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HomeMy WebLinkAbout2026-009 - Allowing a Place of Worship on West Hazard Avenue RESOLUTION NO. 2026-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2026-03 AS CONDITIONED TO ALLOW A PLACE OF WORSHIP LOCATED AT 4006, 4010, AND 4018 WEST HAZARD AVENUE (APNS: 100-261-18, 100-261-19„ AND 100-261-20) 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. Long Van Huynh ("Applicant" and "Property Owner") is requesting approval of Conditional Use Permit (CUP) No. 2026-03 to establish a place of worship within Specific Development No. 53 (SD-53), subject to approval of Zoning Ordinance Amendment No. 2026-02, on property located at 4006, 4010, and 4018 West Hazard Avenue ("Project Site"), in conjunction with the proposed Bella Terra Residential Community and Temple development. B. The application includes the following related land use approvals: (1) Zoning Ordinance Amendment ("ZOA") No. 2026-02 to amend Specific Development No. 53 (SD-53) to update development standards and permit churches and other places of worship subject to approval of a Conditional Use Permit ("CUP")- and (2) Tentative Tract Map ("TTM") No. 2026-01 (County Map No. 19332) to subdivide the Project Site into 14 fee simple lots. ("Project"). C. Zoning Ordinance Amendment No. 2026-02 amending SD-53 requires adoption by the City Council to become effective, and the Conditional Use Permit is being considered concurrently with the proposed amendment. D. Pursuant to proposed amendments to SD-53 and Santa Ana Municipal Code ("SAMC„„) Section 41-638, places of worship within the SD-53 zoning district will be permitted subject to approval of a Conditional Use Permit, Approval authority for the Conditional Use Permit is vested in the City Council pursuant to SAMC Section 41-638. E. On August 7, 1989, the City Council adopted Ordinance No. NS-2019, rezoning the properties at 4006, 4010, and 4018 West Hazard Avenue from the Single- Family Residence ("R1") zoning district to SD-53. SD-53 became effective on September 6, 1989. F. The Project Site has a General Plan land use designation of Low-Medium Density Residential (°LMR-11") and is located within the SD-53 zoning district. Resolution No. 2026-009 Page 1 of 12 G. On January 23, 2023, the Applicant submitted a Development Project Review (DP) application for a subdivision to construct single-family residences and a place of worship. The application initiated the City's formal review process for the Project in accordance with applicable provisions of the SAMC. H. On January 5, 2026, the Applicant submitted an application for Conditional Use Permit No. 2026-03 to establish a place of worship on the Project Site. I. The Project proposes redevelopment of the Project Site through demolition of existing structures and is intended to allow for the construction of a two-story Cao Dai temple in conjunction with a residential subdivision. Related project approvals include Tentative Tract Map No. 2026-01 to subdivide the Project Site into 14 fee-simple lots and Zoning Ordinance Amendment No. 2026-02 amending Specific Development No. 53 (SD-53), all of which are under consideration by the City Council. J. The City Council finds that the public outreach requirements pursuant to Santa Ana Municipal Code (SAMC) Section 2-153 (Sunshine Ordinance), have been satisfied, including required public notification, community meetings, and posting of meeting materials on the City's website. K. An Initial Study and Mitigated Negative Declaration (IS/MND) was prepared for the Project, The ISIMND's Notice of Intent(NOI)was posted to the County Clerk on January 12, 2026, for the required 30-day public comment period, between January 13, 2026, and February 12, 2026, The IS/MND was also made available for public view at the City Hall Planning counter, Santa Ana Southwest Senior Center and on the City website. L. On March 9, 2026, the Planning Commission conducted a duly noticed public hearing on Conditional Use Permit No. 2026-03 and recommended that the City Council approve the Conditional Use Permit, subject to conditions. M. The City Council finds that the following findings required for approval of Conditional Use Permit No. 2026-03 pursuant to Specific Development No. 53 (SD-53) and Santa Ana Municipal Code Section 41-638 are satisfied: 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 place of worship provides a community-serving institutional use that contributes to the general well-being of the neighborhood by supporting the spiritual and cultural needs of area residents. The temple's scale, operational characteristics, and site design allow it to function in a manner compatible with the surrounding residential neighborhood. Approval of the Conditional Use Permit provides continued regulatory oversight of the use, ensuring ongoing compatibility over time. Accordingly, the proposed use offers a beneficial service to the community. Resolution No. 2026-009 Page 2 of 12 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 place of worship is not expected to be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The temple has been designed with perimeter masonry walls, compatible height and scale, and adequate on-site parking to reduce potential land use conflicts. Operational characteristics, including limited hours of activity and modest assembly sizes, further ensure compatibility with the surrounding residential neighborhood, and approval of the Conditional Use Permit provides ongoing regulatory oversight to maintain that compatibility. Accordingly, and subject to compliance with the conditions of approval, the City Council finds that the use will not be detrimental to the surrounding area. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed place of worship will not adversely affect the present economic stability or future economic development of surrounding properties because it is a community-serving use that is compatible with the scale and character of the neighborhood. The temple's design and operational characteristics reduce the potential for [and use conflicts, thereby supporting the continued viability and development potential of nearby properties, Accordingly, the City Council finds that the use will not be detrimental to the economic stability of the area. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The proposed place of worship complies with the applicable provisions of the SAMC and the development standards of Specific Development No. 53 (SD-53), as proposed to be amended through Zoning Ordinance Amendment No. 2026-02. The Project has been designed to meet the regulations governing places of worship, including applicable standards related to height, setbacks, parking, and site design. Accordingly, the City Council finds that the proposed use conforms to the regulatory requirements of Chapter 41 of the SAMC. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed place of worship is consistent with the Low-Medium Density Residential (LMR-11) land use designation and will not adversely affect the General Plan. Places of worship are community- Resolution No. 2026-009 Page 3 of 12 serving institutional uses that may be permitted within residential areas subject to discretionary review. The proposed temple is a compatible use that enhances livability and supportings mixed-use infill near transit along Harbor Boulevard (Goal LU-1 ; Policies LU-1 .1, LU-1 .2, LU-1.6). The integrated design provides supportive spaces for community gatherings through the temple (Goal LU-2; Policy LU-2.3), preserves neighborhood character with compatible and harmonious scale (Goal LU-3; Policies LU-3.1, LU-3.4), promotes a clean, safe, and creative environment (Policy LU-3.7), and creates complete neighborhoods with complementary uses (Goal LU-4; Policies LU-4.1, LU-4.7). Located in an area primarily consisting of low-scale single-family and multi-family residential uses, the religious temple is designed to be context-sensitive with the immediate surroundings. This context- sensitive approach further aligns with Urban Design Goal UD-1 ; and Policies UD-1.1 (Design Quality) and UD-2.2 (Compatibility with Setting) through high-quality materials, finishes, construction, buffers, and landscaping strategies. The temple's scale, site design, and operational characteristics promote compatibility with the surrounding neighborhood and support the General Plan's objectives related to neighborhood preservation and compatible land uses. Accordingly, the City Council finds that the proposed use is consistent with the General Plan and will not adversely affect its implementation. N. The effectiveness of Conditional Use Permit No. 2026-03 is contingent upon the City Council's adoption of Zoning Ordinance Amendment No. 2026-02, without which the proposed place of worship would not be permitted under the current zoning regulations. Section 2. Pursuant to the requirements of the CEQA, as amended (Section 21000 et. seq. of the Public Resources Code) and in accordance with the State CEQA Guidelines (Title 14, Section 15000 et. seq. of the California Code of Regulations), an Initial Study and Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared for the Project. The purpose of the IS/MND is to describe the proposed Project and to provide an evaluation of potential environmental impacts associated with the Project's construction and operation. Moreover, the ISIMND evaluates the potential environmental impacts of project implementation; includes significance determinations from the environmental analyses; identifies regulatory requirements to be incorporated into the project; and sets forth mitigation measures that will lessen or avoid potentially significant project impacts on the environment. The City of Santa Ana is the Lead Agency for the Project pursuant to CEQA Guidelines Section 15367. The ISIMND and MMRP were circulated for public review in accordance with CEQA requirements, and the City Council has independently reviewed and considered the environmental documentation prior to taking action on this resolution. Resolution No. 2026-009 Page 4 of 12 The ISIMND concluded that the Project could result in potentially significant environmental impacts; however, with incorporation of the identified mitigation measures and compliance with applicable conditions of approval, all impacts would be reduced to a less-than-significant level. Possible impacts identified in the ISIMND include those related to Cultural Resources, Geology and Soils, Noise, Tribal Cultural Resources, and Mandatory Findings of Significance. With implementation of mitigation measures (MM) listed below, all potential impacts would be less than significant: • MM CUL-1: Prior to the issuance of the grading permit, the Project Applicant shall provide written evidence to the City that the Applicant has retained an Orange County-certified archaeologist to observe grading activities within previously undisturbed soils, and to salvage and catalogue archaeological resources as necessary. • MM GEO-I: Prior to commencement of earthmoving activities, the Project Applicant shall retain a qualified Orange County-certified Paleontologist for on- call services in the event of a discovery of paleontologically sensitive rock formations during ground disturbance activities. • MM NOI-1: Prior to commencement of the demolition phase of the Project construction, the Applicant shall erect a temporary noise barrier along the west and east Project site boundaries and along the north side of the residential property located at 14532 Morse Drive, with a minimum height of 10 feet above grade, continuous with no gaps, and constructed of materials with sufficient mass to effectively reduce construction noise levels at adjacent residential receptors. • MM NO[-2: The Applicant shall require that all construction contractors restrict the operation of vibratory rollers and other vehicles with a weight greater than 24 tons to locations at least 25 feet from off-site buildings; lighter equipment may be used within this distance. • MM TCR-1: Prior to the commencement of any ground-disturbing activity, the project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleno Band of Mission Indians—Kizh Nation to monitor all ground-disturbing activities at on-site and off-site Project locations, with daily monitoring logs prepared and monitoring continuing until the Kizh and City agree it is no longer necessary. • MM TCR-2: Upon discovery of any Tribal Cultural Resources, all construction activities in the immediate vicinity (not less than 50 feet) shall cease until the Kizh monitor and/or Kizh archaeologist has assessed the find; the Tribe shall recover and retain all Tribal Cultural Resources in a manner it deems appropriate. • MM TCR-3: Upon discovery of any Native American human remains and associated funerary or ceremonial objects, all work shall cease, the County Coroner and Native American Heritage Commission procedures pursuant to Public Resources Code Section 5097.98 and Health and Safety Code Section Resolution No. 2026-009 Page 5 of 12 7050.5 shall be followed, preservation in place shall be the preferred treatment, and confidentiality of the discovery shall be maintained. The IS/MND's analysis determined that the above-mentioned environmental categories would cause no substantial adverse change to the environment with the inclusion of the enforceable mitigation measures, that would be adopted by the City. Based on the whole of the administrative record, including the Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program, the City Council finds that the proposed Project will not have a significant effect on the environment with implementation of the adopted mitigation measures, and hereby adopts the IS/MND and MMRP in conjunction with approval of this tentative tract map. Based on this analysis, a Notice of Determination, Environmental Review No. 2023-25, will be filed for this project. Section 3. This Resolution shall not be effective unless and until the City Council Ordinance for ZOA No. 2026-02 is adopted and becomes effective. If said Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this Resolution shall be null and void and have no further force and effect. Section 4. 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 5. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves CUP No. 2026-03, as conditioned in Exhibit A, to be effective upon the effective date of Zoning Ordinance Amendment No. 2026-02, 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 City Council Action dated April 21, 2026, and exhibits attached thereto, and the public testimony, all of which are incorporated herein by this reference Resolution No. 2026-009 Page 6 of 12 Section 6. This Resolution shall take effect immediately upon its adoptio `by the City Council, and the City Clerk shall attest to and certify the vote adopting this R solution. ADOPTED this 215t day of April, 2026. Va ri Amezcu Ma or APPROVED AS TO FORM: Sonia R. Caralh©, Ci Attorney By: Melissa M. Crosthwaite Senior Assistant City Attorney AYES: Councilmembers Amezcua, Bacerra, Hernandez, Lopez, Penaloza, Phan, Vazquez (7) NOES: Councilmembers None 0 ABSTAIN: Councilmembers None (0) ABSENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-009 to be the original resolution adopted by the City Council of the City of Santa Ana on April 21, 2026. Date: U_ jo pnta Resolution No. 2026-009 Page 7 of 12 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2026-03 Conditional Use Permit (CUP) No. 2026-03 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 CUP. The Applicant must remain in compliance with all conditions listed below throughout the life of the CUP. Failure to comply_ with each and every condition may result in the revocation of the CUP. 1. The Applicant must comply with all conditions and requirements of the Development Review Committee for the Development Project (DP) No. 2023-03. 2. All proposed site and building improvements must conform to any required plan check and permit requirements of the City and any other partner or contracted regulatory agencies. 3. Any proposed amendment to this Project, including, but not limited to, modifications to approved site plans, floor plans, parking management plan materials, finishes, architecture, site plan, landscaping, parking, and square footages, must be submitted to the Planning Division for review. At that time, staff will determine whether administrative relief is available or if an amendment to the CUP is required. 4. The Project shall comply with all applicable mitigation measures as identified by the Mitigation Monitoring and Reporting Program of the Project's Negative Declaration. 5. Violations of the CUP as contained in Section 41-647.5 of the Santa Ana Municipal Code, including failure to comply with any condition of approval, will be grounds for permit suspension and/or revocation as described in Section 41-651 of the Santa Ana Municipal Code. 6. The place of worship 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. 7. Regular religious services and assembly activities shall not occur outside the hours of 8:00 a.m. and 9:00 p.m., unless otherwise approved in writing by the Director of the Planning and Building Agency. 8. Copies of all required entitlements shall be kept at the place of worship at all times and be made available to any City official upon request. Resolution No. 2026-009 Page 8 of 12 9. Prior to building permit issuance, the Applicant shall submit a Parking Management Plan (PMP) for Planning Division approval, to remain in effect for the life of the Project. The approved PMP shall be implemented continuously, and updated by Planning Manager direction following parking complaints. The PMP shall include a framework for parking agreements between the residents and temple to prevent residents, guests, and temple patrons, from parking in the neighborhood outside the Project site. In the event that documented and sustained street parking issues arise in the adjacent single-family neighborhood after full Project occupancy, the Applicant shall facilitate the establishment of a parking permit district for the neighborhood, including preparation of a petition, gathering property owner signatures, and completing document/analysis as required by the Public Works Agency, at the Applicant's full and sole expense. 10. The PMP, as approved by the Planning Division, shall be implemented at all times, including during special events and other irregularly scheduled activities. The PMP shall be kept on site and made available to City staff upon request. If the City receives substantiated complaints related to parking or circulation, the Planning Manager may require the Applicant to update and re-submit the PMP for review and approval to ensure continued compliance. 11. The Applicant, Property Owner, and/or designee exercising control and responsibility for the temple shall ensure that vehicle queues associated with temple activities do not extend onto adjacent public streets or obstruct on-site drive aisles, parking areas, or emergency access. If vehicle stacking is observed to extend beyond the site entrance or create circulation or safety concerns, the Planning Manager may require operational measures such as on-site traffic attendants, event management protocols, or other reasonable actions to maintain safe and efficient circulation. Any required measures shall be implemented to the satisfaction of the Planning Manager. 12. At any time that vehicle stacking extends beyond the entrance to the site, the owner/operator shall provide field staff as determined by the Planning Manager 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. 13. Walls and Fencing. a. The Applicant shall be construct a minimum seven-foot (7') tall solid perimeter wall, inclusive of a four-inch (4") decorative cap, as measured from nearest adjacent finished sidewalk, surrounding the Project site. The perimeter wall shall conform to all applicable Citywide Design Guidelines, including a split-face or painted design with regularly-spaced pilasters and decorative cap. The Applicant is responsible for coordination with any adjacent property owners to avoid double-walls or gaps between walls where possible. Resolution No. 2026-009 Page 9of12 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. C. Prior to 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 landscaping maximizes onsite coverage in compliance with established landscape standards. This condition applies to all project areas except the individual residential lots. 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. 14. Prior to the issuance of any building permits, the Applicant shall submit a landscape and irrigation plan for all project areas except the individual residential lots 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 (WELD), and the Citywide Design Guidelines. 15. Prior to occupancy of any building, the following conditions shall be completed: a. The entire length of Morse Drive shall be repaired and repaved, from Hazard Avenue south to the end of the private street. The street shall be paved to city standards and at the developer's sole expense. b. The new curb to be installed along the west property line of the Temple shall be painted red to prohibit parking on this segment of Morse Drive (approximately 171 linear feet). This shall be done at the developer's sole expense. C. A "Private Street/No Parking" sign (s) shall be installed along the length of the painted red curb to prohibit parking. This shall be done at the developer's sole expense. 16. Prior to installation of landscaping throughout the Project site, the Applicant shall submit photos and specifications of all proposed trees to the Planning Division for review and approval.All required trees shall be a minimum 24-inch box size shade- producing canopy species, with a minimum 10-foot trunk height and supplier information included. Non-shade-producing species, such as palms, may be used as accent or specimen trees. 17. All landscaping shall be installed per approved landscape and irrigation plans and 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. Any damage to existing structures, walls, parking areas, or landscaping must be repaired. Resolution No. 2026-009 Page 10 of 12 18. The following parking management practices shall be incorporated into the final, recorded covenants, conditions, and restrictions (CC&Rs) and shall apply through the life of the project: a. Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the surface guest parking spaces; b. Policies for maximum time vehicles may be parked in the surface guest spaces; 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; and d. Routine garage inspections to ensure garages are available for vehicle parking. 19. Site exterior noise levels must remain in compliance with Section 18-312 (Exterior Noise Standards) of the Santa Ana Municipal Code at all times. 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. 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 or incorporate the form of this condition within the Project's CC&R's with the City of Santa Ana. . 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); Resolution No. 2026-009 Page 11 of 12 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 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; and h. The execution and recordation of the Agreement shall be a condition precedent to the final map being recorded. Resolution No. 2026-009 Page 12of12