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HomeMy WebLinkAboutLINE AT SANTA ANA LLC, THE A-2016-022RECORDING REQUESTED BY AND WHEN RECORDED (NAIL TO: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attention. City Cleric To be recorded without fee, (Space Above This line For Recordar`s Use Only) (Government Code, §§ 6103 and 27363) INCLUSIONARY HOUSING AGREEMENT THIS INCLUSIONARY HOUSING AGREEMENT is dated as of February 16, 2016, by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, and The Line at Santa Ana, LLC, a limited liability company ( "Developer "). IBC'-- 411IF -11 A, The City's Housing Opportunity ( "Ordinance ") was originally adopted by the City Council on November 28, 2011 and is codified in Article XVIIIA Section 41 —1900 of the City's Municipal Code. The Ordinance was amended by the City Council on September 1, 2015, in Ordinance No. NS -2881, and on October 6, 2015, in Ordinance No, N8 -2885. B. The Developer is the fee owner of the Property located at 3630 W, Westminster, Santa Ana, California. C, The Developer desires to, at the Developer's sole cost and expense, develop a two hundred and twenty eight (228) unit Project on the Property. D. On January 25, 2016, the Planning Commission adopted a resolution approving Site Plan Review No. 2016 -01, which sets forth the City Approvals for the Project. IIncluslonary Housing Agreement Page 1 City of Santa Ana E. On December 21. 2095, the Program Director, acting on behalf of the City, approved an Inclusionary Housing Plan that was prepared by the Developer in accordance with the requirements imposed by the Ordinance. F. 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 means the regulations promulgated by the Executive Director pursuant to the Ordinance. 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 Program Director prior to the issuance of building permits for the Project. City Council means the City of Santa Ana City Council. 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 I of this Inclusionary Housing Agreement. Developer means the developer of the Project. Induslonary Housing Agreement Page 2 City of Santa Ana RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attention: City Clerk A- 2016 -022 (Government Code, §§ 6103 and 27383) A- 2016 -022 Recorded in Official Records, Orange County Hugh Nguyen, Clerk- Recorder 111111! Illli�lllllllllll���IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�III NO FEE *$ R 0 0 0 8 2 5 6 5 6 9$ 2016000132237 3:31 prn 03129116 227 417 Al2 28 0.00 0.00 0.00 0.00 81.00 0.00 0.00 0.00 INCLUSIONARY HOUSING AGREEMENT THIS INCLUSIONARY HOUSING AGREEMENT is dated as of February 16, 2016, by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, and The Line at Santa Ana, LLC, a limited liability company ( "Developer"). RECITALS A. The City's Housing Opportunity ( "Ordinance ") was originally adopted by the City Council on November 28, 2011 and is codified in Article XVIII.1 Section 41 -- 1900 of the City's Municipal Code, The Ordinance was amended by the City Council on September 1, 2015, in Ordinance No. NS -2881, and on October 6, 2015, in Ordinance No. NS -2885. B. The Developer is the fee owner of the Property located at 3630 W. Westminster, Santa Ana, California. C. The Developer desires to, at.the Developer's sole cost and expense, develop a two hundred and twenty eight (228) unit Project on the Property. D. On January 25, 2016, the Planning Commission adopted a resolution approving Site Plan Review No. 2016 -01, which sets forth the City Approvals for the Project. Inoluslonary Housing Agreement page 1 Clty of Santa Ana i I Effective Date means the date on which this Inclusionary Housing Agreement is approved and executed by appropriate authorities of the Developer and the City; and this Inclusionary Housing Agreement is delivered to the Developer. Executive Director is the Executive Director of the Community Development Agency of the City. The Executive Director, or designee, has the ultimate authority to evaluate appeals submitted in relation to the Administrative Procedures. Exhibits means the exhibits to this Inclusionary Housing Agreement, which are listed in Article 1 - Section V. Inclusionary Housing Fund means a separate fund of the City which is codified in Article XVIII.1 Section 41 -1909 of the City's 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, Inclusionary Housing Plan means a plan submitted for approval to the Program Director that details the manner in which the Inclusionary Housing obligations will be fulfilled by the Project, The Inclusionary Housing Plan is attached as Exhibit 3 to this Inclusionary Housing Agreement, In-Lieu Fee refers to a fee that may be paid by the Property Owner in specific circumstances in lieu of providing Inclusionary Units within a Project, as provided In the Ordinance. Ordinance means the Housing Opportunity Ordinance originally adopted by the City Council on November 28, 2011, and as amended by the City Council on September 1, 2015, in Ordinance No, NS- 2£381, and on October 6, 2015, in Ordinance No. NS -2885, which is codified in Article XVI11.1 Section 41 -1900 et seq, of the City's Municipal Code, Party and Parties mean the City and the Developer as parties to this Inclusionary Housing Agreement. Program Director has the day -to -day authority for making determinations related to the Ordinance and its implementation. The Program Director will be appointed by the Executive Director. _.. _ _ -- IndusianaryHousing Agreement Page 8 Uty of Santa Ana 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, as shown on Exhibit 2 attached to this Inclusionary Housing Agreement, on which the Project is to be developed, for which the legal description is provided in Exhibit 1 to this Inclusionary Housing Agreement. Incluslonary Housing Agreement W Page 4 City of Santa Ana ARTICLE 1 PARTIES; REPRESENTATIONS AND WARRANTIES; EFFECTIVE DATE; RECITALS; AND EXHIBITS L Parties to this Inclusionary Housing Agreement 1 -A, City. The City is a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. The address of the City, for the purposes of this Inclusionary Housing Agreement, is: City of Santa Ana Community Development Agency 20 Civic Center Plaza, M -26 Santa Ana, California 92701 Attention: Program Director Facsimile Number: (714) 647 -6549 I -B. Developer. The Developer is a limited liability company. The principal office and address of the Developer, for the purposes of this Inclusionary Housing Agreement, is: The Line at Santa Ana, LLC 1880 Century Park East, Suite 600 Los Angeles, CA 90067 Attention: Charles Tourtellotte 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 Incluslonary Housing Agreement, shall survive the execution and delivery of this Inclusionary Housing Agreement. Indusionary Housing Agreement Page 5 City of Santa Ana The Developer hereby makes the following representations, covenants and warranties, and Developer acknowledges that the execution of this Inclusionary Housing Agreement by the City has been made in material reliance by the City on such covenants, representations and warranties: II -A. The Developer is a 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 Incluslonary 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. II -B. The Developer has taken all requisite action and obtained all requisite consents In connection with entering into this Incluslonary 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 to the best of the Developer's knowledge, under any law, statute, ordinance, governmental regulation or any writ, injunction, order or decree of any court or governmental body applicable to the Developer or to the Property. II -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 to the best of the Developer's knowledge, are or shall be valid and legally binding upon the Developer and enforceable in accordance with their respective terms. Incluslonary Housing Agreement Page 6 City of Santa Ana Ill. Effective bate This Inclusionary Housing Agreement is dated February 16, 2016 for reference purposes only. This Inclusionary Housing Agreement shall not go Into effect before the Effective Date. 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 1 Legal Description of Property Exhibit 2 Site Map Depicting Property and Zoning Designations Exhibit 3 Inclusionary Housing Plan Incluslonary Housing Agreement _ Page 7 City of Santa Ana ARTICLE 2 INCLUSIONARY HOUSING COVENANTS Developer Compliance with the Ordinance The Developer acknowledges that the City has provided the Developer with copies of the Ordinance. The Developer is famillar with the requirements of the Ordinance and shall ensure that the Project complies in all material respects with this Inclusionary Housing Agreement and the requirements set forth in the Ordinance. II. In -Lieu Fee In lieu of providing any Inclusionary units, the Developer shall pay to the City the sum of $1,221,437.20 prior to obtaining the first building permit related to the Project. Inclusionary Housing Agreement page 8 City of Santa Ana ARTICLE 3 DEFAULTS AND REMEDIES 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 or is not diligently completed within a reasonable time, not to exceed an additional sixty (60) calendar days), the defaulting Party shall be in Default of the terms of this 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. Legal Actions In the event of a breach or potential breach of program requirements, in addition to any other rights or remedies, either Party may institute legal action to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purposes of this Inclusionary Housing Agreement. II -A. The City's actions may include, but are not limited to, the following: The following legal actions: Actions to enforce compliance with the program requirements and to enjoin any actions by the Developer that violate program requirements; Actions to disapprove, revoke or suspend any permit, Including a Building Permit, Certificate of Occupancy or other discretionary approval; C. Injunctive relief and damages; and Inclusionary Housing Agreement Page 9 City of Santa Ana d. Civil citations with monetary penalties for violations of the Incluslonary Housing Agreement. 2. All such restitution shall be made to the City. Any funds received by the City under this provision of this Inclusionary Housing Agreement shall be placed in the City's Inclusionary Housing Fund. II -B. The laws of the State of California shall govern the interpretation and enforcement of this Inclusionary Housing Agreement. II -C. 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 upon the Clerk of the City Council, or in such other manner as may be provided by law. II -D. 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. III. 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. Inclusionary Housing Agreement Rage 10 City of Santa Ana ARTICLE 4 GENERAL PROVISIONS 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. In addition to the submission of notices, demands or communications to the Parties via United States mail, copies of all notices shall also be delivered by facsimile to the facsimile numbers designated in Article 1 — Section I. If. 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. Ill. Non - liability of City or City Officials and Employees No council member, official, contractor, consultant, attorney or employee of the City shalt 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. Inclusionary Housing Agreement Page 11 City of Santa Ana IV. Indemnification The Developer agrees to indemnify and hold the City, and their officers, employees and agents, harmless from and against all damages, judgments, costs, expenses and fees arising from or related to any negligent or wrongful 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 negligent or wrongful act or omission of the City in performing its obligations hereunder. V. 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 riot be deemed a waiver or relinquishment of such other rights or powers at any other time or times. VI. Attorneys' Fees and Costs If either Party hereto files any action, or brings any action or proceeding against the other arising out this Inclusionary Housing Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs, The recovery shall be treated as an element of its costs of the suit, and not as damages. The amount of the recovery shall be fixed by the court in such action or proceeding, or in a separate action or proceeding brought to recover such attorneys' fees and costs. VII. Jurisdiction and Venue Any legal action or proceeding concerning this Indusionary Housing Agreement shall be filed and prosecuted in the appropriate State of California court in 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: Induslonary Housing Agreement _ Pago 12 City of Santa Ana Any diversity of citizenship between the City and the Developer; or 2. The fact that the City is a party to such action or proceeding; or 3. 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 3 — Section VII 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. VIIL 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. IX. 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. 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, or for the enforcement of any provisions of this Agreement, except as expressly provided otherwise herein. X, 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. Induslonary Housing Agreement Page 13 City of Santa Ana XI. Recordation The Developer and the City agree to permit recordation of this Inclusionary Housing Agreement in the Office of the County Recorder of Orange County, California. XII, Termination Upon satisfaction of the requirements detailed herein, this Inclusionary Housing Agreement shall automatically and immediately terminate and shall have no further force and effect. Upon the termination of this Inclusionary Housing Agreement, the Developer shall have no further obligations or liability hereunder. The City and the Developer agree to promptly execute, acknowledge and deliver for recordation any documents that may be necessary to remove this Inclusionary Housing Agreement as encumbrance against title to any portion of the Property. Indusionary Housing Agreement Page 14 City of Santa Ana IN WITNESS WHEREOF, the Parties hereto have duly executed this Inclusionary Housing Agreement as of the dates set forth below. SIGNATURE PAGE TO INCLUSIONARY HOUSING AGREEMENT CITY: CITY OF SANTA ANA A California Charter City and Municipal Corporation Sy: r Name: David Cavazos Its: CitV Manaqer Date: MAR 18 Az,jj iadF City Attorney City of Santa Ana lnduslonary Housing Agreement Page 15 City of Santa Ana CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California) County of Orange) On March 18. 2016 before me, Maria D. Huizar, Notary Public personally appeared David Cavazos who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MARIA n U) 7420 WITNESS my hand and official seal. Commission 8 9974202 ;i Notary Public - California Orange County M Comm. Expires Apr 5, 2018+ Signature (Seal) CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING: ❑ Individual(s) ❑ Corporate ❑ Officers THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: INCLUSIONARY HOUSING AGREEMENT, THE LINE A SANTA ANA NUMBER OF PAGES: DATE OF DOCUMENT: FEBRUARY 16. 2016 SIGNER (S) OTHER THAN NAMED ABOVE: Title(s) ❑ Partner(s) ❑ General Partner of a Limited ❑ Partnership ❑ Attorney -in -Fact ❑ Trustee (s) ❑ Subscribing Witness ❑ Guardian /Conservator ❑ Other: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: INCLUSIONARY HOUSING AGREEMENT, THE LINE A SANTA ANA NUMBER OF PAGES: DATE OF DOCUMENT: FEBRUARY 16. 2016 SIGNER (S) OTHER THAN NAMED ABOVE: SIGNATURE PAGE TO INCLUSIONARY HOUSING AGREEMENT DEVELOPER: The Line at Santa Ana, LLC, a Delaware limited liability company, By: LaTerra Investments II, LLC, a California limited liability company, Its Manager By: LaTerra Development, LLC a California limited liability company, Its Managing Member E `Lauren Boyd Manager Date 2/19/16 Inclusionary Housing City of Santa Ana CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of / ) I Y/t/��[� r On :Z i I /& before me, �Gy /lsny%✓ ww°� �1 / h�nl �i� �' "e' / //�✓� ✓�7 Date Here Insert Name and Title of the Officer personally appeared Z-4,el i0V 4Sek,l l Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the Pon on(sf whose name is sub Ibed to the within instrument and acknowled ed to me that may executed the same in %s er it authorized capacity and that by r signature he instrument the person*k ,, or the entity upon behalf of which the person�K acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. AD RIENNE MCCLELLAN WITNESS h nd and official seal. • ., Commission N 1967317 9 % a a : , Notary Public • California i a � ,r a Signature Los Angeles County Si nature of ota Public My Comm. 19, 2016 g ry Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: �d�ir ✓/Document Number of Pages: 20 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Sig ner(s Signer's Name: �?C/�� (�S VI ) e ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ,individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Z;9 Y�k"W .lid Date: .2 // q/ / eo% Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ ❑ Individual ❑ ney ❑ Trustee Guardiar ❑ Other: Signerl epresenting: in Fact or Conservator L@YAIIEIILIMRO. • • • • • • • :11 • �' :11 . •: •1 EXHIBIT 1 LEGAL DESCRIPTION OF PROPERTY Incluslonary Housing Agreement— Ownership Project City of Santa Ana January 7.016 LA2477117.1 22528810001 EXHIBIT 1 LEGAL DESCRIPTION OF PROPERTY That certain real property situated In the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL 2, OF PARCEL MAP NO, 80.885, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 155 PAGES 25 AND 26 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, Assessor's Parcel Number: 198- 081 -28 NIAY02 -0003 1 D24333 I EXHIBIT 2 SITE MAP DEPICTING PROPERTY AND ZONING DESIGNATIONS Incluslonary Housing Agreement — Ownership projed City of Santa Ana January 2015 LA2477117.1 22526610001 WESTMINSTER I_ 41.r L I il-- c--11 C2 ` SP -2 d SP -2 ji SP -2 il�SP -2 1 a it RI jll LI Garden Grove RI PROJE fTE- 1 € gllL_, R1 P RI V nr Rr qi m mrr<m Q PH 0 PH R_2 _� MI J Pi L x3 A Rl Al & q1 R1 N - 38 xl SP -2 R1 § RI a SP- R2 R2 ♦♦ RI s� R2 s S2- R2 R2 r Rr 1 el Lr RI HAZARD AV. - - Rt Y—p'- I I I IR2 PflfY M d O Ri o R1 PH II �I r E SP- ,�L - SP • R2 1 R2 2 2 R z u R1 Sp- 2 " I ii LJ! ILJ!. qt II R4 -PRD $r- Ir- I� -Ir'I r`1 d li ii it RI II s Ir___ SP-2 SP8 SP -2 d . Al GENERALAGRCULTURALT OR CCYMMERCALRESDENRAL Rl 9NGLE FAMILY R33DEN11AL -B EIRANGMODIRCATION Cf GOVERNMENTCENTER R2 TMEAMILYRSDENCE C'9M CCMMEOALSGUTH MAIN Ml UGHTINDUSIRAL FS MULITR-EDENSTYMULnP-E C1 COMMUNIYCOMMEDAL M2 HEAWINDUSTdAL FAMILYFb7DENCE CI-MD COMM. OCMMBR7AUMUSEJM DISTRCF MO MA- TAWOPERAHONS m SUBUFEANAHARIMENT9 C2 GEtlERALOOMMEDAL 0 OPEN SPACE RE RIB DEdTIALESTATE C3 CANTRALEJSNESS. P PROF6SONAL SD S'H7RCDENfiOFMENT C3-A CENTRALBUINMARISI'MLLAGE FOR PLANNED COMMUNITY DEVELOPMENT 9' SPECRCFIAN Ck PLANNED SHOPPING CENTER FF9 PLANNED HEIDEN HAL DEVE- OPMENT C5 ARIERALCOMMMAL SPR 2016 -01 THE LINE 3630 WESTMINSTER AVENUE — — =500 FEET: T' =1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 2 VICINITY MAP EXHIBIT 8 INCLUSIONARY HOUSING PLAN I noluslonary Housing Agreement— Ownership Project City of Santa Ana January 2015 LA24771171 225288.10001 The Line at Santa Ana, LLC 1880 Century Park Last, Ste, 600, Los Angeles, California 90067 Main (310) 552 -0065 SB (858) 720 -1700 Facsimile (310) 552 -0075 November 20, 2015 Ms. Flatly Soboleske Associate Planner City of Santa Ana 20 C:ivie Center Plaza Santa Ana, California 92702 Re: The Line (DP- 2015 -12, ER- 2015 -27, Master ID 2015- 120032); 3630 W. Westminster Avenue, Santa Ana, CA 92703 Dear Ms. Soboleske, On behalf of The Line at Santa Ana, LLC (the "Applicant ") we enclose the Inclusionary Housing Plan application (the "IHP Application ") for the above referenced project. We understand that the City regards the above referenced project as a "pipeline project" under Section 41 -1910 of the Santa Ana Municipal Code ( "SAMC "), which provides that pipeline projects may comply with the Housing Opportunity Ordinance by paying "an in lieu fee of $9.35 per square foot of habitable space for the entire Project's inclusionary housing obligation." The Applicant understands that the existing IHP Application form has not yet been updated to accommodate recent revisions to the City's Housing Opportunity Ordinance, including amendments to Section 41-1910, and therefore by this letter clarifies that the Applicant's RIP Application proposes an in -lieu fee of $9.35 per square foot of habitable space, pursuant to the option set forth in SAMC Section 41 -1910. Asset forll't in the II-1P Application, the project's total habitable space is 130,635 square feet. The Applicant reserves all rights regarding the consistency of the impositions imposed upon the project pursuant to the Housing Opportunity Ordinance with applicable state and federal law. The Applicant further reserves the right to make modifications to the all? Application or to propose an alternate plan under the Housing Opportunity Ordittanrce. Sincerely, By: The Line At Santa Ana, LLC a Delaware limited liability company, By: Laren -a Investments 11, LLC, a California limited liability company, Its Manager By: LaTerra Development, LLC a California limited liability company, [ts Mana it r, Lauren Boyd, General Counsel Legal Owner-nne Li Vic, 0i :vavd-a Aw, LLC 3( �0) 5 Full name of Person, elm ar Wpplonulon t� Area �CCa le Phm\e Number I "" O� Area Code Fox Number b 1 Melling Address I Applicant � 1"1c - Vlei It 3�) -:k- 00� Full name of Person, Firm or COrporalion Area Code Phone Number a I ��er�r cis Swik� [ebd _ ba a Ilnn Address (?Cone Fax Nutubar Contact Person . t �'- lire ar mm 6 a of Person. F r or Corparellon small ad re e Molly -Tan L�IDt �aL 20t6 3bqn r to.1 ' h 007 Area Coda Phone Number Area Coda Mobile Phonc Numhar Arco Cade Fax Number PROJECT DESCRIPTION Project Address: 2u lJ Vvv�L l vl�lvr _u. Assessor Parcel Number(s): Total number of units proposed: Number of Rental Units: i Number of For sale units: Number of 15% Inciusionary obligation:. Identify the gross livable area of the proposed project (Including private balconies, decks and patios). I1016M' square feet '' Will the project be constructed in phases? __ -Yes No is a density bonds being requested? Yes ✓ No CITY APPROVALS (if applicable) INCLUSIONARY HOUSING PLAN NO, �', r, • . Q (� 9°AAPPROVE ❑ DENY Date: _.k 2- 2't 20 C Signature: Pago t of 4 6tPlnnninp \Clerine4GOUnlar Farms \HOOnppkaaan 1115 HOUSING ALTERNATIVES Select the applicable alternatives to Indicate how the project will comply with the inclusionary housing requirement: on -site construction of Inclusionary units In -lieu fee payment for entire obligatlonl r� in -lieu fee payment for fractional unit Land dedication Note; For development projects with more than 20 units requesting in -lieu fee payment to fulfill their inclusionary obligation, "substantial evidence" that the cost of providing Inclusionary units on site would substantially exceed the amount of the applicable in - lieu fee Is to be provided with this application. Please complete the following table(s) as It applies to your project proposal; proposed Rontal Housing Protects: Number of Unit Size Number of Number of Very -Low Total Percent Number of (Square Market Rate Low income Income Number of Total Bedrooms Feet) Units Units Units of Units Units If the catcuiatlon of the number of required Inclusl000ry hausing units results In a frecdon, the developer has the optien to Incluaovide an addng unitInclu Iona by the applicable itt or hr *uau Fenn -Lieu Fee equal to the percentage represented by the fractional Page 2 of h 9;Pinnninp \Oladoab0ounrpr POrm "IIIOtl"ppllaatlpn We Propasod Uwnershin iiousin. Prc cts: LMBte) er of oms Unit Size (Square Feet Number of Market Rate Units Number of Moderate Income Unit Totat Number of Units Percent of Total Units dio 8 5 Total _ Required Exhibits to the Inciusionary Housing Plan A, ❑ Narrative description of the entire project; B, ❑ Site plan that depicts the entire project (minimum 11" x 17"); C, ❑ Depiction of the location of the inclusienary housing units; and D. C7 If applicable, a phasing plan that provides for the proportionate number of the total inclusionary housing unit requirement to be built within each phase of the project. E. ❑ If applicable, provide the In -Lleu Calculation Summary for the project. I Pago 9 of 4 9:PInnn1ng1C1etico1-COUnler FormAH00OPPI Ian ilia i i Property OWNER'S AFFIDAVIT I hereby certify that I am the legally authorized owner of all property involved In this application or have been empowered to sign as the property owner on behalf of a corporation, partnership, business, etc., as evidenced by separate instrument attached herewith.I hereby grant to the applicant submitting this form full power to sign all documents related to this application, including any conditions or litigation measures as may be deemed necessary. I declare under penalty of perjury that the foregoing is true and correct. Executed on (Date) 11120/15 at Los Angeles, California Property Owner's Signature By: The Line At Santa Ana, LLC a Delaware limited liability company, By: LaTerra Investments II, LLC, a California limited liability company, Its Manager By: LaTerra Development, LLC a California limited liability company, Its Mane _ er Lauren Boyd, General Counsel APPLICANT'S AFFIDAVIT I hereby certify that the statements furnished above and In the attached exhibits represent the data and Information required for this initial evaluation and that the facts, statements and information presented are true and correct to the best of my knowledge and belief. Further, should the stated information be found false or Insufficient, I agree to the return of this form for appropriate revisions, understanding the City of Santa Ana cannot process this form until all applicable Information is corrected or provided by the applicant.I hereby certify that I have been legally authorized by the property owner to present this application and to sign on behalf of all documents related to this application, including any conditions or litigation measures as may be deemed necessary. Note: When the applicant is a corporation, partnership, business, etc., a separate document verifying the authorization to sign for such applicant is required. I declare under penalty of perjury that the foregoing is true and correct. Executed on (Date) 11/20/15 at Los Angeles, California Property Owner's Signature By: The Line At Santa Ana, LLC _.. a Delaware limited liability company, By: LaTerra Investments II, LLC, a California limited liability company, Its Manager By: LaTerra Development, LL a California Iimi y company, Its Managin ember General Counsel Pogo b of h S:Plannln{�Clnrlca4Caunta, r0rn13M0aPPII0d06 7119