STREET PARCEL NO.: 400-091-23 SITE AREA: 115, 029 SF / 2.64 AC AREA OF IMPROVEMENT: 13, 801 SF 1032 AC CITY: SANTA ANA COUNTY: COUNTY OF ORANGE EXISTING ZONING: PROFESSIONAL; METRO EAST MIXED USE EXISTING GENERAL PLAN: OVERLAY ZONE ("MEMU") DISTRIC CENTER - MEDIUM HIGH FIRE CODE: CALIFORNIA FIRE CODE CONSTRUCTION TYPE / FIRE RATING: V-A OCCUPANCY TYPE: R2 FIRE SPRINKLER TYPE: NFPA 13R SITE PLAN SUMMARY PROPOSED UNITS: 15 UNITS (including 3 Very Low Income Units (20%) GROSS/ NET DENSITY: 5.68 DU/GROSS AC 146.87 DU/NET AC UNITS (NET SIZES) UNIT A-1 LEVEL 1 6-UNITS 761 SF 2 BED / 1 RATH UNIT A-1 LEVEL 1 1-UNITS (VERY LOW INCOME) 761 SF 2 BED / 1 BATH UNIT A-1 LEVEL 2 6-UNITS 785 SF 2 BED / 1 BATH UNIT A-1 LEVEL 2 2-UNITS (VERY LOW INCOME) 785 SF 2 BED / 1 BATH TOTAL 15-UNITS 11,607 SF BUILDING FLOOR AREA GROSS PER BUILDING TOTAL 2 BUILDINGS 7,830 SF 15,660 SF COMMON AREA SUMMARY (NET SIZE) LEVEL 1 761 SF (LAUNDRY, OFFICE, BATH, KITCHEN & TV AREA) NORTH MEMU SUMMARY SETBACKS: ADJACENT TO ALL OTHER USES: 10 FT PROVIDED PARKING: RESIDENTIAL PARKING: 0 PROVIDED - DEVELOPMENT WAIVER REQUESTED OFFICE PARKING (FOR REFERENCE): REQUIRED STALLS: 117(311,000 SF(MEMU)) I PROVIDED STALLS: 136(INCL. 6 ADA) BICYCLE PARKING: 4 SPACES PROVIDED OPEN SPACE: PUBLIC OPEN SPACE: 1,430 SF PROVIDED- DEVELOPMENT CONCESSION REQUESTED PRIVATE OPEN SPACE: DEVELOPMENT WAIVER REQUESTED I TI I I I o JOB NO. MR23005B 3 SUBMITTAL PATE C 1ST PUN CHECK SUBMITTAL 0M2MU4 3 m RENSION DATE e s" s `o CLIENT: OLIVE CHEST S Strang Families, Safe Kids ilL gEE 3 6 ZLLJ o ;AIL (n O e WOn N N LLLL Q � p� r Z LL n e _ r O N w W �a Nm 12- �U W a x =U0a iNo W �Q U =z i UjQ W as p~ > WH J �Z J MZ c yp v� g � aF 3 BSBRCR v DESIGN 9]OW. 190TH ST., STE 250, TORRANCEC .a. 0: 310217.8855 9! BSBOESION COM c SD SITE PLAN A101 7ST P.C. SUBMITTAL 08/20/2024 EGRESS AND OCCUPANCY LEGEND STMR EGRESs.- PER (1 MSG1) MAX. OCCSERVEDBYSTAIR(O,level) 20 EGRESS WIDTH FACTOR(100USN =09 s MIN. RED. STAIR CLEAR WIDTH GO x 03) =6' MIN, PROVIDED STAIR CLEAR WIDTH =M' MINIMUMCORPoDORWIDTH( TABLEDBU3) y OCCUPAM LOAD LESSTHAN 50 RM MINIMUM REWIRED WIDTH= 36' 3 MINIMUM PROPOSED WIDTH =3P a[P- A IAGRM scG RE61DENiM1 R 39885E WO 12C EI-11111 PER(IIIIII .1) WoLOCCSEWEDBYSTMRDMSIeael) 10 EGRESS WIDTH FACTOR(10YI MIN. REQSTAIRCLEARWID 01113) MM =03 u =1Y MIN. PROVIDEDBTAIRCLEARWIGTH MIN. PROVIDED CLEAR DOOR WIDTH: =M' MINIMUM CORM W R W Mm ( TABLE 1020.J) OCCUPAM LOAD LESSTHAN 50 w MINIMUM NEWIREDWIOTH=36' MINIMUM PROPOSED WIDTH=3d' El TRAVEL DISTANCE( TABLE 10113) OCCUPANCY R WITH SPRINKLER SYSTEM M MAMMUMALLOWEBT.'EL DISTANCE= 250' 8 MAX. PROMDEDTRAVELOISTANCE=121' 0 0 L.11 are IAGRAM IMF, - mill �iIl ili' Ease ■ I®i!a 8� ®l SOUTH ELEVATION -BLDG. A2-FEE ANALYISIS Y EAST ELEVATION -BLDG. A2- FSD ANALYISIS BUILDING CODE ANALYSIS GOVERNING CODES 2022 CALIFORNIA BUILDING CODE(CBC) 2022MIFOM IA ELECTRICAL CODE (CEC) 2W2 CALIFORNIA MECHANICAL CODE (CMC) 2022 CALIFORNIA PLUMBING CODE (W C) 2022 C N- FORN IA FIRE CODE (W C) 2U22 CALIFORNIA GREEN BUILDING COXBCGEC) 2022 CALIFORNIA ENERGY CODE ICED) FUNDING SOURCE & ACCESSIBILITY REQUIREMENTS THIS PROJECT 15100% PRIVATELY FUNDED I PRNATELYOWNED OCCUPANCY R-2', RESIDENTIAL UNITS TYPE OF CONSTRUCTION IIIDG'A1 &A2': VA-FULLYSPRINKLEDN I3) BUILDINGS 'AAA FULLY SPRINKLERED INFPA 13) AUTONATICFIRESPMNKLERB SHALL BE NFPA I3AUTOMATIC FIRE SPRINKLER SYSTEM IN COMPLIANCE WI SECTION (9033.1.1). QUICK RESPONSE SPRINKLERS SHALL BE INSTALLED IN ACCORDANCE WI SECTION 9033.1IN ALL GWELLING UNITS. MAX ALLOWABLE HEIGHT CECTABLE504a R2 BUILDING HEIGHT ALLOWED(CBC TABLE SO4.3):10 FEET, 4 STORIES -WITHOUTAREAINCREASE PROPOSED'.2 STORIES TOP OF RIDGE, R-2, TYPE VA ALLOWED'. TO FEET' COMPLIES MAX ALLOWABLE STORIES CECTABLE_ PRO RED R 2, TYPEW-2 STONES, -1 TOP OF RIDGE ALLOWED '.4 ETCi I - COMPLIES 'FORGROUP R-2 BUILDINGS OF TYPEVA CONSTRUCTION EQUIPPEDTHROUGHOUTWITHAN APPROVED AUTOMATIC SPRINKLER SYSTEM IN ACCORDANCE WITH SECTION 9 W.3.1.1. MAX ALLOWABLE AREA cECTA81EW6s PROPOSED: R2, TYPE VA ALLOWABLE FOR SINGLE OCCUPANCY, 2 STORY BUILDING (506.2.1)=15,sag COMPLES 'BUILDINGS TWO OR MORESTORIES ABODE GRADE PLANE EQUIPPED THROUGHOUT WITH AN AUTOMATIC SPRINKLER SYSTEM INSTALLED IN ACCORDANCE WITH SECTION 903.3.1.1. SOCIL Mnolaamoarxv.2 abrvbuINinoa: TM1e MInNaEle area NeacM1 sWry NasingM pIgb HIN,hill LQdMeiminetl in acmb wth Egaallm SI: Aa=IAIs WSr M] » AAt a=AIION'ableareal a=TebuleralM�aEle area Mclo1 N$, $1]R wSM value, as appllceble in ewoNanuxTA iebleSte .2. NS=iaWMr Mloxade area ladain aaarUancewHA cable W621pra npnspnntlereD bulltling regarUless of xfiMSlFebuiMlaA isspnnklwen). 1f,=ArcefadwincreettdueMhonMAelpwcwnlas wlcula@i In acwtlancevnM Sedlon 5083. -.11Ner Nan ry Lh.EFI,I, Lard ROaupancies, Aiglvise buildings, and OlAerappliceNona IHAd in Seclioa1.R1 Meb bYNa,G,up E,HLI Fire MereM1el, ae,,,h,bw01WiI4i,g, snesaborepaba -nEm 1.IIMree. For Group A, E. x, I,LanORF.Mrhss, Ai I nbell4lags IdrNAerapMlwllpm IlMeb in Section111 re9alal�bylFSOMceM1M1e SMM FAe MersAel, eNuel numbarof builnirgaMnes ebosre ¢adeplene not to evc etl lwo. Noinnlvi4ual slary sM1alleraeAlM1e ellwwblaaree(Pa)azAeMrmkwtl by EqueAon S2 udip Ue valueof3e=1. ®MM�� Aa=130000a(12,0a0-Q=36,OWSF COMPLIES ------- ,W=' FINST LEVEL: 7,976 BE< NINO SF=COMPLIES SECOND LEVEL: 7,916 SF< MIND EF=COMPLIES JOB NO. MR230056 PROJECT LOCATION n SUBMITTAL DATE APN:400091-23 C ISTPLANCHECKSUBMITTAL O8I W024 PROJECT ADDRESS'. 2130 E 4TH STREET SANTAANA, CA AM ° 3 LEGAL DESCRIPTION: P BK42 PG43 PAR 1 PARCEL MAP42J3PAR 1 AND PORPAR 1 OF PARCEL m REMSION DATE PROJECT DESCRIPTION f THE PROJECT CONSISTS OF 15 UNITS OF SUPPORTIVE MULTIFAMILY HOUSING CONSISTING OF ONE EIGHTUNIi AND ONE SEVEN UNIT TWO STORY BUILDINGS TO BE CONSTRUCTED ON THE CLIEM'S SITE IN THE CITY OF SANTAANA, G THE SDE CONSISTS OF AN EXISTING PARMNG LOT THAT SERVES THE ADMINISTRATIVE OFFICES OF THE COMPANY. A TOTAL OF 15 APARTMENTS WILL BE BUILT ON THE SIZE. 5 BUILDING-Al&AT:2STORYn5-UNNS) 1. BUILDING I: 2 STOW -T UNITS 2. BUILDING 2: 2-STORY-8 UNITS PROJECT SUMMARY AND ZONING INFORMATION e D CLIENT: ZONE: OVERLAY ZONE('MEMUl DISTRICT CENTER -MEDIUM HIGH LOTSIZE: 115,929S.F(2&ACRES) ^ C9LIVE CUES 1'T AREA OF IMPROVEMENT: 13,1301 ELF K.32 ACRES) FLCORAREA'. RESIDEMIAL: 3,AMeF. 7Uoa SFIBLDG. S 5[YOOJ FdmIIIBS, Safe Kids BENS IlY'. 15 UNR912 H ACRES = 569 UNITS PER AD. (GROSS) 15 UNITS 10 32 ACRES = 46.81 UN ITS PER ACRE (NET) FLOOR AREA RATIO AllOWEDTOTALFUNRAREARATI0: WA u (F.A.RL PROVIDED TOTAL FLOOR AREA I LOT AREA IS,8925F-(421,051 SIP) = 43M35F 1115,0295E=C38 FAR MAXIMUM BUILDING HEIGHT: MENU WEMAY:O STORIES ISAMCNEMU OVERLAW N-26' O'PROPUSED LOTCOVERAGE: WA 38'F0R43.903SFPRWIDEO - E BUILDING SEIBAQ(S: REWIRED: PROVIDED SAMC(MEWZONE) MIN, MAX. MIN, MA%. BLDOTOSTREET&PARMNG ADJACENT TO PUBLIC ST ROW 10' WA WA - ADJAGENT TOALLEY ORINTERN ABLE 3' 1. WA PDJACENTTO PARgNG T 11` WA CLEARZONE 25' WA WA n J Q BUIIDINGTO PROPERTYLINE AD1ST HIT TORES. USES F &2N0 FLOOR 15' WA WA A 3W FUR &ABOVE N050' WA WA ADJ.TO ALL OTHER USES O ALL FLOORS I la' W BUILOINGTOBUILGING UPTO ]RDFLOOR 6' 1tl I Q 4TH FLOOR AND MOVE 15' WA WA — _� W a y �/) 0 3 W o N OPEN SPACE/COMMON/ PRIVATE SUMMARY 00 WEN SPACE. (S1MC-MENU OVERLAY) pOF UNITS S.F. REQ. S L ? /(/n Q N 0 PRNATE I COMMON OPEN SPACE- WSF.I GO 15 1,350E u aJ/ Oi LL = r DO0 PUBLICLYACCESSIBLE COMMON WEN SPACE- 10%OFTOTAL LOTPAEA 11W3S.F. a W a 0 m TOTAL OPEN SPACE REQUIRED: 12,8618E c V Lu Rk Q PRRAATE I COMMON OPEN SPACE PROVIDED .1 F IANSF 1146 SF PER UNIT m U Q w Q TOTAL OPEN SPACE PROVIDED: OSFIO%OFTOTALLOTAREA W 0 LL Q F Z (PUBUCLY=ESSMLE) (CONCESSION REQUESTED) \ U Q LU Q O Z / W L2 J � < N (� Q W PARKING SUMMARY Lv LIMIWNGREWIRED SAMC. MEW MAAY] PARNINGTYPE'. OFFICE EXISTING OFFICE PARKING: 163STALLSISACCESSIBLE n PROPOSED OFFICE PARKING', 1MSTALLSI8ACOESSIBLE (3 STALLS PER 1,000 SF) _ FIRE RESISTANCE (TYPE VA) CECTABLEWI p IR M2INGSWALLS EXTERIOR 1HOOF INTERIOR: HOUR 3 9 NONeEARINGWALLS&PMmnONS(EXTEMOR).TABLE106.6 `A S B 5� 10 1HOUR X130 D OR DESIGN NONBEMUNG WALLS&PARTITIONSDNTERIW) "OUR FLOORCONSTRUCTION 1HOUR 910 W. BOTH a ST., STE 250, TORRANCE 0: 310211.8885 CA 90M ROW CONSTRUCTION 1HOUR C BSBDESIGN COM is Prje; Infonmadon ^. A020 IST P.C. 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AT m. wAurvcwN.AR.1 ms.I eewFnxe'H., R wcwox0sx..NSlasAesv.xc000.vmxx05TAu Nx R __ urM L_TIax I6. [ECOWmE uu,ERu9mD,au Ns,ulEDxpllpx;s�vnFNNEOBr,lE5rm5xeLLcaMr N. HE.1Ts UNAA..mlalERVERMDxcvxmoEl a EDRucassazmcENE—I—E SEE .................................. wnx,NEPR.ANNMo,secaa o wlu,Es.—EMwmnsnwoRecllmxcwxTS EIEc RANs JOB NO. MR...B p SUBMITTAL DATE Zu IST PLAN CHECK SUBMITTAL 0M2012024 b n RENSION DATE e S S `o CLIENT: OLIVE CHEST 5 Strang Families, Safe Kids e E Q = c � F Z LL Lill c (n O LIJ N N 3 LLL Z O rr^ I04 � LL 00 u W x LLI FQ � Nm of U LLI a W LL¢ U =z i Uj a LU F a w OZ � J �J MZ N UJ O N to c yp v� g n s° e s a BSB DESIGN 8 97O W. 19M ST., STE 250, TORRANCE CA 90502 0: 310.217.8885 BSBOESIGN COM c BUILDING LEVEL 2 PLAN Z 3 IST P.C. SUBMITTAL 08/20/2024 LONGITUDINAL BLDG SE0710N2 B nA \ / 10 LON GIT UOINAL SLOG SECTION 1 V BUILDING CROSS SECTION 2 B BUILDING CROSS SECTION 1 5 E=uE Xr.nx boos, wWxer4,lkMvu h EAST BUILDING ELEVATION U SOUTH BUILDING ELEVATION U WEST BUILDING ELEVATION 2 NORTH BUILDING ELEVATION f 1 ELEVATION& BUILDING SECTIONS NOTES 's A E � n WttiPlMeinvumxeopmuv¢tx.r.vWuxu'Wn. eu[xvsmrwxoThxxAMeXnttrvWtwuppxxeroaev.wxxpvr+nw P Yh ceteaamvxemxp.w ; wxXaoronavEWmlNWurmYq wimuwfF { rypgWnn�t xinnm+iNwEwuai,�wMfpei aMF9te�1 XX!lNIEpM e a a ni emxMXOXp XR.xx.rMiurcx xxxueuexnna p mppxpu'iFRMxEOMEtnYa�WAmxurvtoxartetvNNwt wvaWavpHxxmbiAMAVAYAYP�.HIX.S n a.ulUrcwYUHx x�.x.axY¢xrv.xWnrMWr.XuocxR.n.•n. .Ix+nwxrw�.oNnvNaxwpooexxmxarvwMx.iuxx P s¢r w IINNNe RSnYlnme[ewFurmmWx � fxm.xxxnianmu'RYAXORXII�, �BVWxM�� u�xxwxE XUIVtocYxllmlCulewnoYfBFN8X6PoWRIAPw PifAxe E p�qv 'roIARXeiWnxMpegxrN.M aw6XETVWARIN.NwinxArtN 10 MN¢eOxYNIWfiMpxleRF%.ro.vxaVIXp.MmNlxuxWEK'v wmLWYmMW.1'WMespeeNMlYuauVtWm WNNWx fl vW�en xwM.wxmxm. - ueaTMXxcMFAwxawa.c�M � roviniNcw.onX°�Mc�MM 8 uoxm'rovnNwx a`viOgM°BFuxmMMWr�xwMfxa.6 ¢ rmmmlaamwwcM®.anpcov�ommmomurvorccMao � °iwh,iicr°uwaanXiaxx��ivioxiuimw u xxxnxexenankr.e.xe ep rm%oFincwwoWKNMKttIr%AIE xiNxxoNx,&tn xmSVx�leF�iXEYwxA�xMlA�umf FIiFpHtxNMFn:Wesm prNOAµa ro+Y xXl,pxttA�XoruIX,Ert_1 zm p m�xgm xN.'roa raxxxx¢owrn NTAEUHP1eW rlMEwxxmMN46xar 1.¢xxlme MHLYgMlgxevtFFu, .mxewnmxrm.miMrxevpnYtWMwruRMpwMs E wenuuiii�n�vMwrviWxuo narxXu oxsxwfW�Ma�xxoN�oXruifm e xrt wApmaxirA�iiexRiialinn xrcaimr�its� oaemuVO`u" e.xvtxxr AmxYwmreNrM4 x<t.¢mnxc�oAAeoXe.nrvEwxMIKIII_ATAuwevuxrxuengeY i M xa�wY^ixwAxnuax.xnmw.arorunvermMm¢uerwwm• ,gMxMNM m<eNMMxXerM.+rM., i i YIWMWEAE�.NrG o�umEuonaEvnn xxrmarx¢ewlsE Xmo % x�awH.txE elxwxHu „�eexnw J MAEm,W�FW,�w®i EXTRIORELEVATION KEYNOTES F1 E RgRCEMEN WTER-sW7oaSaFsmE70Mn F1 EMRICRCEME PLNIIER•BWSI®DARN— F3 STMQDBELDorWPC-CfIaPEL WILL F4 CWSS'A'A PMTSHW EROOF l M3SIONBRMN F5 NYLLMNW'✓+s F6 Vr1ND0.M1PoMPNNTT00.lATCH FL Fi 0Lff0LDSETDWR6-PNNfTCMATCHFI FlI c4&EVENi•PAINi TJ MATCH F3 1 CECOAA'BVE WABEIS-PNNTI9 MATClI F2 KEY PLAN IF,.ex uB W,, mWoo5S OBW79 UTE iBPPLNICHEL%SIgMITI'PL e&nm J Q 2 F Z o ui 0 U. LU W 0 W 0 N N LL Q O ¢ N L o VI1!' W FQ In NN OfV # Q 7a mti > Wa W aQ H > WQ J Ln J M Z 4F A" L DESIGN � emw.lemHST..:srE�ivaroaRs�F�4x�x ea�nEslsNsar, i EXTERIOR ELEVATIONS& u 6ECTIONS d A2Qi 1 ST P.C. SUBMITTAL 0812012024 REAR ELEVATION SIDE 2 ELEVATION VF WiFILGP WR CECOPATIVE UNIT OECCRATME MINGLES L OIIVER CORBELS vti a 4 -STONEBPSc �VINBUID:N HOT WATER ACCENTTRIM STCNEdASE EfJTF1' E HEATER CLOSE' FRONT ELEVATION SIDE ELEVATION o L � V E C HE37 - RESCDD EH7 AL 2150 & 2160 E 4TH ST. SANTA ANA, CA I BUILDING ELEVATIONS a s za 32 ! BSB No. - Da,e.0522.2024 D E S I G N EXISTING TREE to REMAIN, TYP �EXISTU f 1 REMOV PARKING LOT TRASH ENCLOSURE see detail D, sheet L.2 MODULAR WETLAND f per Civil Engineer J r5 i� ll�v�/�✓ to be • PARKINI } SCORED CONCRETE PAVING PASSIVE COMMON OPEN SPACE AREA - 29.61 x 52.5' / 1550 S.F. patio. with decorative pavers, synthetic CONCEPTUAL TREE SCHEDULE g°TWyC XIME CAMdDNNHAE 912E ryl/p�L% ND1E9 okz euwpeeJe srwSre)n Npr Drv-x Sxen l&1 Okw MNm ut Fmyaa Venwy CONCEPTUAL SHRUB SCHEDULE —PA —N—NAME DJAfiSJ — 9QE WLGOLS E. N6eNmmlwlawm aew,'wlwr spM. uw Ott 9 Raasperum5Mv6MW 41wf$Iwen PMwpwum 5pe1. MealreM MEdWMsuaues qe A HUNN t%"L lam MN wmM sn9e Igal few HN nM - . MaWNewaW,m DIY�61 w omeawe Hemmmy BMroeP fqV. Lw q elStlw Dlle' Dvrwi Dllw 5pe4 Inx' PynporumtlMl PRE BOE9MIPNmponm Spy. H%agN WwhiNI-iSwea Cwy0.wmary 1pM. Is, SA4YL_UK gpUNOCDVER6 MVE9 ure9Mura Nue Reaie tqy, LO• '� Fkus WRla Lraepng Hy t9LL Motle,eEe Hmmvinue ellicinyis Huminpfan Leryef HumwE@on CvpMP�,wry tyy, Law f 803•I' nano saryena e e ISR. Lew NEE cy-I. rape Nne 5pal. Lew MOWIMW4TIAND 71 Da,e« R- sanDmw%eaw To. Inw t6si. muMenenga,lgens I$u Law TURF 1' N-119 fea MEkecspa IEaM-N) wesA. $YnlM1eflciuy GENERAL PLANTING NOTES — DDNSERNND IANL6DAPEWU 1 UTI- DA%HEa AD 6Y MUNIOIPPL MDE AND EVERGREEN VERTICAL STATE NONDATE9BI99I AND CDMPLYWTH THE —WING CRITERIA PLANTING at WINDOW '. -NrmxsHURL TF HpHwslR=TRQE ff`ZFSIDHc 2 PCCr8lPC1EP6 NEEEWICEDNT Allr LOCATIONS, TYP. TIITMN6'OFHARDSLARE "+ir+AunNLLDLArmAaacEurAaaWws9TAOTEFR E UNOTn9uMEF Uyl52E IMMUVOWING MNTMATEPIAL A5 i0 NDTIMPFDEPNWNG NNCrp I. 0. WTHlx 9rtlPMWAiEfiiNMONSTARFP3INLLBEANIPPPUPMATE9P[CIE9 TI-1 NAn9ADAPTEDTOWEra>AYLDNw SE 6 F.FP.GCffN6CPEEN RANRNG6HNLEE VDN.-RE CENr11WbFgU1ER6AND NNTIESN51B1£EF PIIBNCANDCDMMONSPACER & ALL M THE IHHIGATION 6V%TEM WILL SE DEMNNED FOR WATER WN%EWATION AND IN CDNIPMANCE WIIHPFPLICA6LE MUNICIPALCODESMSTATEMA TE ISC AND DWITYWITHTHE EHIA' IF—iV£ 6 V61EM SNALL BE FLUV AIROMATL AND LDNIRdLED 6Y A EYMOT WJE RRAPON IE¶ EASED CDNTPDLEIRRO WITH SIxG EHHFRDEDEMCE 2 N16HCU%6HNIEEICRG4IEDWRHWATERNTOREIRP UAO ALL Cd61gNi Prt"sSUPE WAIEA MMNNNE pHNG i0 BE IreTAf1FD A%REQUIRE➢ BV I.fIREtiluirofi5. 1, NDA VRNMOPPEVEN}ION MFA6UCE661V,LLEEIN6rALL£D PD A9NIMI]FMI�IIN000OF TRIAPEWM4 THE EST7HE TOTAL WATERUSE IETVALI ALLOWED FOR THE NOT VNUSCAPf 6VINL S IX[E D,Wi AYIMUMMNEDWATEAALLONANDE QN.E a IRUGTIQH OF TEREN, INi0Il1NE9 BASED ON THE WATER NEEDSAND AISD DMDE DIRR WTERA OPINNEACA1 ypNE. i. A$DMEG000NDIRC� DFMWDUIPMENSPNDDN PDEWgTELY 9CPEfNm WXENNSIBfE EtmM rHE NBuc nND DDMMDN roEu soAc[s, SMALL SHRUBS & OPEN SPACE TABLE GROUNDCOVER,TYP. • see plant legend TOT&—SIE OPEN%PAC€,MS..A 15 DU)- 3 MST. REQUIRED I I6999.F, PROWDED 1A961ME CDNMON OHEN SCACS 11. 1.1 N 15 DO-19- Am', REOHARED f1. s,F. FRObAEp XISTING MASONRY WALL to REMAIN ADFNEOPEN$PCESNIS.F..MINREQUIRED 10EF.PROM DED see wall Sfence Plan �"%" "9P eA96F.I6D =+9� RED,D%.F.EoxDED CONCEPTUAL LANDSCAPE PLAN - LA Olive Crest RSI Homes- Santa Ana, CA D 8 16 24 ho 2130 E. 4th Street wn.?" va. - r,Dwr July 30, 2024 PARKII EXISTING PARKING STRUCTURE n 6 HT. TUBE STEEL FENCE ._.. _..-.- PEDESTRIAN ENTRY GATE u r — ecwE.u7 ,w u■� n EXISTING MASONRY WALL (TO REMAIN) v ecue. xre r.nmu■ Spltt f—CMU %d WeII,T�WIor Mehl roof r Ep�cfng r�Wood reAera I Dory well / end beams SIDE ELEVATION FRONT ELEVATION n TRASH ENCLOSURE u xas. w=r-e• FIRE ACCESS PATH OF TRAVEL WALL & FENCE PLAN - L.2 Olive Crest RSI Homes- Santa Ana, CA ° 9 16 Nf� 2130 E. 4th Street July 30, 2024 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: Clerk of the Council Free Recording pursuant to Government Code 27383 DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2130 East Fourth Street, Santa Ana, California; APN: 400-091-23 This DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ("Agreement"), is made and entered into this _ day of , 2025, for reference purposes only, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and Olive Crest, a California nonprofit corporation ("Developer"). City and Developer are sometimes referred to collectively as the "Parties" and individually as a "Party." RECITALS A. Developer is the owner of that certain property located within the City of Santa Ana, County of Orange, State of California, commonly known as 2130 East Fourth Street, Santa Ana, California, and legally described as set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full ("Property"). B. Developer is proposing to develop a residential development consisting of no more than fifteen (15) units, three (3) of which are proposed as very -low income residential rental units on the Property, as more particularly set forth in Density Bonus Application No. DBA-2025-03 ("Project"). C. Santa Ana Municipal Code sections 41-1600, et seq. ("City Density Bonus for Affordable Housing"), and California Government Code sections 65915, et seq. ("State Density Bonus Law"), set forth a process to provide increased residential densities and incentives, concessions, and waivers to property owners or developers who restrict a portion of their residential development to low income, very -low income, seniors or other qualified households, as specified. These regulations are intended to materially assist the housing industry in providing adequate and affordable housing for all economic segments of the community and to provide a 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43846773.1 balance of housing opportunities for very -low income, low income, seniors and other qualified households throughout the City. D. The Project is proposing a total number of fifteen (15) residential rental units, including three (3) units for Very -Low Income Tenants, as defined herein, and proposes to utilize the existing parking lot to satisfy the parking requirements of state law. E. The Project complies with the affordability requirements for a housing development as set forth in the State Density Bonus Law and City Density Bonus for Affordable Housing. F. In light of the purpose of the State Density Bonus Law and City Density Bonus for Affordable Housing, and the express provisions of Government Code Sections 65915(d)(1)(2)(C), the City has determined that the Project is eligible for three (3) incentives or concessions, and waivers as prescribed by the State Density Bonus Law. G. This Agreement, and the exhibits attached hereto and incorporated herein by reference, are intended to set forth the terms and conditions for the implementation of the Project's requirement to provide affordable housing units in exchange for receiving the density bonus, concession and waivers set forth herein. NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS 1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows: 1.1.1 "Adjusted for family size appropriate to the unit" shall have the meaning set forth by Health and Safety Code Section 50052.5(h). 1.1.2 "Affordable Rent" means the maximum Monthly Rent that may be charged to and paid by an Eligible Household for the Affordable Units, as required by the terms of this Agreement, and which shall not exceed the amount of Affordable Rent authorized by California Health and Safety Code Section 50053 and pursuant to implementing regulations published by the California Department of Housing and Community Development, as determined from the Median Income for Orange County, as defined below in Section 1.1.16. The Affordable Rent shall be adjusted to reflect a reasonable utilities allowance for utilities paid by the household using the Santa Ana Housing Authority Multi -Family Housing Utility Allowance Schedule, and shall be updated no less than annually. 1.1.3 "Affordable Rent Schedule" means a rent schedule established as of the date of issuance of an occupancy permit (exclusive of tenant utility payments or security deposits) 2 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43846773.1 for the required number/percentage of the total number of units in the Project which are to be rented or available for rent to Eligible Households. The Affordable Rent Schedule shall be established at the time of the issuance of the occupancy permit ("Initial Rent Schedule") and shall be created in accordance with the Orange County, California Primary Metropolitan Statistical Area ("PMSA") as published by the California Department of Housing and Community Development ("HCD"), adjusted for family size, and shall be updated no less than annually. 1.1.4 "Affordable Units(s)" means the three (3) unit(s), which shall each be two - bedroom units. Any change to the number, bedroom size, or distribution of Affordable Units is subject to City Manager approval. 1.1.5 "Agreement" means this Density Bonus Housing Agreement. 1.1.6 "City" means the City of Santa Ana, California 1.1.7 "City Council" means the City Council of the City of Santa Ana. 1.1.8 "City Attorney" means the City Attorney for the City of Santa Ana. 1.1.9 "City Manager" means the City Manager for the City of Santa Ana. 1.1.10 "City's Planning Commission" means the Planning Commission for the City of Santa Ana. 1.1.11 "Density Bonus Application" shall mean the Density Bonus Application No. 2025-03 for the Project. 1.1.12 "Developer" means Olive Crest, a California nonprofit corporation, and its permitted successors and assigns to all or any part of the Property, Project or this Agreement. 1.1.13 "Effective Date" means the date the 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, pursuant to section 4.1 herein. 1.1.14 "Eligible Household" means a Household whose income does not exceed the "Very -Low Income Tenant" qualifying limit as defined herein. 1.1.15 "Household" means all persons residing in a Unit. 1.1.16 "Median Income" means the Orange County, California area median income, adjusted for family size pursuant to California Health and Safety Code § 50052.5(h), as periodically published by HCD. 1.1.17 "Monthly Rent" means the total of monthly payments for: (a) use and occupancy of each Affordable Unit and land and facilities associated therewith; (b) any separately charged fees or service charges assessed by Developer which are required of all tenants, other than security deposits, application fees or credit check fees; (c) a reasonable allowance for an adequate level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43846773.1 water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone or cable service, to the extent applicable and charged to tenant; and, (d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than Developer. In the event that certain utility charges are paid by the landlord rather than the tenant, no utility allowance shall be deducted from the rent for that type of utility charge. 1.1.18 "Project" means that certain affordable residential development as more particularly described in the Recitals and Section 2 of this Agreement. 1.1.19 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon. 1.1.20 "State Density Bonus Law" means Government Code sections 65915, et seq., as they exist on the Effective Date. 1.1.21 "Term" means the period during which this Agreement shall be in full force and effect, as provided for in Section 5.1 below. 1.1.22 "Unit" means a residential dwelling unit within the Project to be constructed or caused to be constructed by Developer pursuant to this Agreement. 1.1.23 "Unrestricted Units" means the Units within the Project to be constructed or caused to be constructed by Developer to a Household without restriction. 1.1.24 "Very -Low Income Tenant(s)" means a Household whose income does not exceed fifty (50%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HCD. 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 — Tenant Verification 1.2.3 Exhibit C — Annual Tenant Recertification 1.2.4 Exhibit D — Annual Rental Housing Compliance Report 1.2.5 Exhibit E — Notice of Affordability Restrictions on Transfer of Property 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 fifteen (15) unit rental residential community, with three (3) Affordable Units for Eligible Households. 2 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 2.2 Density Bonus. The Project shall have fifteen (15) Units, to be rented, occupied, operated, and maintained pursuant to the terms and conditions of this Agreement. Developer understands and agrees that Developer is not requesting an increase in density and that this Agreement does not allow or approve an increase in residential density over the allowed density regulations of the City. 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. 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 Concession. In accordance with Government Code Section 65915(d)(1), Developer is granted the following concession(s): (a) The Project shall not be subject to the obligation to provide publicly accessible open space, as set forth in the Metro East Mixed Use Overlay Zone, Table 2, Section 4.5. (b) The obligation to provide private open space, as set forth in the Metro East Mixed Use Overlay Zone, Table 2, Section 4.6, shall be reduced to zero. (c) Developer is not required to submit a parking study. 2.3.2 Waivers. Provided that the Project complies with all other requirements of this Agreement and the Project Approvals, the City agrees to a partial waiver of the requirement to provide common open space, provided the Project provides a total of 2,191 square feet of common open space, including 761 square feet of common area to include laundry amenities, office, community room, and bathroom facilities; and 1,430 square feet of dedicated outdoor open area to be improved with landscaping and outdoor furnishing, as set forth in the Metro East Mixed Use Overlay Zone, Table 2, Section 4.6. 2.4 Parking Requirements. Onsite parking shall be provided in compliance with Government Code Section 65915(p) by utilizing the existing parking on the Property for residents of the Project. Developer represents and warrants that the existing parking on the Property comprises of 136 parking spaces and provides adequate levels of parking for the Project, including all required accessible parking for the Project and prospective residents. Provided that at least twenty-three (23) parking spaces are available to residents in the Project from the existing parking, Developer shall not be required to provide any additional parking. 2.5 No Further Concessions, Incentives, or Waivers. 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. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City's obligation to waive 5 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 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 twelve (12) Unrestricted Units, inclusive of one (1) manager's unit, as set forth in sub -paragraph 2.6.3, below, and pursuant to the terms and conditions of this Agreement. Any change to the unit distribution of the Unrestricted Units may affect the comparability of the Affordable Units and is subject to City Manager approval. 2.6.2 Affordable Units. The Project, for purposes of this Agreement, shall have no less than three (3) Affordable Units, for Very -Low Income Tenants, as set forth in sub- paragraph 2.6.3, and pursuant to the terms and conditions of this Agreement. The Affordable Units shall be consistent with all City approvals, comparable in bedroom distribution and amenities to the Unrestricted Units, and shall be located throughout the Project as required under Santa Ana Municipal Code section 41-1602(c)(5). 2.6.3 Unit Mix. 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 Unrestricted Units, regardless of whether such Unrestricted Units are in the Project. 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 6 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43846773.1 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 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. Any changes to the Project shall be reviewed by the City 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 sole 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 4.1 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 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. Each Affordable Unit shall be restricted to use and occupancy by Eligible Households for a term of not less than fifty-five (55) years ("Affordability Term"). The Affordability Term shall commence on the date when an Affordable Unit receives all required occupancy permits from the City and expire on the date that is fifty-five (55) years after the date when the Affordable Unit is first made available for occupancy to Eligible Households 7 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 pursuant to this Agreement. The Affordability Term shall be determined for each individual Affordable Unit. 3.2 Memorializing Commencement of Affordability. Developer shall keep or cause to be kept detailed records of the commencement date of the Affordability Term for each Affordable Unit. 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 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. 3.3.1 Affordable Rent. Developer covenants that all three (3) Affordable Units in the Project shall at all times during the Affordability Term be rented to, or held vacant and available for immediate occupancy by an Eligible Household, at an Affordable Rent. 3.3.2 Affordable Rent for Very Low Income Tenants. The Affordable Rent for Very Low Income Tenants shall not exceed the limits set forth in California Health and Safety Code Section 50053 and implementing regulations, which provide that the Affordable Rent shall not exceed thirty percent (30%) times fifty percent (50%) of the Median Income, as adjusted for family size appropriate to the unit. 3.3.3 Affordable Rent Schedule. Prior to issuance of a Certificate of Occupancy for the Project, and on each anniversary of the issuance of the initial Certificate of Occupancy for the Project, Developer shall provide to the City the Affordable Rent Schedule, which City shall have not less than thirty (30) days to review and approve or disapprove, which approval shall not be unreasonably withheld. 4. OPERATION OF THE PROJECT BY DEVELOPER 4.1 Payment of Density Bonus Setup Fee. A Density Bonus Setup Fee in the amount of Two Thousand Five Hundred Sixty One Dollars and Seventy -Two Cents ($2,561.72), was paid by the Developer on November 20, 2024, prior to execution of this Agreement. 4.2 Recording of Documents; Priority. 4.2.1 No later than 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. 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 Property, the Project, and the Units to ensure compliance with the State 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 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. For purposes of this paragraph, Developer shall provide the City with a preliminary title report for the Property dated not less than thirty (30) days prior to the execution of this Agreement. Developer agrees and warrants that it will exercise reasonable efforts to obtain the consent or approval to a subordination agreement with any senior lienholders and that, if such consent or approval is not provided, this Agreement and the benefits to Developer and the Project hereunder may be terminated by the City with thirty (30) days' written notice. 4.3 Rental of Units. Upon the completion of construction of the Project and receipt by Developer of all required permits for the occupancy of the Units, Developer shall rent or cause to be rented each Affordable Unit to Eligible Households for the Affordability Term for such Affordable Unit in accordance with the terms and conditions set forth in this Agreement, which provide among other terms and conditions for the rental of each Affordable Unit at an Affordable Rent to an Eligible Household for the Affordability Term. 4.4 Occupancy Levels. Subject to state or federal laws and regulations, the number of persons permitted to occupy each Affordable Unit shall not exceed two persons per bedroom, plus one person. If an Eligible Household, during the terms of its tenancy, adds members that exceed the maximum occupancy allowed under this section, Developer shall provide written notification informing the household that: it is over -occupancy; has been placed on a waiting list for up to one -hundred and eighty (180) days; the expiration date of the waiting list; and the terms for terminating the lease. A written status update will be provided to the household at one -hundred and twenty (120) days, ninety (90) days, sixty (60) days and thirty (30) days if applicable. 4.5 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. The Project shall at all times during the Term of this Agreement be used as a rental housing complex and none of the Affordable Units in the Project, nor shall the Property or any portion thereof, ever be used as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest home, or be converted to condominium ownership. All of the community facilities and any social programs provided to the Project's residents shall be available on an equal, nondiscriminatory basis to residents of all Units at the Project. 4.6 Maintenance. Developer shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. Owner shall be fully and solely responsible for costs of maintenance, repair, addition and improvements. 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, after providing notice as follows: (i) at least a 24-hour notice to Developer and Tenants of the Affordable Unit which will be inspected, or (ii) at least 48 0 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 hours' notice to Developer, which shall promptly give notice to Tenants of the Affordable Unit to be inspected. 4.7 Affordable Rental Lease Agreement. Developer shall prepare and obtain City's approval, which approval shall not be unreasonably withheld, conditioned or delayed, of a rental lease agreement for the Affordable Unit ("Affordable Unit Lease Agreement") for the Affordable Unit. All Affordable Unit Lease Agreements must 1) identify the names and ages of all members of the household who will occupy the Affordable Unit; and 2) state that the Household's right to occupy the Affordable Unit is subject to compliance with the Median Income requirements, adjusted for family size appropriate to the unit, as periodically published by HCD. All Affordable Unit Lease Agreements must be consistent with the terms contained in this Density Bonus Agreement. 4.8 Selection of Tenants. 4.8.1 Developer shall be responsible for the selection of tenants for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. 4.8.2 Local preference for Santa Ana residents and workers in tenant selection for the Affordable Units shall be a requirement of the Project. 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 leasing 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. 4.8.3 All applicants for Affordable Units will be screened and "lotterized." A waiting list will be created from a lottery generated from the initial pool of rental 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. 4.8.4 Prior to the rental or lease of an Affordable Unit to a tenant(s), Developer shall require the tenant(s) to execute a written lease and to complete a Tenant Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the tenant(s) occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility requirements established for the Affordable Unit. Developer shall verify the income of the tenant(s) as set forth herein. 4.8.5 The Developer may rent or lease an Affordable Unit(s) to a nonprofit organization or an entity affiliated with a nonprofit organization, provided that the nonprofit organization or entity is required as a condition of that lease (a "Master Lease") to sublease the Affordable Unit to an Eligible Household. The Master Lease shall be provided to the City, which shall have thirty (30) days to review and approve, which approval shall not be unreasonably withheld. Prior to the rental or lease of an Affordable Unit under a Master Lease, Developer shall 10 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 require the lessee thereunder to require each prospective sub -tenant to complete a Tenant Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the resident(s) occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility requirements established for the Affordable Unit under this Agreement. If an Affordable Unit subject to a Master Lease is not rented within thirty (30) days, then the City shall have the right to require termination of the Master Lease or declare a default under this Agreement for failure to fully utilize the Affordable Unit. The Master Lease shall require compliance with this Agreement, and nothing in this paragraph or the Master Lease shall relieve Developer from compliance with the obligations of this Agreement. 4.9 Income Verification and Certification. Developer shall make reasonable efforts to verify or cause to be verified that the income and asset statement provided by an applicant in an income certification is accurate by taking, at a minimum, at least one of the following steps as a part of the verification process: (1) obtain three months consecutive pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) obtain an income verification form from the applicant's current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. 4.9.1 Gross Household Income. Gross household income means all income from whatever source 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. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914. 4.9.2 Annual Recertification. Developer agrees to recertify or cause to be recertified household eligibility annually. Notification of Annual Tenant Recertification shall be sent to the household in substantially the form attached hereto as Exhibit C. An Annual Rental Housing Compliance Report ("Annual Compliance Report") shall be sent by Developer to the City in substantially the form attached hereto as Exhibit D for City's review and approval. The Annual Compliance Report shall be due to the City within 30 days of the anniversary of the commencement of the Affordability Term, which is the date that each building receives all required occupancy permits from the City. 4.9.3 Continued Income Qualification and Vacated Affordable Units. If the annual recertification demonstrates that a previously Eligible Household's gross household income exceeds the allowed Median Income for the Affordable Unit, the Developer will be considered in compliance with this agreement so long as one of the following pertinent actions from the following list is taken: (a) The Developer may offer to rent the unit to the previously, but no longer, Eligible Household as an Unrestricted Unit without any limitations on rental rates. In that case, the Developer must then make available for rent to an Eligible Household another unit within the Project that meets the size and location requirements for Affordable Units under this Density 11 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43846773.1 Bonus Agreement. If there are no vacant units meeting those requirements, then the next available unit within the Project which does meet those requirements must be rented to an Eligible Household. (b) If the no longer Eligible Household either moves to another Unrestricted Unit within the Project or leaves the Project altogether, then the vacated Affordable Unit, or, at Developer's election, any other Unrestricted Unit within the Project which meets the size and location requirements for Affordable Units under this Density Bonus Housing Agreement and has the same number of bedrooms as the vacated unit, shall be rented as an Affordable Unit to an Eligible Household. (c) Developer may proceed to terminate the tenancy and pursue any and all remedies in accordance with law or contract. 4.10 Monitoring and Recordkeeping. Throughout the Term of this Agreement, Developer shall annually complete or cause to be completed and submit to City the Annual Compliance Report. Developer agrees to pay a reasonable fee, as set by City resolution, for the purpose of paying the actual costs associated with the City's obligation to monitor Developer's compliance with the affordability restrictions contained in this Agreement related to the Affordable Units, not to exceed monitoring costs for up to three (3) Affordable Units. 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, including the five-year period following the expiration of the Term of this Agreement. Developer shall allow the City to conduct annual inspections of the 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, to Developer of the Affordable Unit. Developer shall commence to cure or cause the commencement to cure any defects or deficiencies 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 sole discretion of the City. 4.11 Notice of Affordability Restrictions on Transfer of Property. In the event the Developer wishes to sell or transfer the Project, during the Term of this Agreement, the City and the Developer shall execute and deposit into escrow, a Notice of Affordability Restrictions on Transfer of the Property, to be executed by the City and Developer in a form substantially similar to Exhibit E, which is attached hereto and must be executed by the parties prior to any transfer of the Property. 4.12 Emergency Evacuation Plan. Developer shall submit and obtain approval of an Emergency Evacuation Plan (the EEP) from City Police and Fire Protection agencies prior to 12 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43846773.1 issuance of a Certificate of Occupancy. Up-to-date 24-hour emergency contact information for the on -site personnel shall be provided to the City on an ongoing basis and the approved EEP shall be kept onsite and also be submitted to the following City Agencies: (a) Police Department (b) Fire Department (c) Planning and Building Agency (d) Community Development Agency 4.13 Crime Free Housing. Developer shall work with City staff to formalize a crime free housing policy, procedure, and design plan (the "CFH Plan"), which includes the following provisions: (a) Requiring parking areas and common interior areas (lobbies, elevators, etc.) to contain security cameras; (b) Requiring routine unit inspections; (c) Ensuring lobby/other entrance doors are secured and accessed via remote controls, fobs, etc.; and (d) Have policies in place to ensure that common use areas such as hallways and trash enclosures are maintained in good condition and repair (e.g., well - lit, kept clean, etc.). Developer shall submit and obtain approval from the City's Planning and Building Agency ("PBA") that the CFH Plan meets the requirements of this Subsection 4.13 prior to issuance of the Certificate of Occupancy. The approved CFH Plan shall be implemented and administered by Developer or its designated property manager. 4.14 Onsite Parking Management Plan. Developer shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Developer 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 13 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 without a sticker, hang -tag, or other identifiers, and vehicles parked longer than any maximum guest parking timeframes allowed. Prior to issuance of the Certificate of Occupancy, Developer shall submit and obtain approval from the PBA a Parking Management Plan (the "PMP") including those measures above. The approved PMP shall be adhered to and be enforced by the Project at all times. 4.15 Marketing and Resident Selection Plan. 4.15.1 Each Affordable Unit shall be leased to Eligible Households selected by Developer who meet all of the requirements provided herein. Prior to Certificate of Occupancy, Developer shall prepare and obtain City's approval of a marketing program and resident selection plan for the leasing of the Affordable Units at the Project ("Marketing Program"). The leasing 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 leasing of the Housing Units. 4.15.2 The Marketing Program shall include, but is not limited to, marketing and community outreach activities, proposed tenant 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, but are not limited to, the application process, interview procedure, apartment offer and assignment, rejected applications, and wait list management. All requirements set forth herein shall be incorporated in the Marketing Program. 5. TERM OF THIS AGREEMENT 5.1 Term. The term of this Agreement ("Term") shall commence on the Effective Date and shall continue until the expiration of the Affordability Term for all Affordable Units, as set forth in Section 3.1, above. 131110111�] , 1I: 111111E ►1 11 111► : � ► I► ul► �1:11 �]� 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. Notwithstanding the above, should the Developer elect to not proceed with the Project prior to commencement of construction, the Developer shall submit written notice of such 14 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 termination ("Termination Letter") to the City, which Developer, for itself, its successors and assigns, states that it waives, forfeits, and relinquishes any and all benefits under this Agreement. Upon City's receipt of the Termination Letter, the Parties agree to terminate this Agreement, except that the obligations of Section 4.1 and 6.4 shall survive termination. Developer shall, at its sole cost and expense, prepare and record a Termination of Agreement, which City shall review and approve, in the exercise of reasonable discretion. Such termination shall not be considered a default by any Party, but it shall result in a termination of the Agreement as provided for herein. 6.2 City's Remedies. In the event of a Default, the City shall have all rights and remedies available at law, and may seek any or all of the following 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 exercise any rights or institute any appropriate legal actions or proceedings necessary to ensure compliance with this Agreement, including but not limited to: (a) Actions to revoke, deny or suspend any permits and/or certificate of occupancy; and (b) Actions for injunctive relief or damages. 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. 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 Party. 6.4 Indemnification. In addition to any other indemnity specifically provided in this Agreement, Developer agrees to 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) indemnify and hold harmless City and its respective officers, officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from and against any loss, liability, claim, or judgment arising from any claims, demands, or causes of action arising from or related to this Agreement, including the approval thereof, except to the extent caused by the active negligence or willful misconduct of Indemnitees. 7. ASSIGNMENT; COVENANTS RUN WITH THE LAND 7.1 Assignment by Developer. 7.1.1 Prohibited Transfers or Assignments. Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement, in whole or in part, unless the sale, transfer, or assignment complies with this Section 7. If Developer seeks to sell, transfer or assign the Property or Project, or any 15 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43846773.1 rights and obligations in this Agreement, Developer shall request City's written consent, and City shall respond within thirty (30) days with a written approval or denial, which City may determine in its sole and absolute discretion. If City approves such a request, then prior to any such sale, transfer or assignment, Developer shall pay City's reasonable fees as compensation for the City's review of the request. City's failure to respond to the request within thirty (30) days shall be deemed an approval. 7.1.2 Sale 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, 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 lease and rent the Affordable Units in accordance with the terms and conditions stipulated in Sections 4, 5 and 6 of this Agreement for a term of fifty five (55) consecutive years commencing upon the date that the Project is first occupied. 7.1.3 Subsequent Assigningnt. 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. 7.2 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 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 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 16 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 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. 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 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 (v) the first business day following the date of transmittal of any facsimile, provided confirmation of successful transmittal is retained by the sending Party; 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.O. Box 1988 17 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 Santa Ana, California 92702 Attention: Housing Manager 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 If to Developer: Olive Crest 2130 East Fourth Street, Santa Ana, California 92705 Attn: Donald Verleur 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. 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 18 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43846773.1 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. 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. 19 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 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. 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 20 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43846773.1 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. 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 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. 8.24 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} 21 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the date set forth at the beginning of this Agreement. ATTEST: Jennifer Hall City Clerk APPROVED AS TO FORM: 4L46..R P.1,, r By: Matthew R. Cody Special Counsel for the City RECOMMEND FOR APPROVAL: Michael Garcia Executive Director Community Development Agency CITY OF SANTA ANA Alvaro Nunez City Manager Olive Crest, a Californian nonprofit corporation 6 zo�-;;r By: 4Z1oN►tL8-kfZ Its: C c v 22 2130 East Fourth Street Density Bonus Agreement 55394.00101 \43 846773.1 EXHIBIT A LEGALDESCRIPTION OF THE PROPERTY APN: 400-091-23 PARCEL A; PARCEL 1, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 42, PAGE 43 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF PARCEL 1, AS PER MAP RECORDED IN BOOK 41, PAGE 8 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL I OF 161AP RECORDED IN BOOK 41, PAGE 8 OF PARCEL MAPS; THENCE NORTH 89" 36'54'EAST ALONG THE SOUTH LINE OF SAID LAST MENTIONED PARCEL 1, ZD2.21 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 00" 15' 00* WEST 210 FEET TO A POINT ON A NORTHERLY LINE OF SAID LAST MENTIONED PARCEL I DISTANT THEREON NORTH 89" 36'54" EAST 72.21 FEET FROM THE SOUTHERLY TERMINUS OF THAT PORTION OF THE EASTERLY LINE OF SAID LOT LIKE 14AVING A COURSE OF NORTH 00" 1 600'WEST AND RAVING A LENGTH OF 335 FEET. SAID LAND IS DESCRIBED AND SHOWN AS PARCEL 2 IN THAT CERTAIN APPLICATION FOR LOT LINE ADJUSTMENT NO. 94-6 RECORDED MARCH 31, 190 AS INSTRUMENT NO. 95-137DD7 OF OFFICIAL RECORDS. EXCEPT ALL OIL- GAS., MINERALS AND OTHER HYDROCARBON SUBSTANCES, LYING BELOW A DEPTH OF 50D FEET FROM THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY UPON ANY PORTION OF THE SURFACE ABOVE DEPTH OF 5D0 FEET, TO TAKE, 161ARIKET, MINE, EXPLORE OR DRILL FOR SAME, AS RESERVED IN THE DEED FROM FRED RUSSELL LEWIS RECORDED JANUARY IS, 1970 IN BOOK 9191, PAGE 366 OF OFFICIAL RECORDS. AN EASEMENT FOR ALLEY PURPOSES TO BE USED IN COMMON WITH OTHERS OVER THOSE PORTIONS OF PARCELS 1. 2 AND 3 AS SHOWN ON A MAP FILED IN BOOK 27, PAGE 22 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF THE SAID PARCEL 3, THENCE ALONG THE WESTERLY LINE OF SAID PARCELS 3 AND 1, NORTH 0" IS OW WEST 54537 FEET TO THE NORTHERLY LINE OF THE SOUTH 10.00 FEET OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE AND THE EASTERLY PROLONGATION THEREOF, NORTH 89' 36'54' EAST 457.55 FEET; THENCE NORTH 44'40'20'EAST 14.16 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY 20.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID PARALLEL LINE, NORTH 0" IT 13"WEST 305.00 FEET, THENCE NORTH 4W 19' 36" WEST 14.13 FEET TO THE SOUTHERLY LINE OF FOURTH STREET, AS SHOWN ON SAID PARCEL MAP; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89'313 54" EAST 30.00 FEET TO THE EASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID EASTERLY LINE, SOUTH Or 1W 13" EAST 345-00 FEET, THENCE SOUTH 89' 36' 54' WEST 457M FEET TO A LINE PARALLEL WITH AND DISTANT 20.00 FEET, MEASUREDAT RIGHT ANGLES. FROM THE WESTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID LAST MENTIONED PARALLEL LINE, SOUTH 0' 1 5'2D' EAST 625.77 FEET TO THE SOUTHERLY LINE OF SAID PARCEL I THENCE ALONG THE SOUTHERLY LINE THEREOF, SOUTH 89- 30' 48" WEST 20.00 FEET TO THE POINT OF BEGINNING. EXCEPT THOSE PORTIONS THEREOF INCLUDED WITHIN PARCEL A ABOVE DESCRIBED. APN' 400-091-23 Exhibit A to 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43 846773.1 EXHIBIT B TENANT VERIFICATION [SEE FOLLOWING PAGES] Exhibit B to 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 EXHIBIT "B" INCOME VERIFICATION FORM Inclusionary Unit Address: Head of Household (Print Name): Current Address (if different from above): Telephone Number: Home: Email address: Date of Birth: Work: Social Security # or TIN: Household Composition Cell: List All Household Members Living in the Inclusionary Unit Dependent Social Security # Name Sex Age (Y/N) or Taxpayer ID # List additional household members on a separate sheet of paper. Income Verification Form Page 1 Santa Ana, California EXHIBIT "B" INCOME VERIFICATION FORM Monthly Gross Income List All Sources of Income of All Household Members Living in the Inclusionary Unit Part 1: Earned Income Other Head of Household 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 Income Verification Form Page 2 Santa Ana, California EXHIBIT "B" INCOME VERIFICATION FORM Monthly Gross Income * List All Sources of Income of All Household Members Living in the Inclusionary Unit Part 2: Investment Income Total Other Adult Household Head of Household Investment Household Members 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. Income Verification Form Page 3 Santa Ana, California EXHIBIT "B" INCOME VERIFICATION FORM Assets ** List the Current Value of All Assets of All Household Members Living in the Inclusionary 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. Income Verification Form Page 4 Santa Ana, California EXHIBIT "B" 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 1 $ Total Investment Income to be Included in Annual Household Income 1 $ Total Household Income 1 $ Documentation Attach True Copies of the Relevant Documents Listed Below Paycheck stubs from three most recent pay periods Employment verification Three years Income tax returns for Title Holders Social security verification Alimony/child support verification Other (Describe) Bank/Savings account verification Self-employment verification Unemployment verification Welfare verification Disability income verification Income Verification Form Page 5 Santa Ana, California EXHIBIT "B" 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 Inclusionary Unit listed above. (1/we) warrant that all information set forth in this document is true, correct and complete and based upon information (1/we) deem reliable and based upon such investigation as (1/we) deemed necessary. (I/We) acknowledge that (1/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 Inclusionary 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 Inclusionary Unit located at Signature Printed Name Executed at Signature Printed Name ,Santa Ana, California. Date Santa Ana, California Date Executed at , Santa Ana, California Affidavit Page 6 Santa Ana, California EXHIBIT C ANNUAL TENANT RECERTIFICATION [SEE FOLLOWING PAGES] Exhibit C to 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 Exhibit "C" TENANT INCOME VERIFICATION FORM 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION ORDINANCE CITY OF SANTA ANA Table 1: Annual Household Gross Earned Income 1 List All Sources of Earned Income for all Adult Household Members Living in the Inclusionary Unit Other Adult Head of Household Household Members Total 1. Gross amount, before payroll deductions of $ $ $ wages, salaries, overtime pay, commissions, fees, tips and bonuses 2. Net income from business $ $ $ 3. Social security, 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 1 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. Administrative Procedures Manual Page 1 Rental Residential Development June 3, 2025 Table 2A: Household Assets Z List the Value of All Assets Owned by all Adult Household Members Living in the Inclusionary Unit Head of Household Other Adult Household Members Total Return @ 10% of Total 1. Bank & savings accounts $ $ $ $ 2. Stocks and bonds $ $ $ $ 3. Real property $ $ $ $ 4. Other $ $ $ $ Table 213: Income Earned Annually from Household Assets List the Actual Annual Return on All Assets Owned by all Adult Household Members Living in the Inclusionary Unit Other Adult Head of Household Household Members Total 1. Bank and savings accounts $ $ $ 2. Stocks and bonds $ $ $ 3. Real property $ $ $ 4. Other $ $ $ The return on Household assets to be included in the Gross Income calculation is set at the greater of the two amounts shown on the following page: 2 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. Under California Government Code Section 6914, 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. Tenant Income Verification Form Page 2 Administrative Procedures Manual: Rental Housing Development June 3, 2025 Table 2C Annual Asset Income to be Added to Annual Household Gross Earned Income 10% Annual Return Actual Return Return to be Applied 1. Bank and savings accounts $ $ $ 2. Stocks and bonds $ $ $ 3. Real property $ $ $ 4. Other $ $ $ Total Annual Return to be Added to Annual Household Gross Earned Income $ The total Gross Household Income is equal to the sum of the following: Table 3: Calculation of the Household's Total Annual Gross Income Annual Household Gross Earned Income (Table 1) $ Annual Asset Income (Table 2C) $ Total Annual Household Gross Income $ Income Documentation Attach True Copies of the Relevant Documents Listed Below Paycheck stubs from two most recent pay periods Employment verification Income tax return Social security verification Alimony/child support verification Other (Describe) Bank/Savings account verification Self-employment verification Unemployment verification Welfare verification Disability income verification Tenant Income Verification Form Page 3 Administrative Procedures Manual: Rental Housing Development June 3, 2025 Exhibit "C" AFFIDAVIT This Affidavit is made with the knowledge that it will be relied upon by the City of Santa Ana, our landlord and the owner of our apartment building, to determine maximum income for eligibility. (1/we) warrant that all information set forth in this document is true, correct and complete and based upon information (1/we) deem reliable and based upon such investigation as (1/we) deemed necessary. (I/We) acknowledge that (1/we) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of (my/our) rental agreement with the property owner to rent the unit and will additionally enable the property owner to initiate and pursue all applicable legal and equitable remedies with respect to the unit and to me/us. (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 Inclusionary Unit located at Ana, California. Signature Printed Name Date Executed at , Santa Ana, California Signature Printed Name Executed at Date Santa Ana, California ,Santa Tenant Income Verification Form Page 1 Administrative Procedures Manual: Rental Housing Development June 3, 2025 EXHIBIT D ANNUAL RENTAL HOUSING COMPLIANCE REPORT [SEE FOLLOWING PAGES] Exhibit D to 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 ANNUAL RENTAL RESIDENTIAL DEVELOPMENT COMPLIANCE REPORT 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION ORDINANCE CITY OF SANTA ANA Project Name: Project Address: Total Number of Units in the Project: Compliance Report Completed By: Phone Number: Date: Reporting Period: Number of Very Low Income Units: Unit # Household Name Household Size Household Income Number of Bedrooms Calculation of Net Monthly Rent Date First Occupied Date of Last Income Recertification Gross Rent Minus: Net Rent Other Utility Mandatory Allowance Payments Administrative Procedures Manual: Page 1 Rental Residential Development 6/3/2025 F.XAI<RIT F. 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, 6th Floor Santa Ana, California 92702 Attn: Executive Director This document is exempt from payment of a recording fee pursuant to Government Code Sections 27383 and 6103. 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 Section 65915 of the California Government Code, and affects that certain real property generally located at 2130 East Fourth Street, Santa Ana, California (APN 400-091-023) (hereafter, the "Property") as legally described in Exhibit A hereto ("Property"). The City of Santa Ana, a charter city and municipal corporation of the State of California (referred to hereafter as "City"), and Olive Crest, a California nonprofit corporation ("Developer/Property Owner") have entered into that certain Density Bonus Housing Agreement With Declaration of Covenants, Conditions and Restrictions, dated as of , 2025 ("Density Bonus Housing Agreement"). 1. The Density Bonus Housing Agreement provides for affordability restrictions and restrictions on the transfer of the Property, as more particularly set forth in the Density Bonus Housing Agreement. A copy of the Density Bonus Housing Agreement is on file with City as a public record and is deemed incorporated herein. Reference is made to the Density Bonus Housing Agreement 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. Exhibit E to 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 2. For a period commencing upon the date on which the Affordable Unit receives all required occupancy permits from the City and terminating on the fifty- fifth (55th) anniversary thereof, the Property may only be transferred to another eligible, qualified Moderate Income Household at an Affordable Housing Cost; such restrictions are set forth at greater length in the Density Bonus Housing Agreement, which is expected to be recorded substantially concurrently herewith among the Official Records of Orange County, California. 3. Section 4.12 of the Density Bonus Housing Agreement provides as follows: "Notice of Affordability Restrictions on Transfer of Property. In the event of the sale or resale of an Affordable Unit during the Total Affordability Term, the City and the transferor shall execute and deposit into escrow, or record against the Affordable Unit, a Notice of Affordability Restrictions on Transfer of the Property as contained herein (Exhibit E). The sale or transfer of the Property, shall not be effective unless and until the City and the transferee execute the documents necessary to transfer the Density Bonus Agreement obligations from the transferor to the transferee." In the event that Developer/Property Owner desires to Transfer the Property during the Affordability Period, prior to the Transfer the owner shall notify City by delivering a Notice of Intent to Transfer to City, which shall indicate the identity of the proposed Transferee who desires to purchase the Property, whether the purchaser is a Moderate Income Household, and whether the sales price is at an Affordable Housing Cost. In addition to Homebuyer's and the proposed Transferee's delivery of the Notice of Intent to Transfer, the following procedure shall apply: a. Notice to City. Developer/Property Owner shall send the Notice of Intent to Transfer to City at the address set forth in the Density Bonus Housing Agreement. b. Qualification of Proposed Transferee. The proposed Transferee shall provide the 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 purchase price is at an Affordable Housing Cost. C. Certificates from Parties. Developer/Property Owner and proposed Transferee each shall certify in writing, in a form acceptable to City, that Exhibit E to 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 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 the City. The written certificate shall also include a provision that in the event a Transfer is made in violation of the terms of this Restriction 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 Developer/Property Owner and Transferee. d. Written Consent of City Required Before Transfer. During the Affordability Period, the Property, and any interest therein, shall not be conveyed by any Transfer except with the express written consent of the City, which consent shall be given only if the Transfer is in accordance with the provisions of this Restriction. This provision shall not prohibit the encumbering of title for the sole purpose of securing financing of the purchase price of the Property. e. Notice of Prohibited Transfer. Within twenty (20) days after receiving notification of a proposed Transfer in accordance with Section 3a., the City shall determine and give notice to Developer/Property Owner as to whether the proposed Transfer is a Permitted Transfer or Prohibited Transfer. In the event that the proposed Transfer is a Prohibited Transfer, such notice to Developer/Property Owner shall specify the nature of the Prohibited Transfer. If the violation is not corrected to the satisfaction of the City within ten (10) days after the date of the notice, or within such further time as the City determines is necessary to correct the violation, the City may declare a Default under this Restriction. Upon the declaration of a Default, the City may apply to a court of competent jurisdiction for specific performance of this Restriction, for an injunction prohibiting a proposed sale or Transfer in violation of this Restriction, 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, Developer/Property Owner 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 3 and any other documents the City may request. 4. The restrictions contained in the Density Bonus Housing Agreement commence upon the date on which the Affordable Unit receives all required Exhibit E to 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 occupancy permits from the City and terminate on the fifty-fifth (55th) anniversary thereof. 5. The commonly known addresses for the Property is 2130 East Fourth Street, Santa Ana, CA. 6. The assessor's parcel numbers for the Property is 400-091-23 7. The legal description of the Property is attached hereto as Attachment No. 1 and is incorporated herein by reference. 8. The Density Bonus Housing Agreement, which includes the affordability restrictions referenced above, is expected to be submitted for recordation in the Office of the Orange County Recorder contemporaneously with this Notice of Affordability Restrictions. 9. The Density Bonus Housing Agreement remains in full force and effect and is 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 Housing Agreement (including all Attachments 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 Density Bonus Housing Agreement or the Attachments thereto should contact the City at its offices (20 Civic Center Plaza, Santa Ana, California 92701, or such other address as may be designated by the City from time to time). Exhibit E to 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 DEVELOPER/ PROPERTY OWNER: By: Printed Name: [Signature to be acknowledged] THE CITY OF SANTA ANA 0 ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO, City Attorney City Attorney Dated: Executive Director, Community Development Agency Exhibit E to 2130 East Fourth Street Density Bonus Agreement 5 53 94.0010 1 \43846773.1 ORANGE COUNTY REPORTER — SINCE 1921 — 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 GEMA ZAPIEN CITY OF SANTA ANA/PLANNING & BUILDING AGEN 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA - 92702 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE )SS Notice Type: GPN - GOVT PUBLIC NOTICE Ad Description: 2130 E 4th St I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 05/30/2025 Executed on:05/30/2025 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. 11iuuiuiiuiiuiuiiuuiiuiiiuiiuiliiuiuuui This space for filing stamp only OR#: 3932029 NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision - making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Project Location: 2130 East Fourth Street, located within the Professional (P) zone and within the Village Center District of the Metro East Mixed Use Overlay (MEMU). Project Applicant: Donald Verleur (Applicant) representing Olive Crest (Property Owner). Proposed Project: Request for approval of Density Bonus Agreement No. 2025-03 to construct a fifteen -unit multi -family residential development, including three units proposed as affordable to very low- income households earning less than 30- 50 percent of the area median income (AMI). As proposed, the project will utilize concessions and a waiver or reduction to deviate from development standards through the density bonus agreement pursuant to California Government Code Sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Sections 41- 1600 through 41-1607. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15168 (Program EIR) of the CEQA Guidelines. Categorical Exemption ER No. 2023-94 will be filed for this project. Meeting Details: This matter will be heard on Monday, June 09, 2025, at 5:30 p.m. in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning- a n d- b u i l d i n g-m a et i n g-p a rti ci p a t i o n /. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Gema Zapien, Acting Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa- ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any project questions, please contact case planner Pedro Gomez with the Planning Division by phone at (714) 667-2790 or by email at PGomez@santa- ana.com. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espafiol, favor de Ilamar a Gema Zapien (714) 667-2732. Neu can lien lac bang tieing Viet, xin dien thoai cho Kristie Ha (714) 667- 2206. 5/30/25 OR-3932029# Email ' CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Protect Location: 2130 East Fourth Street, located within the Professional (P) zone and within the Village Center District of the Metro East Mixed Use Overlay (MEMU). Project Applicant: Donald Verleur (Applicant) representing Olive Crest (Property Owner). Proposed Project: Request for approval of Density Bonus Agreement No. 2025-03 to construct a fifteen - unit multi -family residential development, including three units proposed as affordable to very low-income households earning less than 30-50 percent of the area median income (AMI). As proposed, the project will utilize concessions and a waiver or reduction to deviate from development standards through the density bonus agreement pursuant to California Government Code Sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Sections 41-1600 through 41-1607. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15168 (Program EIR) of the CEQA Guidelines. Categorical Exemption ER No. 2023-94 will be filed for this project. Meeting Details: This matter will be heard on Monday, June 09, 2025, at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning-and-building-meeting-participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e- mail to PBAeComments(a-)-santa-ana.orq (reference the Agenda Item # in the subject line) or by mail to Gema Zapien, Acting Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any Project questions, please contact Case Planner, Pedro Gomez, with the Planning Division by phone at (714) 667-2790 or by email at PGomez(a)santa- anaorq. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Gema Zapien (714) 667-2732. Neu can lien lac bang tieng Viet, An dien thoai cho Kristie Ha (714) 667-2206. 1000' RADIUS NOTIFICATION MAP 2130 E Fourth Street 1,000 Sq. Ft. Suffer Map NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Proiect Location: 2130 East Fourth Street, located within the Professional (P) zone and within the Village Center District of the Metro East Mixed Use Overlay (MEMU). Proiect Applicant: Donald Verleur (Applicant) representing Olive Crest (Property Owner). Proposed Project: Request for approval of Density Bonus Agreement No. 2025-03 to construct a fifteen -unit multi -family residential development, including three units proposed as affordable to very low-income households earning less than 30-50 percent of the area median income (AMI). As proposed, the project will utilize concessions and a waiver or reduction to deviate from development standards through the density bonus agreement pursuant to California Government Code Sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Sections 41-1600 through 41-1607. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15168 (Program EIR) of the CEQA Guidelines. Categorical Exemption ER No. 2023-94 will be filed for this project. Meeting Details: This matter will be heard on Monday, June 09, 2025, at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/r)lanning-and-building-meetin - participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments(@santa-ana.org(reference the Agenda Item # in the subject line) or by mail to Gema Zapien, Acting Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the roposed action(s), including the full text ot at https //sant, ana primpgov com/publi /portt on the City website 72 hours prior to the public hearing Who To Contact For Questions: Should you have any Project questions, please contact Case Planner, Pedro Gomez, with the Planning Division by phone at (714) 667-2790 or by email at PGomez(a)santa-ana.orq. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. 1 1 Si tiene preguntas en espanol, favor de Ilamar a Gema Zapien (714) 667-2732. Neu can lien lac bang tieng Viet, xin dien thoai cho Kristie Ha (714) 667-2206. f�t�,lli I r d R lift MAYOR Valerie Amezcua MAYOR PRO TEM Benjamin Vazquez COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan CITY OF SANTA ANA CITY CLERK'S OFFICE 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org NOTICE OF CONTINUANCE PUBLIC HEARING BEFORE THE PLANNING COMMISSION SANTA ANA, CALIFORNIA CITY MANAGER Alvaro Nunez CITY ATTORNEY Sonia R. Carvalho CITY CLERK Jennifer L. Hall PURSUANT TO GOVERNMENT CODE § 54955.1, notice is hereby given that the Planning Commission of the City of Santa Ana continued the public hearing noticed for June 09, 2025 to J u n e 2 3, 2 0 2 5 t o consider adoption of a Density Bonus Agreement No.2025-03. The matter will be considered on Monday, June 23, 2025, at 5:30 P.M., in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate in this meeting, please visit https://www.santa-ana.oro/agendas-and-minutes/. Si tiene preguntas en espanol, favor de Ilamar a Gema Zapien (714) 667-2732. Neu can lien lac bang tieng Viet, An dien thoai cho Kristie Ha (714) 667-2206. Please contact the Planning and Building Agency at (714) 667-2700 with any questions. Gema Zapien Acting Planning Commission Secretary SANTA ANA CITY COUNCIL Valerie Amezcua Benjamin Vazquez Thai Viet Phan Jessie Lopez Phil Became Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tem, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 6 vamezcua(a�santaana.om bvamuez(dsanta-ana.ora tphan(dsanta-ana.ora iessielopez(asanta-ana.ora pbacerra(asantaana.om irvanhernandez(a.santaana.om dpenaloza(asanta-ana.ora Zapien, Gema From: Sent: Gomez, Pedro Monday, June 23, 2025 2:41 PM To: Zapien, Gema Subject: FW: public comment re item 1 for 6/23/25 Planning Commission meeting Attachments: Santa Ana - 2130 East Fourth Street - HAA Letter.pdf FYI — it's because the email was wrong. Thank you. From: Guevara, Jerry <jguevara@santa-ana.org> Sent: Monday, June 23, 2025 1:43 PM To: Gomez, Pedro <PGomez@santa-ana.org> Subject: FW: public comment re item 1 for 6/23/25 Planning Commission meeting Pedro, Fyi Jerry C. Guevara, AICP Senior Planner, Planning Division City of Santa Ana I Planning and Building Agency (M-20) 20 Civic Center Plaza I P.O. Box 1988 1Santa Ana, CA 92702 " (714) 647-54811 JGuevara@santa-ana.org The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events. Download the App: Click here to report an issue directly from the City website. From: James Lloyd dames@calhdf.org> Sent: Monday, June 23, 2025 1:35 PM To: PBAecomments@santaana.org Cc: Carvalho, Sonia R. <SCarvalho@santa-ana.org>; !City Clerk <CityClerk@santa-ana.org>; Planning <Plannine@santa- ana.org>; Nunez, Alvaro <ANunez@santa-ana.org> Subject: public comment re item 1 for 6/23/25 Planning Commission meeting Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Dear Santa Ana Planning Commission, The California Housing Defense Fund ("CaIHDF") submits the attached public comment re item 1 for 6/23/25 Planning Commission meeting, the proposed 15-unit housing development project at 2130 East Fourth Street, which includes three very low-income units. Sincerely, James M. Lloyd Director of Planning and Investigations California Housing Defense Fund lames@calhdf.org CaIHDF is grant & donation funded Donate today - https://calhdf.org/donate/ UDF Jun 23, 2025 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Re: Proposed Housing Development Project at 2130 East Fourth Street By email: PBAecommentsesantaana.org CC: scarvalhocasanta-ana.org; cityclerk(asanta-ana.org; Planning(asanta-ana.org; ANunez@santa-ana.org Dear Santa Ana Planning Commission, The California Housing Defense Fund ("Ca1HDF") submits this letter to remind the City of its obligation to abide by all relevant state housing laws when evaluating the proposed 15-unit housing development project at 2130 East Fourth Street, which includes three very low-income units. These laws include the Housing Accountability Act CHAR" ), the Density Bonus Law ("DBL"), and California Environmental Quality Act ("CEQA') guidelines. The HAA provides the project legal protections. It requires approval of zoning and general plan compliant housing development projects unless findings can be made regarding specific, objective, written health and safety hazards. (Gov. Code, § 65589.5, subds. (d), (j).) The HAA also bars cities from imposing conditions on the approval of such projects that would reduce the project's density (id. at subd. (j)) or render the project infeasible (id. at subd. (d)) unless, again, such written findings are made. As a development with at least two-thirds of its area devoted to residential uses, the project falls within the HAAs ambit, and it complies with local zoning code and the City's general plan. The City must therefore approve the project unless it makes written findings regarding health and safety as mentioned above - which it cannot do since the preponderance of the evidence in the record does not support such findings. (Ibid.) Increased density, concessions, and waivers that a project is entitled to under the DBL (Gov. Code, § 65915) do not render the project noncompliant with the zoning code or general plan, for purposes of the HAA. (Gov. Code, § 65589.5, subd. (j)(3).) Furthermore, if the City rejects the project or impairs its feasibility, it must conduct "a thorough analysis of the economic, social, and environmental effects of the action:' (Id. at subd. M.) 360 Grand Ave #323, Oakland 94610 www.calhdf.org Ca1HDF also writes to emphasize that the DBL offers the proposed development certain protections. The City must respect these protections. In addition to granting the increase in residential units allowed by the DBL, the City must not deny the project the proposed waivers and concessions with respect to public open space, private open space, parking study, and common open space. If the City were to deny the requested waivers, Government Code section 65915, subdivision (e)(1) requires findings that the waivers would have a specific, adverse impact upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. If the City were to deny the requested requested concessions, Government Code section 65915, subdivision (d)(1) requires findings that the concessions would not result in identifiable and actual cost reductions, that the concessions would have a specific, adverse impact on public health or safety, or that the concessions are contrary to state or federal law. The City, if it makes any such findings, bears the burden of proof. (Gov. Code, § 65915, subd. (d)(4).) Of note, the DBL specifically allows for a reduction in required accessory parking in addition to the allowable waivers and concessions. (Id. at subd. (p).) Additionally, the California Court of Appeal has ruled that when an applicant has requested one or more waivers and/or concessions pursuant to the DBL, the City "may not apply any development standard that would physically preclude construction of that project as designed, even if the building includes `amenities' beyond the bare minimum of building components" (Bankers Hill 150 a City of San Diego (2022) 74 Ca1.App.5th 755, 775.) Finally, the project is exempt from state environmental review pursuant to CEQA Guidelines section 15168 (Program EIR). Caselaw from the California Court of Appeal affirms that local governments err, and may be sued, when they improperly refuse to grant a project a CEQA exemption or streamlined CEQA review to which it is entitled. (Hilltop Group, Inc. v. County of San Diego (2024) 99 Ca1.App.5th 890, 911.) As you are well aware, California remains in the throes of a statewide crisis -level housing shortage. New housing such as this is a public benefit: it will provide badly needed affordable housing; it will bring new customers to local businesses; it will expand the city's tax base; and it will reduce displacement of existing residents by reducing competition for existing housing. Ca1HDF therefore strongly urges the City to approve the project, consistent with its obligations under state law. Ca1HDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households. You may learn more about Ca1HDF at www.calhdf.org. 2of3 Sincerely, Dylan Casey Ca1HDF Executive Director pb-� VL�- W James M. Lloyd CalHDF Director of Planning and Investigations 3of3