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HomeMy WebLinkAboutReso25-34_1441 E. 17th St. CUP-25-26Resolution No. 2025-34 Page 1 of 15 RESOLUTION NO. 2025-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2025-26 AS CONDITIONED TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF A NEW CHURCH AT THE PROPERTY LOCATED AT 1441 E. SEVENTEENTH STREET (APN: 396-221-60) 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. YNG Architects Inc. (“Applicant”), representing Laureano Carrera with Iglesia Cristiana Rayo De Luz (“Property Owner”), is requesting approval of Conditional Use Permit (CUP) No. 2025-26 to allow for construction and operation of a church at a property located within the Professional (P) zoning district at 1441 E. Seventeenth Street (“Project”). B. As part of the overall entitlement request, the Applicant is also seeking a separate approval of Variance No. 2025-02 to allow for reduced building and landscape setbacks as well as a reduction in the off-street parking requirements for the proposed church. C. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-313.5(n), a Conditional Use Permit is required for churches in the P zoning district within the City of Santa Ana. D. In September 2019, the Applicant submitted a Development Project Review (DP) application to the City for the change of use from office to a church. The DP application was deemed complete by the City’s development review committee (DRC) on May 13, 2021. On June 28, 2021, the office building sustained a major fire. The damaged structure was subsequently demolished with only the basement portion remaining. E. On February 28, 2023, the Applicant submitted a new Development Project Review (DP) application to the City for the construction and operation of a new church. F. On October 21, 2025, the Applicant submitted CUP No. 2025-26 requesting approval of the church use. G. On December 8, 2025, the Planning Commission held a duly noticed public hearing for CUP No. 2025-26. H. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the CUP for this Project as set forth by the Santa Ana Municipal Code. Resolution No. 2025-34 Page 2 of 15 I. The Planning Commission determines that the following findings, which must be established in order to grant this CUP pursuant to SAMC Section 41-638, have been established for CUP No. 2025-26 to allow a new church within the P zoning district as follows: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The proposed church will establish a community-serving religious assembly use that meets the needs of local residents and is appropriate for the surrounding neighborhood. The Project reinvests in a long-vacant, fire-damaged site with a low- intensity institutional use that includes worship services and related activities. Regular operations occur primarily on weekend evenings, which limits overlap with nearby office, school, and medical uses and supports compatibility with the existing land-use pattern. The Project includes several improvements that enhance safety, accessibility, and overall neighborhood quality. These include a new striped crosswalk across Eighteenth Street at Wright Street, providing congregants walking from the off-site parking lot at The Village with a safe, visible, and direct pedestrian connection. Additional right-of-way upgrades, such as new streetlights, sidewalk replacement, new curb and gutter, and new street trees, further improve pedestrian comfort, nighttime visibility, and safe mobility for both congregants and the wider community. These pedestrian enhancements operate in concert with the Project’s Parking Management Plan (PMP), which directs vehicles to off-site parking, prevents queuing, and ensures orderly circulation during peak worship hours. Together, these measures reduce potential traffic conflicts, improve safety for residents and pedestrians, and maintain the integrity of the surrounding neighborhood. The Project also enhances the site’s physical environment through upgraded lighting, enhanced landscaping, and construction of a new building designed to be compatible with nearby uses. Staff is recommending a condition of approval requiring two shade-producing trees along the southern elevation, further contributing to pedestrian comfort, aesthetic quality, and neighborhood livability. Overall, the proposed church is expected to function as a compatible institutional use on the site and to support the general well-being of the neighborhood by reactivating an underutilized property and providing a community-oriented Resolution No. 2025-34 Page 3 of 15 facility in a manner consistent with surrounding development. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed use has been designed and conditioned to ensure that it will not be detrimental to the health, safety, or general welfare of nearby residents or businesses. The church will operate as an indoor, low-intensity assembly use with limited weekday activity and primary worship services occurring on weekend evenings between 7:00 p.m. and 9:00 p.m., a time period when surrounding office, school, and medical uses are closed. This operating schedule minimizes potential conflicts related to traffic, parking demand, noise, and general activity levels. All worship services and program activities will occur indoors, which reduces noise and ensures compliance with applicable City noise thresholds. The building maintains more than 68 feet of separation from the nearest single-family residences to the north, providing an additional buffer that supports compatibility with the adjacent neighborhood. New lighting will be fully shielded and directed away from residential properties to prevent glare or spillover. Parking and circulation impacts have been thoroughly addressed. The Project provides 36 on-site spaces and 115 secured off-site spaces at locations largely unoccupied during service hours. The PMP requires trained attendants to direct vehicles, prevent queuing along Wright Street and Seventeenth Street, and ensure orderly circulation, thereby avoiding spillover parking or congestion on nearby residential streets. In addition, the Project includes a new striped crosswalk across Eighteenth Street and multiple right-of-way upgrades, such as new streetlights, sidewalk replacement, and new curb and gutter, that enhance pedestrian visibility, nighttime safety, and predictable pedestrian movement to and from the site. These circulation and safety enhancements, combined with upgraded landscaping, new street trees, and overall rehabilitation of a previously deteriorated and fire-damaged site, improve the physical environment and reduce potential hazards. The Project introduces no hazardous materials, no late-night operations, and no high-intensity activities. Taken together, these operational controls, pedestrian and circulation improvements, and site-design enhancements Resolution No. 2025-34 Page 4 of 15 ensure that the proposed church will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use is not expected to adversely affect the economic stability or future economic development of surrounding properties. The Project replaces a long-vacant, fire-damaged structure with a new building and related site improvements, which will improve the overall condition and appearance of the corridor. These improvements, including upgraded lighting, new landscaping, and rehabilitation of the existing basement structure, support continued reinvestment in the surrounding area by addressing blight conditions and enhancing the visual quality of this portion of Seventeenth Street. The church’s operational characteristics are compatible with nearby commercial and office uses. Worship services occur primarily during evening hours on weekends, when adjacent medical, office, and school uses are inactive. As a result, the use does not conflict with or displace existing daytime commercial operations, nor does it impede access, circulation, or parking availability for surrounding businesses. Parking demand has been addressed through both on-site spaces and secured off-site parking agreements, ensuring that the use does not create spillover parking or circulation impacts that could disrupt nearby commercial operations. The PMP provides additional safeguards to maintain orderly vehicle access and minimize interference with adjacent properties. By reactivating an underutilized site, improving building and site conditions, and operating in a manner that does not interfere with nearby commercial activities, the proposed use is not anticipated to negatively affect current or future economic activity along the corridor. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The proposed church use has been reviewed for compliance with the applicable provisions of Chapter 41 of the SAMC, including those governing religious assembly uses, development standards, parking, and the required findings for Resolution No. 2025-34 Page 5 of 15 a CUP. The Project design complies with all applicable zoning requirements except where variances have been requested to address unique site constraints. In addition, the Project incorporates required operational and site-design features, including indoor-only services, compliant lighting, landscaping, and circulation improvements, that ensure adherence to relevant standards. Conditions of approval further ensure ongoing compliance with Chapter 41, including requirements related to parking, implementation of the PMP, conformance with approved plans, and maintenance of property conditions. With adherence to the conditions of approval and the applicable provisions of Chapter 41, the proposed use will comply with all regulations governing its establishment and operation. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed church use is consistent with the City’s General Plan and will not adversely affect its goals, policies, or implementation. The site is designated Professional and Administrative Office (PAO), which allows a range of professional, administrative, and supporting institutional uses. The PAO designation accommodates community- serving institutional uses such as religious assembly, provided they are compatible with surrounding development. The Project reuses a long-vacant site, introduces a low- intensity institutional use, and incorporates building and site improvements that support the General Plan’s objectives for reinvestment, compatibility, and enhancement of the built environment. The Project aligns with several Land Use Element goals and policies by reinforcing neighborhood-serving activities, improving site appearance, and ensuring that new development is compatible in scale and intensity with adjacent office, school, and residential uses. The church’s indoor operations, limited hours, parking management measures, and substantial setback from nearby residences help ensure consistency with Noise Element policies and compatibility with surrounding land uses. The Project also supports Community Element policies by reactivating an underutilized parcel and providing a safe, accessible facility for community gatherings. In addition, the Project supports Urban Design Policy UD-2.2 Resolution No. 2025-34 Page 6 of 15 (Compatibility and Use with Setting) by maintaining the established scale, bulk, and development pattern along the Seventeenth Street corridor. Many nearby commercial and institutional buildings were constructed with reduced front setbacks, and the Project’s siting preserves this existing urban form, avoiding a recessed or inconsistent frontage that would conflict with the General Plan’s design intent. As designed and conditioned, the proposed use is consistent with applicable General Plan policies and does not conflict with any adopted specific plan. Accordingly, the Project will not adversely affect the City's General Plan. Section 2. In accordance with the California Environmental Quality Act (CEQA), the Project has been reviewed and determined to be categorically exempt from further environmental analysis. The Project qualifies under CEQA Guidelines Section 15332 (Class 32 – Infill Development) because it is consistent with the General Plan and zoning, is located on a fully urbanized 0.55-acre parcel, and contains no habitat for sensitive species. The surrounding area is already developed with professional offices, a charter high school, a medical office, and single-family residences, and the site itself contains no biological resources. The Project would not result in significant environmental effects related to traffic, noise, air quality, water quality, or public services. Trip generation remains below Vehicle Miles Traveled (VMT) screening thresholds, worship services occur during off- peak evening hours, and a Parking Management Plan (PMP) will ensure orderly circulation and prevent queuing. Construction activities will comply with City noise regulations, and air quality modeling confirms that emissions remain well below South Coast Air Quality Management District thresholds. Water quality impacts will be avoided through standard stormwater compliance. The site is not located on a hazardous materials property, within a State scenic highway corridor, or in an area subject to unusual circumstances, and no cumulative or historic-resource impacts have been identified. The Project also qualifies under CEQA Guidelines Section 15301 (Class 1 – Existing Facilities) for minor alterations to the existing basement structure. Based on these findings, staff has prepared Environmental Review No. 2023-20, and a Notice of Exemption 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 Resolution No. 2025-34 Page 7 of 15 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 Conditional Use Permit No. 2025-26, as conditioned in Exhibit A, attached hereto and incorporated 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 December 8, 2025, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. CUP No. 2025-26 shall not take effect unless and until Variance No. 2025-02 is approved by the Planning Commission. Resolution No. 2025-34 Page 8 of 15 ADOPTED this 8th day of December 2025 by the following vote. Isuri S. Ramos Chairperson APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Melissa M. Crosthwaite Senior Assistant City Attorney AYES: Commissioners: Carl Benninger, Christopher Leo, Jennifer Oliva, Bao Pham, Isuri S. Ramos, Alan Woo (6) NOES: Commissioners: ABSENT: Commissioners: Manuel J. Escamilla (1) ABSTENTIONS: Commissioners: Resolution No. 2025-34 Page 9 of 15 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Gema Zapien, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2025-34 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 8, 2025. ____________________________________ Gema Zapien Recording Secretary City of Santa Ana Date: ________12/08/2025________ Resolution No. 2025-34 Page 10 of 15 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2025-26 Conditional Use Permit No. 2025-26 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. Except as otherwise provided, the Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this Conditional Use Permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the Conditional Use Permit. Failure to comply with each and every condition may result in the revocation of this Conditional Use Permit. 1. The Applicant must comply with all conditions and requirements of the Development Review Committee for the Development Project (DP) No. 2023- 13. 2. Any proposed amendment to this CUP must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the CUP must be amended. 3. Violations of the CUP as contained in Section 41-647.5 of the Santa Ana Municipal Code will be grounds for permit suspension and/or revocation as described in Section 41-651 of the Santa Ana Municipal Code. 4. The establishment shall post in a conspicuous location at the entry to the building the contact information for the responsible onsite manager, including full name, phone number, and emergency or backup phone number, in case of noise and related operational complaints. 5. Copies of all required entitlements shall be kept at the business at all times and be made available to any City official upon request. 6. All services, meetings, and routine church activities open to congregants shall be limited to Friday, Saturday, and Sunday between 7:00 p.m. and 9:00 p.m. and Saturday and Sunday between 7:00 a.m. and 9:00 p.m. General administrative and office operations may occur Monday through Friday Sunday between 97:00 a.m. and 5:00 p.m. No early-morning (before 7:00 a.m.) or late-night (after 9:00 p.m.) services or activities shall be permitted. Modified by the Planning Commission on December 8, 2025. 7. Within six (6) months following issuance of the Certificate of Occupancy, the Applicant shall request and participate in a formal compliance review with Planning Division staff to evaluate the Project’s performance relative to the Resolution No. 2025-34 Page 11 of 15 approved Conditional Use Permit, including the expanded hours of operation now authorized on Saturdays and Sundays between 7:00 a.m. and 9:00 p.m. As part of this review, the Applicant shall submit an updated parking study and an updated Parking Management Plan (PMP) prepared by a qualified professional, documenting actual operational conditions. The parking study shall evaluate on-site and off-site parking utilization during typical and peak service periods, vehicular circulation patterns, queuing conditions, pedestrian routing, and any parking impacts on surrounding streets. The updated PMP shall incorporate the findings of the study and recommend operational refinements necessary to ensure continued compliance. The compliance review shall include, but not be limited to, verification of:  Adherence to approved hours of operation;  Functionality and adequacy of on-site and off-site parking arrangements;  Implementation and effectiveness of the Parking Management Plan;  Circulation, stacking, and pedestrian safety conditions;  Any documented parking complaints or neighborhood concerns;  Records of Police Department calls for service associated with the Project site; and  Any Code Enforcement violations, notices, or enforcement actions related to the use or property. If the Planning Division determines, based on substantial evidence, that operational modifications are necessary to ensure compliance or to mitigate verified impacts, the Applicant shall implement reasonable corrective actions, including adjustments to parking operations, staffing levels, circulation controls, signage, or congregation management practices. Any material change to hours of operation or reduction in parking resources shall require approval of an amendment to the Conditional Use Permit. Failure to submit the required parking study or updated PMP, or failure to participate in or comply with the compliance review, shall constitute a violation of the Conditional Use Permit and may result in enforcement action, including suspension or revocation pursuant to the SAMC. Added by the Planning Commission on December 8, 2025. 8. Prior to issuance of any building permits, the Applicant shall submit a parking management plan (PMP) to the Planning Division for review, which must be approved prior to issuance of a certificate of occupancy. The PMP shall detail management strategies for ancillary special events (e.g., weddings, funeral services, baptism, and other events not regularly scheduled) to minimize potential parking and circulation impacts onto surrounding properties and City roadways. In addition, the PMP shall minimally include provisions for high- visibility directional signage, clearly marked off-site parking areas, trained attendants to direct vehicles, congregation education materials, and incentives for rideshare, carpooling, transit, and bicycle use. Underground parking shall Resolution No. 2025-34 Page 12 of 15 primarily be reserved for staff and volunteers to maintain accessible entry and prevent congestion. 9. At any time that vehicle stacking extends beyond the entrance to the site, the owner/operator shall provide field staff as reasonably required to expedite/facilitate site circulation, assist with onsite parking, and prevent vehicles from blocking onsite parking spaces, drive aisles, sidewalks and bicycle lanes, and/or queuing onto public roadways. A stacking plan illustrating vehicle stacking management in parking areas shall be reviewed and approved by Planning Staff and shall be posted and maintained onsite. 10. Parking attendants shall be on-site and actively directing vehicles during all worship services to ensure safe circulation, prevent queuing along Wright Street and Seventeenth Street, and direct congregants to off-site parking locations in accordance with the approved Parking Management Plan. 11. The Applicant shall maintain valid, executed, and recorded shared-parking agreements for the minimum number of off-site parking spaces required under the approved Parking Management Plan. Any modification or termination of such agreements shall require prior written approval from the Planning Division, and a replacement agreement must be secured prior to terminating any existing agreement. 12. The Parking Management Plan shall include a pedestrian routing diagram demonstrating safe and direct access from off-site parking facilities to the Project’s site that avoids travel through nearby residential neighborhoods. Signage or attendants may be required to ensure compliance. 13. Site exterior noise levels must remain in compliance with Section 18-312 (Exterior Noise Standards) of the Santa Ana Municipal Code at all times. 14. No amplified sound, musical instruments, group activities, or assembly functions shall occur outdoors at any time, with the exception of limited congregation gatherings occurring immediately prior to and immediately after a scheduled service. Such gatherings shall be informal, shall not involve organized programming, and shall not create noise levels that exceed applicable City standards. 15. Prior to the issuance of any building permits, the Applicant shall submit a landscape and irrigation plan for the entire site to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district's landscape standards, the Water Efficient Landscape Ordinance (WELO), and the Citywide Design Guidelines. 16. All landscaping shall be installed per the approved landscape and irrigation plan. In addition, all landscaping shall be evergreen, be required to be maintained throughout the lifetime of the CUP, and shall be required to be maintained in a healthy manner. Moreover, any unhealthy or dead landscaping shall be required to be removed and replaced in-kind. Resolution No. 2025-34 Page 13 of 15 17. Prior to issuance of building permits, the Applicant shall revise the landscape plan to incorporate an enhanced landscape buffer along the northern property line, consisting of: a. A continuous row of minimum 24-inch box evergreen trees capable of achieving at least 15 feet in height at maturity; b. Dense shrubs and understory plantings to provide screening at eye-level; and c. Automatic irrigation extending the full length of the northern boundary. All landscape material shall be maintained in a healthy condition throughout the life of the CUP. 18. Prior to the issuance of any building permits, the Applicant shall revise the landscape and irrigation plans to incorporate a minimum of two (2) shade- producing trees along the southern elevation of the building. The species, size, placement, and spacing of these trees shall be reviewed and approved by the Planning Division as part of the final landscape plan to ensure adequate canopy coverage, pedestrian comfort, and enhanced site shading. All required trees shall be installed prior to final inspection and shall be maintained in a healthy condition throughout the life of the Conditional Use Permit. 19. The existing or proposed wall along the northern property line shall be maintained in good repair at all times. Any cracks, graffiti, deterioration, or structural issues shall be repaired within 72 hours of identification or City notice. 20. Site illumination levels must remain in compliance with Section 8-211 (Special Commercial Building Provisions) of the Santa Ana Municipal Code at all times. 21. Prior to the issuance of any building permits, the Applicant shall submit a full-site photometric study demonstrating compliance with Section 8-211 of the SAMC and showing zero-foot-candle spillover at the northern property line adjacent to single-family residences. If needed, additional shielding, fixture adjustments, or fixture replacements shall be required to achieve compliance. 22. All exterior lighting fixtures along the northern and western elevations shall include full cut-off shielding to prevent glare or illumination trespass onto residential properties. The Planning Division may require field adjustments during inspection. 23. During construction, the Applicant shall implement noise- and dust-control measures including but not limited to: Use of muffled equipment; Watering of exposed surfaces; Covered transport of debris; and Temporary screening and controlled staging areas away from the northern property line. 24. All loading and unloading activities shall be limited to the hours of 8:00 a.m. to 6:00 p.m., Monday through Saturday, with no loading or unloading permitted on Resolution No. 2025-34 Page 14 of 15 Sundays or holidays. 25. 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 Maintenance 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 on or 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 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, Resolution No. 2025-34 Page 15 of 15 unless the prospective assignee agrees in writing to assume all of the duties, 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 maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City; and h. The execution and recordation of the Agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement.