HomeMy WebLinkAbout2026-034 - Density Bonus for 2100 W. Alton Ave. RESOLUTION NO. 2026-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING DENSITY BONUS AGREEMENT
NO. 2026-04 TO ALLOW DEVELOPMENT OF A 36-UNIT
SINGLE-FAMILY DETACHED RESIDENTIAL
SUBDIVISION, INCLUDING THREE UNITS PROPOSED AS
AFFORDABLE TO VERY LOW-INCOME AND THREE
PROPOSED AS AFFORDABLE TO MODERATE-INCOME
HOUSEHOLDS FOR THE PROPERTY LOCATED AT 2100
WEST ALTON AVENUE (APNS: 412-541-06 AND 412-541-
10)
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. Greg Ocasek, representing Warmington Residential California, Inc.
("Applicant"), on behalf of BDC Santa Ana LLC ("Property Owner"), is
requesting approvals of Density Bonus Agreement Application No. 2026-04 to
facilitate the development of a 36-unit single-family detached residential
subdivision, including three (3) units proposed as affordable to very low-income
and three (3) units proposed as moderate-income households, for the property
located at 2100 West Alton Avenue ("Project").
B. The California Density Bonus Law generally 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 22, 2026, 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 Vesting Tentative Tract Map No. 2026-05, and, based
upon the findings required by Government Code Section 65915 and Santa Ana
Municipal Code Section 41-1602(d), four (4) concessions and four (4) waivers,
to be memorialized in Density Bonus Agreement No. 2026-04.
E. The Project provides eighty-nine (89) parking spaces, including seventy-two
(72) enclosed garage spaces and seventeen (17) guest parking spaces, which
Resolution No. 2026-034
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exceeds the parking standards permitted pursuant to Government Code
Section 65915(p). The City Council further finds that the Project includes
ongoing parking management measures, to be incorporated into the recorded
Covenants, Conditions, and Restrictions (CC&Rs), including guest parking
permit requirements, parking time limitations, towing enforcement provisions,
and routine garage inspections to ensure garages remain available for vehicle
parking. These measures are intended to minimize potential neighborhood
parking impacts and ensure compatibility with surrounding residential uses.
F. Pursuant to SAMC Section 41-1602(d), approval of Density Bonus Agreement
No. 2026-03 is within the purview of the City Council.
G. On July 7, 2026, the City Council of the City of Santa Ana held a regular meeting
and considered approval of Density Bonus Agreement No. 2026-04.
H. The City Council hereby approves Density Bonus Agreement No. 2026-04. 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
and memorializes the affordable housing obligations, the concessions and
waivers approved by the Planning Commission, and other terms necessary to
implement the Project pursuant to State Density Bonus Law and SAMC Section
41-1607, in accordance with Vesting Tentative Tract. Map No. 2026-05, as
conditioned.
Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the
CEQA Guidelines, the Project is exempt from further review, pursuant to Section 15332
(Class 32) of the CEQA Guidelines (in-Fill Development Projects), because the Project is
consistent with the applicable General Plan land use designation and applicable General
Plan policies, as well as with applicable zoning designation and regulations as modified
by the State Density Bonus Law. Moreover, the proposed development occurs within the
City limits on a project site of no more than five acres; the project site has no value as
habitat for endangered, rare or threatened species; approval of the Project would not
result in any significant effects relating to traffic, noise, air quality, or water quality; and
the site can be adequately served by all required utilities and public services. Based on
this analysis, a Notice of Exemption, Environmental Review No. 2025-67, will be filed for
this Project.
Section 3. The Applicant shall indemnify, protect, defend and hold the City
and/or any of its officials, officers, employees, agents, departments, agencies, authorized
volunteers, and instrumentalities thereof, harmless from any and all claims, demands,
lawsuits, writs of mandamus, referendum, and other proceedings (whether legal,
equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
resolution procedures (including, but not limited to arbitrations, mediations, and such
other procedures), judgments, orders, and decisions (collectively "Actions"), brought
against the City and/or any of its officials, officers, employees, agents, departments,
agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
aside, void, or annul, any action of, or any permit or approval issued by the City and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City) for or
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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. 2026-04 03 and authorizes the City
Manager to execute the Agreement in a form approved by the City Attorney. This approval
is based on the written materials submitted, including: the Request for Planning
Commission Action dated June 22, 2026; and the Request for City Council Action dated
July 7, 2026, 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 7tn day of July, 2026.
Val e Am z ua
ay r
APPROVED AS TO FORM:
Sonia R. Carvalh , City Attorney
By:
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers Amezcua, Hernandez, Lopez, Penaloza
Phan, Vazquez (6)
NOES: Councilmembers Bacerra (1)
ABSTAIN: Councilmembers None (0)
ABSENT: Councilmembers None (0)
Resolution No. 2026-034
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution
No. 2026-034 to be the original resolution adopted by the City Council of the City of Santa
Ana on July 7, 2026.
Date:
j Jennifer L. all
'f City Closk
L---- t y of Sant Ana
Resolution No. 2026-034
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