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HomeMy WebLinkAbout32B - TRACT MAP - 520 S HARBORREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 4, 2015 TITLE: VESTING TENTATIVE TRACT MAP NO. 2015 -01 (COUNTY MAP NO. 17786) AND INCLUSIONARY HOUSING AGREEMENT TO ALLOW A SUBDIVISION FOR INDIVIDUAL LOTS AT 520 SOUTH HARBOR BOULEVARD — TODD COTTLE, APPLICANT (S TE P NOS. 3, 2; 3, C, 6, 3; 6, 4) —O CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Receive and file the staff report approving Vesting Tentative Tract Map No. 2015 -01 as conditioned. 2. Approve an Inclusionary Housing Agreement with 520 South Harbor, LLC for the payment of an in -lieu fee for a residential development. PLANNING COMMISSION ACTION At its regular meeting on June 22, 2015 by a vote of 6:0 (Mill absent), the Planning Commission adopted a resolution approving a proposal to subdivide an existing parcel into 35 individual lots for single - family residences and 10 lettered lots for common areas and private streets at 520 South Harbor Boulevard located in the Harbor Mixed Use Transit Corridor Specific Plan (SP2) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION The applicant proposes to construct a 35 -unit single - family residential development at 520 South Harbor Boulevard. All units will take access from a single private street off Harbor Boulevard, and four units will have frontage directly onto Harbor Boulevard. A vesting tract map is proposed for the project that will allow the sale of the 35 single - family units and to create 10 lettered lots for private streets and common area purposes. Existing infrastructure in the area will be upgraded to service the project. These upgrades include construction of new driveways, sidewalks, curbs and gutters, the planting of new trees in the landscape parkway, and new street lighting per City standards. Full sized site plans are available for public viewing in the Clerk of the Council Office. In addition to the action taken by the Planning Commission, the applicant is proposing to satisfy the Housing Opportunity Ordinance (HOO) by payment of an in -lieu fee. The HOO allows payment of a fee if substantial evidence supports that the cost of providing inclusionary units on- site would substantially exceed the amount of the in -lieu fee. Pursuant to the provisions of the 32B -1 VTTM No. 2015 -01 & Inclusionary Housing Agreement August 4, 2015 Page 2 current ordinance, the amount of the fee is based on the affordability gap associated with fulfilling the required affordable housing units on -site within the development. A calculation was performed to determine the fee amount. The fee calculation is based on the affordability gap of $92,500 per unit, which results in a total in -lieu fee of $484,575 under the current ordinance to be paid prior to issuance of a building permit for any portion of the project. The applicant has elected to proceed with the current agreement pending potential changes to the HOO that could retroactively result in a modified in -lieu fee calculation; should the HOO change in the future, the applicant would be required to request modification of the in -lieu amount if he elects to pursue modification (Exhibit B). Approval of the in -lieu fee will allow for the construction of a new mixed - use multi - family project on a 2.27 -acre site located in the Harbor Mixed Use Transit Corridor Specific Plan area (SP -2). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objectives No. 2 (create new opportunities for businessfiob growth and encourage private development through new General Plan and Zoning Ordinance policies) and No. 5 (leverage private investment that results in tax base expansion and job creation citywide) of the Santa Ana Strategic Plan. Moreover, approval of this item supports Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objectives No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and No. 4 (support neighborhood vitality and livability). FISCAL IMPACT If the developer is issued permits to proceed with the project, payment of the in -lieu fees will be paid at that time and this may occur in FY 15116. Upon receipt, the estimated fees in the amount of $484,575 will be deposited into the Inclusionary Housing Fund revenue account (no. 41718002- 57896). Hassan Hagtldni, AI Executive Director Planning & Building Agency Kelly Reendfrs / Executive Director v Community Development Agency APPROVED y(4 TO FUNDS AND ACCOUNTS: r-rapclsco uutierrez _5F, Executive Director Finance & Management Services Agency AP:rb apiRoxir1515teg Reports far CWTTiAl "l C &C Single Family Hoes and In Lieu Fe&w Exhibit: A. Planning Commission Staff Report B. Inclusionary Housing Agreement 32B -2 REQUESTFOR PLANNING COMMISSION MEETING DATE: JUNE 22, 2015 TITLE: PUBLIC HEARING — FILED BY TODD COTTLE FOR VESTING TENTATIVE TRACT MAP NO. 2015 -01 (COUNTY MAP NO. 17786) TO ALLOW A SUBDIVISION FOR INDIVIDUAL LOTS AT 520 SOUTH HARBOR BOULEVARD (STRATEGIC PLAN NOS. 3, 2; 3, 5; 5, 3; 5, 4) Prepared by Ali Pezeshkpour PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Executive Director ( Actin Plannin anager RECOMMENDED ACTION Adopt a resolution approving Vesting Tentative Tract Map No. 2015 -01 as conditioned. Request of the Applicant Todd Cottle, representing 520 South Harbor, LLC, is requesting approval of a vesting tentative tract map to subdivide an existing parcel into 35 individual lots for single- family residences and 10 lettered lots for common areas and private streets. Applications for subdivisions over four parcels require approval of a tentative tract map by the Planning Commission pursuant to Section 34 -127 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The project site consists of a single, 2.27 -acre parcel on the west side of Harbor Boulevard between First Street and McFadden Avenue. The project site is flat and rectangular in shape. The lot is currently vacant with a deteriorated paved portion in the front near Harbor Boulevard. Land uses surrounding the site include multiple - family residences to the north, multiple- family dwellings to the west, single - family dwellings and commercial to the south, and commercial uses to the east across Harbor Boulevard (Exhibits 1, 2, and 3). The project is located within the Corridor district of the Harbor Mixed Use Transit Corridor Specific Plan (SP -2), which is comprised of nearly two miles of properties along Harbor Boulevard in an area generally bounded by Westminster Avenue to the north and the City limits near Lilac Avenue to the south. The 305 -acre specific plan area is designated in the General Plan as Urban Neighborhood (UN) and District Center (DC) and is currently developed with a mixture of land uses, including residential, commercial, industrial, open space, public and vacant properties. EXHIBIT A 32B -3 VTTM No. 2015 -01 June 22, 2015 Page 2 Project Description Subdivision Summary — The applicant proposes a subdivision in conjunction with a 35 -unit single - family residential development. All units will take access from a single private street off Harbor Boulevard, and four units will have frontage directly onto Harbor Boulevard. A vesting tract map is proposed for the project that will allow the sale of the 35 single - family units and to create 10 lettered lots for private streets and common area purposes. Existing infrastructure in the area will be upgraded to service the project. These upgrades include construction of new driveways, sidewalks, curbs and gutters; planting of new trees in the landscape parkway; and new street lighting, all per City standards. Development Summary — The project proposes 35 single - family residences with common areas to serve the residents of the development. Of the 35 residences, 18 are proposed to contain two bedrooms, a den and four baths with 1,849 square feet. The remaining 17 are proposed to contain four bedrooms and four baths with 1,825 square feet. Each residential structure will take vehicular access from private alleys and will contain two -car garages. With the exception of the four units containing frontage on Harbor Boulevard, all units will face common area courtyards and paseos. The four units on Harbor Boulevard will be elevated above surrounding grade to establish privacy for the residents and to enhance the structure's presence on the surrounding streetscape. To generate the sense of a traditional single - family residential neighborhood, a mixture of architectural styles is proposed for the single - family dwellings, with variations in color and materials among each style. The project will provide 70 parking spaces inside garages, and an additional 21 spaces on surface parking along private streets, for a total of 91 on -site parking spaces. The proposed parking exceeds the rnininrum 61 parking spaces that are required by the Harbor Mixed Use Transit Corridor Specific Plan. Guests and visitors will be able to park in parallel parking spaces on the private street. Access to the project will be provided from a single entrance on Harbor Boulevard. No gates or other private entries are proposed at this time. A variety of open spaces are planned for the development. Exterior amenities include a recreation area, courtyards and paseos. The primary recreation area will feature a barbecue area, tables and benches, a dog park, and bicycle racks. In addition, courtyards and paseos will provide additional open space areas and will be programmed with amenities for passive recreation (Exhibits 4 and 5). Inciusionary Housing — The proposed project is subject to the requirements of the Housing Opportunity Ordinance (HOO), which contains inclusionary unit requirements for projects that consist of the construction of five or more dwelling units (SAMC Sections 41 -1900 et ai.). The applicant is requesting approval to subdivide the property to allow the sale of individual lots for single - family residences at market rates. In accordance with the HOO, the applicant has provided substantial evidence that supports a finding that the cost of providing inclusionary units on -site would substantially exceed the amount of the applicable in -lieu fee (SAMC Section 41- 1904). As a result, the applicant will be requesting Council approval to pay an in -lieu fee. 32B -4 VTTM No. 2015 -01 June 22, 2015 Page 3 Proiect Background In October 2014, the City Council adopted the Harbor Mixed Use Transit Corridor Specific Plan, which replaced the North Harbor Specific Plan and allows for a greater amount of residential, commercial, and mixed -use projects in the Specific Plan area. In anticipation of the Specific Plan's adoption, the applicant submitted plans for a mixed -use community on the project site. After working with staff to comply with the provisions of the Harbor Plan, the applicant moved forward with the current proposal, which provides a traditional single - family neighborhood character to assist with blending in with current development patterns in the project vicinity. General Plan and Zoning Analysis The General Plan land use designation for the site is Urban Neighborhood (UN). Urban Neighborhood land -use districts allow a mix of residential uses and housing types, such as low to mid -rise multiple family dwellings, townhouses and single family dwellings, with some opportunities for live -work, neighborhood serving retail and service, public spaces and uses, and other amenities. The project site is consistent with this General Plan land use designation. The project site is located within the Corridor district of the Harbor Mixed Use Transit Corridor Specific Plan (SP -2). The Specific Plan allows for residential developments, making the subject application consistent with the zoning designation. Proiect Analysis Vesting tentative tract map requests are governed by Section 34 -119 through 34 -318 of the SAMC. Vesting tentative tract map requests may be granted when it can be shown that the following can be established: • The proposed project, as conditioned, and its design and improvements are consistent with the Urban Neighborhood land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. • The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. • The project site is physically suitable for the type and density of the proposed project. • The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 32B -5 VTTM No. 2015 -01 June 22, 2015 Page 4 • The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. If these findings can be made, then it is appropriate to grant the vesting tentative tract map. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. Based on a review of the tentative map by the Planning Division and Public Works Agency, the project has been designed to be in compliance with the applicable development standards found in Chapters 34 (Subdivision) and 41 (Zoning) of the Santa Ana Municipal Code, as well as the provisions of the Harbor Mixed Use Transit Corridor Specific Plan (SP -2). Further, approval of the map will be consistent with the goals and policies identified in the City's General Plan. The proposed subdivision, Vesting Tentative Tract Map No. 2015 -01, is consistent with the Urban Neighborhood land use designation and density prescribed and all other elements of the General Plan. Specifically, the proposed subdivision is consistent with several policies within the Land Use Element of the General Plan, including: Policy 1.5 (Maintain and foster a variety of residential land uses in the City); Policy 1.7 (Support open space in underserved areas); and Policy 3.1 (Support development which provides a positive contribution to neighborhood character and identity). • The proposed subdivision conforms to the minimum requirements as well as meets the letter and intent of the State of California Subdivision Map Act provisions. Vesting Tentative Tract Map No. 2015 -01 is in keeping with the site plan review for the project as well as Chapters 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the recordation of the final map. There are no physical constraints on the site that preclude development of the site. The proposed site consists of approximately 2.27 acres of land within the Harbor Mixed Use Transit Corridor Specific Plan (SP -2), which is physically suitable for the residential development as proposed. Access to the site will occur from a single poinl on Harbor Boulevard. The proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. A program -level Environmental Impact Report (EIR) was prepared pursuant to the California Environment Quality Act for the new Harbor Mixed Use Transit. Corridor Specific Plan that anticipated up to 2,000 residential units being built in the Specific Plan area. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. RKEW VTTM No. 2015 -01 June 22, 2015 Page 5 • The proposed subdivision will not have any detrimental effects upon the general public. The short -term and long -term unavoidable adverse impacts identified in Environmental Impact Report No. 2014 -01 were addressed by the adoption of a Statement of Overriding Considerations by the City Council. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2014 -01 and conditions of approval for the vesting map. • The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project since there is no public access easement located within this property. Public Notification On November 12, 2014, the applicant held a community meeting in accordance with the provisions of the Santa Ana Sunshine Ordinance (Ordinance No. NS- 2838). Approximately eight local residents and property owners attended the meeting, as well as the project developers, architects and City staff. Attendees asked questions on topics such as parking, floor plans, construction impacts and outreach, environmental design, and sales prices. Attendees also expressed support for the sale of the units to individual property owners. Following the meeting, the applicant provided an affidavit to City staff containing meeting information, minutes, and a statement that the meeting was held in compliance with the Sunshine Ordinance's requirements. The project is located within the boundaries of the Riverview West Neighborhood Association. Staff contacted the president of the Riverview West Association as well as the nearby Santa Anita Neighborhood Association to ensure that they were notified of this project and to identify any areas of concern. Neither president identified any concerns with the proposed project. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act (CEQA), the recommended action has been determined to be adequately evaluated in the previously certified EIR No. 2014 -01 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2014 -01 and associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and continue to apply to the proposed project. As required by the MMPR, a traffic impact analysis was performed to analyze any potential changes in area traffic as a result of the proposed development. The study concluded that no additional significant impacts that would trigger the requirement for additional environmental review. 32B -7 VTTM No. 2015 -01 June 22, 2015 Page 6 Strateaic Plan Allanment Approval of this item supports the City's efforts to meet Goal No. 3 Economic, Development, Objectives No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and No. 5 (leverage private investment that results in tax base expansion and job creation citywide) of the Santa Ana Strategic Plan. Moreover, approval of this item supports Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objectives No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and No. 4 (support neighborhood vitality and livability). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Vesting Tentative Tract Map No. 2015 -01 as conditioned. All Pezeshl<pour Assistant Planner I AP:jm apWARepons\Slalf Reports for PCNT-1 "M15.01 C &C Single Family Hames.pc Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Building Elevations Exhibit 6 — Vesting Tentative Tract Map VTTM 2015 -1 ' C &C SINGLE- FAMILY HOMES Q 520 SOUTH HARBOR BOULEVARD - - =5CDFE =, DOD FEET P L A N "N I N G A N B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 32B -9 FIRST �J I l_1 L__J U L_.i + SP-2 rPl>;! i; 5P -2 $ d I II - -I 1 I M • ` ft21i., Mt SD -32 °tg II II 1� I I -A9 <. i� "� SU j� 1 ° .:-ryll II II I I nz Ih� :nonce P I/_ R2 �.u�na ) ♦____CC_� � 0 II II If I /( �_ II IL_______ R2 R3 II i I`yl II R2 SP-2 R2 R2 R2 ,$ -1___� II II II jl II II 6 �•. 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The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Vesting Tentative Tract Map No. 2015- 01 to allow subdivision of one existing parcel into 35 individual lots for single - family residences, and 10 lettered lots for common areas and private streets for the property located at 520 South Harbor Boulevard. B. Santa Ana Municipal Code Section 34 -127 requires Planning Commission approval of a tentative tract map for subdivisions. C. On June 22, 2015, the Planning Commission held a duly noticed public hearing on Vesting Tentative Tract Map No. 2015 -01. D. In order to adopt a Vesting Tentative Tract Map, California Government Code Section 66474 requires the following findings: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Industrial land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision, Vesting Tentative Tract Map No. 2015 -01, is consistent with the Urban Neighborhood land use designation and density prescribed and all other elements of the General Plan. Specifically, the proposed subdivision is consistent with several policies within the Land Use Element of the General Plan, including: Policy 1.5 (Maintain and foster a variety of residential land uses in the City); Policy 1.7 (Support open space in underserved areas); and Policy 3.1 (Support development which provides a positive contribution to neighborhood character and identity). Resolution No. 2015 -21 Page 1 of 6 32B -15 The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed subdivision conforms to the minimum requirements, as well as meets the letter and intent of the State of California Subdivision Map Act provisions. Vesting Tentative Tract Map No. 2015 -01 is in keeping with the site plan review for the project as well as Chapters 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the recordation of the final map. The project site is physically suitable for the type and density of the proposed project. There are no physical constraints on the site that preclude development of the site. The proposed site consists of approximately 2.27 acres of land within the Harbor Mixed Use Transit Corridor Specific Plan (SP -2), which is physically suitable for the residential development as proposed. Access to the site will occur from a single point on Harbor Boulevard. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. A proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. A program -level Environmental Impact Report (EIR) was prepared pursuant to the California Environment Quality Act for the new Harbor Mixed Use Transit Corridor Specific Plan that anticipated up to 2,000 residential units being built in the Specific Plan area. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision will not have any detrimental effects upon the general public. The short -term and long- term unavoidable adverse impacts identified in Environmental Impact Report No. 2014 -01 were addressed Resolution No. 2015 -21 Page 2 of 6 32B -16 by the adoption of a Statement of Overriding Considerations by the City Council. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2014 -01 and conditions of approval for the vesting map. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project since there is no public access easement located within this property. E. In accordance with the California Environmental Quality Act (CEQA), the recommended action has been determined to be adequately evaluated in the previously certified EIR No. 2014 -01 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2014 -01 and associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and continue to apply to the proposed project. As required by the MMPR, a traffic impact analysis was performed to analyze any potential changes in area traffic as a result of the proposed development. The study concluded that no additional significant impacts that would trigger the requirement for additional environmental review. F. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Vesting Tentative Tract Map No. 2015 -01 as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated June 22, 2015 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2015 -21 Page 3 of 6 32B -17 ADOPTED this 22nd day of June 2015 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Nalle, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Mill (1) ABSTENTIONS: Commissioners: None (0) James Gartner Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -21 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 22, 2015. Date: Planning Commission Secretary City of Santa Ana 32B -18 Resolution No. 2015 -21 Page 4 of 6 EXHIBIT A Conditions of Approval for Vestina Tentative Tract Map No. 2015 -01 Vesting Tentative Tract Map No. 2015 -01 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. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this vesting tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the vesting tentative tract map. Failure to comply with each and every condition may result in the revocation of the vesting tentative tract map. A. Planning Division 1. The project shall comply with all conditions, standards, requirements, plans, and elevations approved by the Development Review Committee (DRC) for the development project (DP No. 2014 -23). 2. Covenants, Conditions and Restrictions (CC &Rs) for this project must be reviewed and approved by City prior to approval of the final tract map. At a minimum, the CC &Rs shall include provisions pertaining to owner occupancy, restrictions on home -based businesses, the prohibition of storage on balconies, means for securing any publicly - accessible open spaces, and a restriction on truck delivery hours to non -peak periods. 3. The final landscape plan shall depict installation of a perimeter block wall on the project site except in front yard setback areas. The landscape plan shall also contain perimeter block wall construction details, finishes, decorative elements, and accommodation for landscaping to deter graffiti. 4. All real estate signage must be removed from the site within one year from the date of installation. An extension of time may be granted as determined by the Planning Manager. 5. All site activities associated with grading and construction shall be screened by temporary construction fencing. Such fencing shall be secured and contain durable green mesh. 6. Graffiti on any portion of the project site before, during, and after construction shall be removed within 24 hours of first appearance. 7. Should the project be built in phases, any phase shall at all times comply with the standards of the Harbor Mixed Use Transit Corridor Specific Plan. Resolution No. 2015 -21 Page 5 of 6 32B -19 8. The final map must be approved and recorded prior to the sale of the first unit. 9. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 10. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 11. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. 12. Two copies of the recorded final map and CC &Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. 13. Pursuant to Section 66474.9(b) of the Subdivision Map Act, the applicant shall defend, indemnify, and hold harmless the City, and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, any approval of the City concerning this subdivision application, which action is brought within the time period provided for in Section 66499.37. B. Police Department 1. Building and unit addressing must comply with the City's emergency service standards. 2. Prior to submittal into Building plan check, the applicant shall provide a photometric study to the Police Department showing compliance with the 1 footcandle requirement for the project site. Resolution No. 2015 -21 Page 6 of 6 32B -20 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92702 Attention. City Clerk To be recorded without fee. (Space Above This Line For Recorder's Use Only) (Government Code, §§ 6103 and 27363) INCLUS1ONARY HOUSING AGREEMENT THIS INCLUSIONARY HOUSING AGREEMENT is dated as of , 2015, by and between the CITY OF Santa Ana, a charter city and California municipal corporation, and 520 South Harbor, LLC a California limited liability company ( "Developer "), A. The City's Inclusionary Housing Ordinance ( "Ordinance"} became effective on November 28, 2011: B. The City's Ordinance is being reviewed and updated by the City Council. Developer will be able to choose to comply with the Ordinance as it currently reads, or can choose to comply with the Ordinance as revised. If the in -lieu fee described herein is revised due to changes in the Ordinance, this Agreement and any relevant exhibits can be revised without the requirement of subsequent City Council approval C. The Developer is the fee owner of the Property located at 520 S. Harbor Boulevard, Santa Ana, California. D. The Developer desires to, at the Developer's sole cost and expense, develop a thirty -five (35) unit Project on the Property. E. On 2015, the City Council approved Ordinance /Resolution Number _ , which sets forth the City Approvals for the Project. EXHIBIT B Incluslonary Housing Agreement Pagel City of Santa Ana �� �_� February 17, 2015 1 S03 \14 \'1854522.2 F. On 2015, the Santa Ana City Council reviewed and approved an Inclusionary Housing Plan that was prepared by the Developer in accordance with the requirements imposed by the Ordinance and the Administrative Procedures Manual established by the City Council to implement the Ordinance requirements. G. Pursuant to Santa Ana Municipal Code section 41- 1904(c)(2), any application to pay a fee in lieu of constructing some or all of the required inclusionary units for a project comprised of more than twenty residential units shall be subject to the review and approval of the City Council, which may grant such request if substantial evidence supports a finding that the cost of providing inclusionary units on site would substantially exceed the amount of the applicable in -lieu fee, H. This Inclusionary Housing Agreement, when fully executed by the City and the Developer and recorded, is intended to satisfy the requirement that the Developer enter into an Inclusionary Housing Agreement, as set forth in the Ordinance and the conditions to City Approvals. NOW, THEREFORE, in consideration of the mutual promises set forth in this Inclusionary Housing Agreement and other good and valuable consideration; the receipt and sufficiency of which is acknowledged by the City and the Developer, the Parties, agree as follows: DEFINITIONS OF TERMS The following words, terms and phrases are used in this Inclusionary Housing ;Agreement, as follows, unless the particular context of usage of a word, term or phrase requires another interpretation. Administrative Procedures Manual is this administrative procedures manual, which has been prepared by the City for the implementation and enforcement of the Ordinance. A copy of the Administrative Procedures Manual shall be maintained on fife with the City, and shall be provided to the Developer. Affordability Gap is equal to the difference between the Fair Market Value of the Inclusionary Unit and the Affordable Sales Price for the Inclusionary Unit. inclusionary Housing Agreement Page 2 City of Santa Ana February 17, 2015 1603\M1 654522.2 32B-22 Affordable dousing Cost means the maximum costs that can be borne by a Low or Moderate Income Household based on the requirements imposed by HSC Section 50052.5. The calculation methodology is described in the Administrative Procedures Manual, California Health and Safety Code ( "HSC ") provides definitions of household income and affordable housing costs that are used in this Inclusionary Housing Agreement. City means the City of Santa Ana, California. City Approvals are defined as the entitlement approvals and the Inclusionary Housing Plan that must be approved by the City Council prior to the issuance of building permits for the Project. City Council means the City of Santa Ana City Council, City Manager is the City Manager of the City of Santa Ana, Default means the failure of a Party to perform any action or covenant required by this Inclusionary Housing Agreement within the time period provided herein following notice and opportunity to cure, as set forth in Article 3 — Section 1 of this Inclusionary Housing Agreement, Developer means the developer of the residential project that is subject to this Inclusionary Housing Agreement and its successors and assigns. Effective Date means the date on which the Inclusionary Housing Agreement is approved and executed by appropriate authorities of the Developer and the City; and the Inclusionary Housing Agreement is executed by the authorized representatives of the City and delivered to the Developer. Exhibits means the exhibits to this Inclusionary Housing Agreement, which are listed in Article V. Fair Market Value means the value of the Inclusionary Unit under normal circumstances in which the seller and the buyer freely negotiate the terms of the transfer of ownership. The Fair Market Value is estimated based on the assumption that no income or affordability restrictions are placed on the Inclusionary Unit. odusionary Housing Agreement page 3 City of Santa Ana February 17, 2015 1603114116545222 32B-23 Gross Income means all income from whatever source from all adult household members for the previous calendar year as defined in California Code of Regulations Title 25 Housing and Community Development Section 6914. The definition includes the following specific requirements; 1, Except as provided in subdivision (2), all payments from all sources received by the head of household (even if temporarily absent) and each additional member of the household who is not a minor shall be included in the annual income of a household. Gross Income shall include, but not be limited to: a. The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses; b. The net income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business); C. Interest and dividends; d. The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts (but see subdivision (2)(c)); e. Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay. f. Public Assistance. If the public assistance payment includes an amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist of: The amount of the allowance or grant exclusive of the amount specifically designated for shelter and utilities, plus ii. The maximum amount which the public assistance agency could in fact allow for the household for shelter and utilities, Inclusionary Housing Agreement, page 4 City of Santa Ana February 17, 2015 160311411654522.2 32B-24 g Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling; h. All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the household or spouse {but see subdivision (2)(e)). i. Where a household has net assets in excess of $5,000, income shall include the actual amount of income, if any, derived from all of the net household assets or 10 percent (10 %) of the value of all such assets, whichever is greater. For purposes of this section, net households assets means value of equity in real property other than the household's full -time residence, savings, stocks, bonds, and other forms of capital investment. The value of necessary items such as furniture and automobiles shall be excluded. Z The following items shall not be considered as income: a. Casual; sporadic or irregular gifts; b. Amounts which are specifically for or in reimbursement of the cost of medical expenses; C. Lump -sum additions to household assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses; d. Amounts of educational scholarships paid directly to the student or to the educational institution; and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes of which are available for subsistence are to be included in income; e. The special pay to a serviceman head of a household away from home and exposed to hostile fire, f. Relocation payments made pursuant to federal, state, or local relocation law; Inclusibnary Housing Agreement Page City of Santa Ana- February 17, 2615 1893114,16545222 32B-25 g. Foster child care payments; h, The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is in excess of the amount . actually charged the eligible household; i. Payments received pursuant to participation in the following volunteer programs under the ACTION Agency: L National Volunteer Antipoverty Programs which include VISTA, Service Learning Programs and Special Volunteer Programs. ii. National Older American Volunteer Programs for persons aged 60 and over which include Retired Senior Volunteer Programs, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience, Service Corps of Retired Executive (SCORE) and Active Corps of Executives (ACE). HCD means the California Department of Housing and Community Development HUD means the United States Department of Housing and Urban Development. Inclusionary Housing Administrator has the day -to -day . authority for making determinations related to the Ordinance and Administrative Procedures Manual. The Inclusionary Housing Administrator will be appointed by the City Manager. Inclusionary Housing Fund means a separate fund of the City established pursuant to the Housing Opportunity Ordinance of the Santa Ana Municipal Code. The fund was established for the specific purpose of providing the City with funds to assist in the development of housing that is affordable to Low and Moderate Income Households. The allowable uses of Inclusionary Housing Funds, and the related reporting are described in the Administrative Procedures Manual. Inclusionary Housing Plan means an in -lieu fee submitted for approval to the Inclusionary Housing Administrator that details the manner in which the Inclusionary Housing obligations will be fulfilled by the project. The Inclusionary Housing Plan form is presented in the Administrative Procedures Manual. Inclusionary Housing Agreement Page 6 City of Santa Ana February 17, 2015 1 80311 411 654 5 2 2.2 32B-26 In -Lieu Fee refers to a fee that may be paid by a developer in specific circumstances in lieu of providing Inclusionary Units within a project. Orange County Median Income is calculated by HCD using non - aggregated census income data and applying trending factors for metropolitan statistical areas (MSA) throughout the country. The MSA for Santa Ana is Orange County. The current household income information is presented in Attachment I of the Administrative Procedures Manual, Low Income Household refers to households whose incomes meet the standards defined Title 25 of the California Code of Regulations Section 6932, and by the HSC Section 50079,5. The maximum household income amount for Low Income Households shall be the amount published by HCD as adjusted to reflect the household size of the Homebuyer of the Inclusionary Unit. Market Rate Unit means any unit in the project that is not restricted for ownership and occupancy by Eligible Purchaser. Moderate Income Household refers to households whose income meets the standards defined Title 25 of the California Code of Regulations Section 6932, and by the HSC Section 50093. The maximum household income amount for Moderate Income Households shall be the amount published by HCD as adjusted to reflect the household size of the Homebuyer of the Inclusionary Unit, Ordinance means the Housing Opportunity Ordinance adopted by the City Council on November 28, 2011 as it has been amended from time to time, which is codified in the Santa Ana Municipal Code. Party and Parties mean the City and the Developer as parties to this Inclusionary Housing Agreement. Project means the housing project proposed to be developed on the Property at the Developer's sole cost and expense. Property means the real property on which the Project is to be developed, for which the legal description is provided in Exhibit A to this Inclusionary Housing Agreement. Inclusionary Housing Agreement Page 7 City of Santa Ana February 17, 2015 1803\14 \1654522,2 32B-27 PARTIES; REPRESENTATIONS AND WARRANTIES; EFFECTIVE DATE, RECITALS; AND EXHIBITS 1. Parties to the Inclusionary Housing Agreement I -A. City. The City is a charter city and California municipal corporation. The address of the City, for the purposes of this Inclusionary Housing Agreement, is: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92702 Attention: Executive Director, Community Development Agency 1 -B. Developer. The Developer is a California limited liability company. The principal office and address of the Developer, for the purposes of this Inclusionary Housing Agreement, is: 520 South Harbor, LLC 14211 Yorba St., Ste. 200 Tustin, CA 92780 Attn: Todd Cottle II. Developer Representations And Warranties The representations and warranties of the Developer contained in Article 1 — Section II shall be based upon the actual knowledge of the Developer as of the Effective Date, and are true and correct as of the Effective Date. The Developer's liability for misrepresentation or breach of warranty, representation or covenant, wherever contained in this Inclusionary Housing Agreement, shall survive the execution and delivery of the Inclusionary Housing Agreement. The Developer hereby makes the following representations, covenants and warranties, and Developer acknowledges that the execution of this Inclusionary inclusionary Housing Agreement Page 8 City of Santa Aria - February 17, 2015 1603\14\16645212 32B-28 Housing Agreement by the City has been made in material reliance by the City on such covenants, representations and warranties: 11 -A. The Developer is a California limited liability company, lawfully entitled to do business in the State of California and the City. The Developer has the legal right, power and authority to enter into this Inclusionary Housing Agreement and the instruments and documents referenced herein and to consummate the transaction contemplated hereby. The persons executing this Inclusionary Housing Agreement and the 'instruments referenced herein on behalf of the Developer hereby represent and warrant that such persons have the power, right and authority to bind the Developer. 11 -B. The Developer has taken all requisite action and obtained all requisite consents in connection with entering into this Inclusionary Housing Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required for the developer's authorization to enter into 'this Inclusionary Housing Agreement, II -C, Neither the execution of this Inclusionary Housing Agreement nor the consummation of the transactions contemplated hereby shall result in a breach of or constitute a default under any other agreement, document, instrument, or other obligation to which the Developer is a party or by which the Developer may be bound, or under any law;_ statutes ordinance, governmental regulation or any writ, injunction, order or decree of any court or governmental body applicable to the Developer or to the Property. 11 -D: This Inclusionary Housing Agreement is, and all agreements, instruments and documents to be executed by the Developer pursuant to this Inclusionary Housing Agreement shall be duly executed by and are or shall be valid and legally binding upon the Developer and enforceable in accordance with their respective terms. III. Effective Date This Inclusionary Housing Agreement is dated _ , 2015 for reference purposes only. This Inclusionary Housing Agreement shall not go into effect before the Effective Date. Inclusionary Housing Agreement Page 9 City of Santa Ana February 17, 2015 1603 \14 \1654522.2 32B-29 IV. Recitals The Recitals set forth above are true and correct. The Recitals are incorporated into this Inclusionary Housing Agreement in their entirety by this reference; V. Exhibit List The following is a list of the exhibits attached to this Inclusionary Housing Agreement. Each of the exhibits is incorporated by reference into the text of this Inclusionary Housing Agreement. Exhibit A Legal Description of Property Exhibit B Site Map Depicting Property and Zoning Designations Exhibit C Calculations of 1n -Lieu Fee (Inclusionary Housing Plan) ARTICLE 2 INCLUSIONARY HOUSING COVENANTS VI. Developer Compliance with the Ordinance The Developer acknowledges that the City has provided the Developer with copies of the Ordinance and the Administrative Procedures Manual. The Developer is familiar with the requirements of all the foregoing documents and shall ensure that the Project complies with this Inclusionary Housing Agreement and the requirements set forth in all the foregoing documents. VII. In -Lieu Fee On , 2015, the Santa Ana City Council approved Developer's application to pay a fee in lieu of constructing all of the required inclusionary units, based on substantial evidence supporting a finding that the cost of providing inclusionary units on site would substantially exceed the amount of the applicable in -lieu fee. Accordingly, in lieu of providing any Inclusionary Unit specified in the Inclusionary Housing Plan, the Developer shall pay to the City of Santa Ana the sum of Inclusionary Housing Agreement Page 10 City of Santa Ana February 17, 2415 1603114V1654522.2 32B-30 $484,575.00 prior to obtaining the first building permit related to the Project. The final amount of the in -lieu fee is subject to change and will be based upon calculations completed at the time of payment, which must be completed before the issuance of any building permits for the Project. ARTICLE ,3 DEFAULTS AND REMEDIES VUI: Default If either Party defaults with regard to any provision of this Inclusionary Housing Agreement, the non- defaulting Party shall serve written notice of such default upon the defaulting Party. If, after the service of written notice of such default, the defaulting Party does not cure such default within thirty (30) calendar days after service of the notice of default (or, if such cure reasonably takes longer than thirty (30) days, if such cure has not been commenced within the thirty (30) day period and is promptly completed within a reasonable time, not to exceed ninety (90) calendar days), the defaulting Party shall be in Default of the terms of the Inclusionary Housing Agreement, and shall be liable to the other Party for damages caused by such Default. Alternatively, the non - defaulting Party, at its option, may institute an action for specific performance of the terms of this Inclusionary Housing Agreement, IX. Legal Actions In addition to any other rights or remedies; either Party may institute legal action to cure, corrector remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purposes of this Inclusionary Housing Agreement. IX -A. The laws of the State of California shall govern the interpretation and enforcement of this Inclusionary Housing Agreement. IX -B. In the event that any legal action is commenced by the Developer against the City, service of process on the City shall be made by personal service Inclusionary Housing Agreement Page 1.1 City of Santa Ana February 17; 2015 1603\U\1654522.2 32 B -31 upon the City Manager, or in such other manner as may be provided by law. IX -C. In the event that any legal action is commenced by the City against the Developer,, service of process shall be made by personal service on the Developer's designated agent at such address as may be specified in written notice to the City, or in such other manner as may be provided by law, and shall be valid whether made within or without the State of California. X. Rights and Remedies are Cumulative The rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such 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. ARTICLE 4 XI. Notices, Demands and Communications Between the Parties Any and all notices, demands or communications submitted by any Party to another Party pursuant to, or required by, this Inclusionary Housing Agreement shall be proper if in writing and dispatched by messenger for immediate personal delivery, or by registered or certified United States mail, postage prepaid, return receipt requested, to the address of the City and Developer, as applicable, as designated in Article 1 Section I of this Inclusionary Housing Agreement.. Such written notices, demands and communications may be sent in the same manner to such other addresses as either Party may from time -to -time designate as provided in this Section. Any notice, demand or communication shall be deemed to be received by the addressee, on the day that it is personally delivered, if dispatched by messenger, or two (2) calendar days after it is placed in the United States mail. Incluslonary Housing Agreement Page 12 City of Santa Aria February 17, 2015 1608\14 \1654522.2 32B-32 XII. Conflict of Interest No council member, official, contractor, consultant, attorney or employee of the City having any conflict of interest, direct or indirect, related to this Inclusionary Housing Agreement, or in the development of the Property, shall participate in any decision relating to this Inclusionary Housing Agreement. The Parties represent and warrant that they do not have knowledge of any such conflict of interest. XIIL Nonliability of City or City Officials and Employees No council member, official, contractor, consultant, attorney or employee of the City shall be personally liable to the Developer, any voluntary or involuntary successors and assignees, or any lender or other party holding any interest in the Property, in the event of any default or breach by the City, or for any amount which may become due to the Developer or to its successors or assignees, or on any obligations arising under this Inclusionary Housing Agreement, XIV. Indemnification The Developer agrees to indemnify and hold the City, and its officers, employees and agents, harmless from and against all damages, judgments, costs, expenses and fees arising from or related to any act or omission of the Developer in performing its obligations hereunder: The City agrees to indemnify and hold the Developer and its officers, employees and agents, harmless from and against all damages, judgments, costs expenses and fees arising from or related to any act or omission of the City in performing its obligations hereunder. XV. No Waiver Failure to insist upon strict compliance with any of the terms, covenants, conditions and restrictions hereof on any one occasion shall not be deemed a waiver of such term, covenant, condition or restriction. Any waiver or relinquishment of rights or powers hereunder at any one time or more times shall not be deemed a waiver or relinquishment of such other rights or powers at any other time or times. XVI. Jurisdiction and Venue Any legal action or proceeding concerning this Inclusionary Housing Agreement shall be filed and prosecuted in the appropriate State of California court in Inclusionary Housing Agreement Page 13 City of Santa Ana February 17, 2615 1GOIUN1654522.2 32B-33 Orange County, California. Each Party hereto irrevocably consents to the personal jurisdiction of that court. The City and the Developer each hereby expressly waive the benefit of any provision of federal or state law or judicial decision providing for the filing, removal, or change of venue to any other court or jurisdiction, including without implied limitation, federal district court due to any of the following. A. Any diversity of citizenship between the City and the Developer; or B. The fact that the City is a party to such action or proceeding; or C. That a federal question or federal right is involved or alleged to be involved. Without limiting the generality of the foregoing, the Developer and the City specifically waive any rights provided to it pursuant to California Code of Civil Procedure 394, The Developer acknowledges that the provisions of this Article 4 Section XVI are material consideration to the City for Its entry Into this Inclusionary Housing Agreement, in that the City will avoid the potential cost, expense and inconvenience of litigating in a distant forum. XVII. Inspection of Books and Records To enforce its rights under this Inclusionary Housing Agreement, the City shall have the right at all reasonable times, at the City's cost and expense, to inspect the books and records of the Developer pertaining to the Property, Matters discovered by the City shall not be disclosed to third parties unless required by law, or unless otherwise resulting from or related to the pursuit of any remedies orthe assertion of any rights of the City hereunder. XVIII. Successors and Assigns This Inclusionary Housing Agreement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. The Developer may assign this Inclusionary Housing Agreement without the City's consent. XIX. No Third Party Beneficiaries The performance of the City's and the Developer's respective obligations under this Inclusionary Housing Agreement are not intended to benefit any party other than the City or the Developer, except as expressly provided otherwise herein. Inclusionary Housing Agreement Page 14 City of Santa Ana February 17, 2015 1603 \14 \1654522.2 32B-34 No person or entity not a signatory to this Inclusionary Housing Agreement shall have any rights or causes of action against any Party to this Inclusionary Housing Agreement as a result of that Party's performance or non - performance under this Inclusionary Housing Agreement, except as expressly provided otherwise herein. XX. Entire Agreement This Inclusionary Housing Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, This Inclusionary Housing Agreement supersedes all negotiations or previous agreement between the Parties with respect to all or any portion of the Property and the Project thereof. XXI. Recordation The Developer and the City agree to permit recordation of this Inclusionary Housing Agreement or a memorandum of this Inclusionary Housing Agreement, against the Property in the Office of the County Recorder of Orange County, California, XXII. Termination This Inclusionary Housing Agreement shall be effective until all of the following have been completed: Payment has been received and funds deposited in accordance with Article 2, Section VII of this Inclusionary Housing Agreement. IN WITNESS WHEREOF, the Parties hereto have duly executed this Inclusionary Housing Agreement as of the dates set forth below, [Signatures on Following Pages] Inclusionary Housing Agreement Page 1s City of Santa Ana February 17, 2015 16031`!V 654522.2 32B-35 SIGNATURE PAGE TO INCLUSIONARY HOUSING AGREEMENT CITY: CITY OF SANTA ANA ATTEST: A California Municipal Corporation By: MARIA D. HUIZAR Clerk of the Council RECOMMEND APPROVAL: KELLY REENDERS Executive Director Community Development Agency APPROVED AS TO LEGAL FORM: SONIA R. CARVALHO City Attorney Sy: _ �. Lisa Storck Assistant City Attorney DAVID CAVAZOS City Manager Date: RECOMMEND APPROVAL: HASSAN HAGHANI Executive Director Planning & Building Agency Induslonary Housing Agreement Page 16 City of Santa Ana February 17, 2016 1503 \14 \1654522.2 32B-36 SIGNATURE PAGE TO INCLUSIONARY HOUSING AGREEMENT DEVELOPER: 520 SOUTH HARBOR, LLC, a California limited liability company By: Todd R. Cottle, its member Date: Inclusionary Housing Agreement Page 17 City of Santa Ana February 17, 2015 1606 \14,16545222 32B-37 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE NORTH 165.00 FEET OF THE EAST HALF OF THE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA. SAID LAND IS SHOWN ON RECORD OF SURVEY NO. 2014 -1118, AS PER MAP FILED IN BOOK 274, PAGE 41 OF RECORD OF SURVEYS. 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E c d Np jig 4 E �in5a'[[i PP�� i �YE`p 4Sp 4{ �$'y#iR�fS� gI'l ig hT sl I d e E PIl!4krr4RdRdK5d5��9 gp�p�pEpYp {Rp{B55 y�i�-fgS 1� ggry�y@1gr S;f»4(�4� * di €tE@y?PIttN2R�ii5351Pf �RrBtP@ rf�pp Ea 4d1 `�SSypa 'yORfi e$34t ➢i, �] °��ig Inolusionary Housing Agreement City of Santa Ana April 11, 2015 1603 \14\1654522.2 32B-40 I d e E PIl!4krr4RdRdK5d5��9 gp�p�pEpYp {Rp{B55 y�i�-fgS 1� ggry�y@1gr S;f»4(�4� * di €tE@y?PIttN2R�ii5351Pf �RrBtP@ rf�pp Ea 4d1 `�SSypa 'yORfi e$34t ➢i, �] °��ig Inolusionary Housing Agreement City of Santa Ana April 11, 2015 1603 \14\1654522.2 32B-40 Inolusionary Housing Agreement City of Santa Ana April 11, 2015 1603 \14\1654522.2 32B-40 EXHIBIT C CALCULATIONS OF IN -LIEU FEE Inclusionary Housing Agreement City of Santa Ana April 11, 2015 1603\14 \16545222 32B-41 (INCLUSIONAR`( HOUSING PLAN) IN -UEU FEE CALCULATION OWNERSHIP PROl6CTS -15 %MODERATE INCOME WCLUSIONARY REQUIREMENT HOUSING OPPOPTUNtY ORDINANCE SANTA ANA, CALIFORNIA. 1. f tptle, A. Pmlect Name B. Project Addmas II. On -She Iedushminr Renuiremedt A. Required Number of meta unary Units Total Pmlett Oulu im1u316nary Requirement as %all earl Unita Total Inclusurl Requirement (ROuhd: Vp( B, ipdusionary Unit Distribution Twodiedrbom Units Three- bedrdam Unna Four- bedroom Units Tank Total Wiping Area 15gpare Feet). III, gffordabillN one I Unit Calculation TWO-uterpnm Va$s Three -b rproom Units Four- hedraam Units IV. Afforda181N Dan Calculation TWo�be omhm Units three- bedroom U,Rs Foar-bedraom Units Total Affordability Gap 5205. Harbor 5205, Harbor 35 15% 8 Required Nat Total Pooled Indoulanaly prior %ofTOtal unit, s Units' 18 51.43% 3 17 48.57% 3 as 100.00% S 69,307 Restrigod prior Moderate Affordability Gap( Market Prices Incomes .Unit $D $0 $0 $462,500 $370;000 $92,500 $460,000 $368,000 $91,000 Affortlatillita, Induslonary Tetel Afformhuh, Gap /Unit Units Gap $D - $D $91,500 3 $277,50D $92,000 3 $276,000 $553,500 Total In-Lieu Fee' $553,500 Per Tomil Unit $15,800 Per Income Resgleted Unit $92,300 Per Square FootaFTptai BUlldmItArea $9.61 This column must add up to 100%. ° MuIthay the % or Total Unho times the Tatar lnclusione ry Requtremene a Equal to the Impow of the doflned AffotdabloSales Price a 2b38 less than the projected Market pull The Total ImLeu Fee is equal to the Total AftotaaallRy 'Gap. 'r26 5 Harbor: - Inclusionary Unit Requirement: 35 units x 15% - 5.25 units In -Lieu Fee Calculation based on fractional units: $42,300 x 5.25 units = $484,575 4nclusionary Housing Agreement City of Santa Ana April 11, 2015 1603114V1654522.2 32B-42