HomeMy WebLinkAbout25B - AGMT - HOUSING M AND A GABAEEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 15, 2017
TITLE:
INCLUSIONARY HOUSING AGREEMENT
WITH M & A GABAEE TO RECEIVE
$717,388.10 (STRATEGIC PLAN NO. 5, 3B)
INTERI IT MANAGE
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an Inclusionary Housing
Agreement with M & A Gabaee, a California Limited Partnership, in an amount not to exceed
$717,388.10, subject to non -substantive changes approved by the City Manager and City
Attorney.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION
At their Regular Meeting on May 24, 2017, the Community Redevelopment and Housing
Commission recommended that the City Council authorize the City Manager and Clerk of the
Council to execute an Inclusionary Housing Agreement with M & A Gabaee, a California Limited
Partnership, in an amount not to exceed $717,388.10 by a vote of 4:0 (De Leon and Garcia
absent).
DISCUSSION
The Housing Opportunity Ordinance ("Ordinance") encourages the development of affordable
housing by requiring the inclusion of affordable units within developments that involve either an
increase in the density otherwise available under applicable zoning and development standards;
a change in land use designation from a zoning regulation that does not permit residential uses to
one that does permit residential uses; or the conversion of rental units to condominium
ownership. This ordinance applied to all projects entitled after November 2011. Developers have
the option to pay an in -lieu fee based on the habitable square foot of the project to satisfy the
Ordinance requirements.
M & A Gabaee, developer of the project located at 421 North Harbor Boulevard (Exhibit 1), will
comply with the Housing Opportunity Ordinance by paying an in -lieu fee of $9.35 per habitable
square foot in the total approximate amount of $717,388.10. Currently, the developer expects to
pay this fee and pull their first building permit in April 2018. This project will be paying $9.35 per
2513-1
Inclusionary Housing Agreement — M & A Gabaee
August 15, 2017
Page 2
habitable square foot instead of $15.00 per square foot because the project is considered a
"Pipeline Project" under the Housing Opportunity Ordinance adopted by City Council in October
2015. A "Pipeline Project" is any project for which an application was submitted and the
application was deemed complete prior to August 4, 2015.
The development is a mixed-use project that will consist of a 4 -story building with 94 studio, one -
and two-bedroom rental units, and 11,000 square feet of commercial retail space along North
Harbor Boulevard, designed around a five -story parking structure. The units will range in size
from 517 to 1,196 square feet. The project will also include 18 percent of the 1.85 acre site
(14,506 square feet) to be dedicated for common open space and recreational areas. The entire
development is market -rate housing. The estimated start date for construction is April 2018 and it
will take approximately 14 — 16 months to complete. The project will be built in one phase.
The developer has been working with staff to complete the documents required by the Housing
Opportunity Ordinance. The Inclusionary Housing Agreement (Exhibit 2) satisfies the inclusionary
housing requirement of the project and is consistent with the standards set forth in the Ordinance.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #3 (Facilitate diverse housing opportunities and support
efforts to preserve and improve the livability of Santa Ana neighborhoods), Strategy B (Ensure
compliance with the City's Housing Opportunity Ordinance by requiring rental and ownership
housing projects that meet specified criteria provide a minimum of 15% affordable units).
FISCAL IMPACT
It is anticipated that funds in the amount of $717,388.10 will be received according to the
Inclusionary Housing Plan which details that the fee is to be paid prior to obtaining the first
building permit related to the project.
Upon receipt, the revenues will be deposited into the Inclusionary Housing Fund revenue account
(no. 41718002-57896).
Robert C. C rte
Deputy City anager
City Manager's Office
Exhibits: 1. Location Map
2. Inclusionary Housing Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez Dp
Executive Director
Finance and Management Services Agency
25B-2
p w
M.F.R.
V M.F.R.
zGOMMEREIAL
w S.F.R.
S.F.R.
Q
p w S.F.R. M.F.R. }
L7 W
O] —y
CO MMERCIAL m
CO MERCIAL
5TH STREET
y�� tis
Pii . s
RC C MM E RCI P L
I
w w
COMMERCI L
-' S.F.R.
� u
z u
o m S.F.R.
`^ w COMMERCIAL
2 Q
2i M.F.R.
O S.F.R.
u Q w
O
S.F.R. w }
a w
z
u� M.F.R. LL � LL w m
o z
V N
S.F.R.
•\
421 NORTH HARBOR BOULEVARD cw
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 1
25B-3
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, California 92701
Attention: City Clerk
To be recorded without fee. (Space Above This Line For Recorder's Use only)
(Government Code, §§ 6103 and 27383)
INCLUSIONARY HOUSING AGREEMENT
THIS INCLUSIONARY HOUSING AGREEMENT is dated as of August 15, 2017,
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 ("City"), and M & A GABAEE, a California limited partnership
("Developer").
RECITALS
A. The City's Housing Opportunity Ordinance ("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 421 North
Harbor Boulevard, Santa Ana, California ("Property").
C. The Developer desires to, at the Developer's sole cost and expense,
develop a ninety-four (94) unit rental apartment project on the Property
("Project").
D. On May 17, 2016, the City Council: approved and adopted the Mitigated
Negative Declaration and Mitigation Monitoring Reporting Program,
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 1
City of Santa Ana
25B-4
Environmental Review No. 2015-09; adopted a resolution approving
General Plan Amendment No. 2016-02; adopted an ordinance approving
Amendment Application No. 2016-02; adopted a resolution approving
Tentative Tract Map No. 2016-02 as conditioned; and, approved the
vacation of excess right-of-way on First Street, which sets forth the City
Approvals for the Project.
E. 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 and the
Administrative Procedures Manual established by the City Council to
implement the Ordinance requirements.
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.
Administrative Procedures Manual is the Affordable Ownership Housing
Administrative Procedures Manual — Developer Requirements dated January
2014, 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 file with the City, and shall be provided to each Developer
of Inclusionary Units.
Indusionary.Housing Agreement -in-Lieu Fee Payment Page 2
City of Santa Ana
25B-5
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.
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 XVI11.1 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. The allowable uses of Inclusionary Housing Funds, and the related
reporting are described in Attachment I of the Administrative Procedures Manual.
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 form is presented in
Attachment B of the Administrative Procedures Manual, and also 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. These
Inclusionary Housing Agreement - in -Lieu Fee Payment Page 3
city of Santa Ana
r
circumstances are identified in Section II -A of the Administrative Procedures
Manual. The In -Lieu Fee calculation worksheet is updated quarterly. The
current Affordable Housing In -Lieu Fee calculation worksheet schedule is
presented in Attachment J of the Administrative Procedures Manual.
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 -2881, and on October 6, 2015, in
Ordinance No. NS -2885, which is codified in Article XVIIL1 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 Administrative Procedures Manual. The Program
Director will be appointed by the Executive Director.
Project means the owner -occupied 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.
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 4
City of Santa Ana
25B-7
ARTICLE 1
PARTIES; REPRESENTATIONS AND WARRANTIES; EFFECTIVE
DATE; RECITALS; AND EXHIBITS
Parties to this Inclusionary Housing Agreement
-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 California limited partnership. The
principal office and address of the Developer, for the purposes of this
Inclusionary Housing Agreement, is:
M & A GABAEE, a California limited partnership
9034 West Sunset Blvd
West Hollywood, CA 90069
Attention: Tom Lao
Tel: (310) 247-0940
Fax: (310) 432-5477
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 5
City of Santa Ana
r
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 this Inclusionary Housing Agreement.
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:
it -A. The Developer is a California limited partnership, 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.
11.8. 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 (other than Developer) 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 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.
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 6
City of Santa Ana
25B-9
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.
III. Effective Date
This Inclusionary Housing Agreement is dated August 15, 2017 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
Inclusionary Housing Agreement - In -Lieu Fee. Payment Page 7
City of Santa Ana.
25B-10
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 and the Administrative Procedures Manual. The
Developer is familiar with the requirements of all the foregoing documents and
shall ensure that the Project complies in all material respects with this
Inclusionary Housing Agreement and the requirements set forth in all the
foregoing documents.
II. In -Lieu Fee
In lieu of providing any Inclusionary Units as may be required under the
Inclusionary Housing Plan, the Developer shall pay to the City the sum of
$717,388.10, as detailed in the Inclusionary Housing Plan attached hereto as
Exhibit 3 and incorporated herein by reference, prior to obtaining the first building
permit related to the Project.
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 8
City of Santa Ana
25B-11
ARTICLE 3
DEFAULTS AND REMEDIES
I. 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 may 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,
It. 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. In the event of a Developer Default, the City's actions may include, but are
not limited to, the following:
1. The following legal actions:
a. Actions to enforce compliance with the program requirements and
to enjoin any actions by the Developer that violate program
requirements;
b. Actions to disapprove, revoke or suspend any permit, including a
Building Permit, Certificate of Occupancy or other discretionary
approval; and,
Inclusionary Housing Agreement - In -Lieu Fee Payment Page g
City of Santa Ana
25B-12
c. Injunctive relief and damages if so determined by competent court
action,
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. Developer may pursue all remedies available at law or in
equity.
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 - In -Lieu Fee Payment Page 10
City of Santa Ana
25B-13
ARTICLE 4
GENERAL PROVISIONS
1. 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.
II. 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 / Non -liability of
Developer Personnel
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
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 11
City of Santa Ana
25B-14
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. Accordingly,
no person, contractor, consultant, attorney or employee of the Developer shall be
personally liable to the City in the event of a breach or Default by Developer.
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
not 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 Inclusionary 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
Inclusionary Housing Agreement - (n -Lieu Fee Payment Page 12
City of Santa Ana
25B-15
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:
Any diversity of citizenship between the City and the Developer; or
The fact that the City is a party to such action or proceeding; or
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.
Vlll. 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
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 13
City of Santa Ana
25B-16
supersedes all negotiations or previous agreement between the Parties with
respect to all or any portion of the Property and the Project thereof.
XI. Recordation
The Developer and the City agree to permit recordation of this Inclusionary
Housing Agreement, against the Property in the Office of the County Recorder of
Orange County, California. The legal description for the Property is provided in
Exhibit 1 to this Inclusionary Housing Agreement.
XII. Termination
Except as set forth elsewhere, this Inclusionary Housing Agreement shall be
terminated after payment of in -lieu fee to City, which shall occur prior to
Developer obtaining its first building permit.
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.
Inciuslonary Housing Agreement - In -Lieu Fee. Payment Page 14
City of Santa Ana
25B-17
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
ATTEST: CITY:
CITY OF SANTA ANA
A California Charter City and Municipal
Corporation
Maria Huizar, Clerk of the Council
By:
Its: Interim City Manager
Date:
LEGAL FORM:
Attorney
RECOMMENDED FOR APPROVAL:
Robert C. Cortez
Acting Executive Director
Community Development Agency
Inclusionary Housing Agreement - In -Lieu Fee Payment page 15
City of Santa Ana
25B-18
SIGNATURE PAGE
TO
INCLUSIONARY HOUSING AGREEMENT
M & A GABAEE:
A California Limited Partnership
M
Name:
Its:
Date:
By: -
Name:
Its:
Date:
I ncluslonary Housing Agreement - In -Lieu Fee Payment Page 16
City of Santa Ana
25B-19
EXHIBIT 1
LEGAL DESCRIPTION OF PROPERTY
. ........ --- ---------
Inclusionary Housing Agreement— In•Lleu Fee Payment
City of Santa Ana
25B-20
LEGAL DESQ
JPT10
The laird referred to herein is situated in the State of California, County of Orange, and described as
follows:
Parcel 1:
All of Lots 10 and 30 and the South 53.00 feet of Lot 29, all in Block A of Tract No. 546, 1n the County of
Orange, State of California, as per map recorded in Book 21, Page 35 of Miscellaneous Maps, Records of
Orange County, California.
Except therefrom all water in and to said Tots 10 and 29, as granted to Mountain Properties inc., by deed
recorded September 7, 1933 in Book 961, Page 275, of Official Records.
Parcel 2:
The South 50.00 feet of that portion of the Southwest quarter of the Southwest quarter of Section 10,
Township 5 South, Range 10 West, San Bernardino base and meridian, described as follows:
Beginning at a point 30.00 feet South and 30.00 feet East from the North corner of said Southwest quarter of
the Southwest quarter of Section 10; thence Bast 225.00 feet; thence South 294.00 feet; thence West 225.00
feet; thence North 294,00 feet to the point of beginning.
Parcel 3:
The South 48,00 feet of Lot 6 and the North 106.00 feet of Lot 29, all in Block A of Tract No. 546, as shown
on a map recorded in Book 21, Page 35 of Miscellaneous Maps, Records of Orange County, California.'
Excepting therefrom the South 59.00 feet of the North 106.00 feet of said Lot 29,
Parcel d;
The North 87.00 feet of Lot 6 in Block A of Traot No. 546, as shown on a map recorded in Book 21, Page 35
of Miscellaneous Maps, Records of Orange county, California.
Parcel 5:
The South 59.00 feet of the North 106A0 feet of Lot 29 in Block A of Tract No. 546; as shown, on a map
recorded is Book 21, Page 35 ofIv soellaneous Maps, Records of Orange County, California.
Parcel 6:
That portion of the Southwest quarter of the Southwest quartet of Section l0, Township 5 South, Range 10
West, in the Rancho Las Bolsas, as shown on map recorded in Book 51, Page 12 of Miscellaneous Maps,
Records of Orange County, California, described as follows:
Beginning at apoint 30.00 feet South and 30.00 feet Last of the Northwest corner of the Southwest quarter of
the Southwest quarter of said Section 10, said point of beginning being also the Southeast corner of the
intersection of West Fifth Street and Buaro Road; thence Fact 225.00 feet; thence South 294.00 feet; thence
West 225.00 feet; thence North 294,00 feet to the point of beginning.
File Number: 422962
25B-21
Page i of t4
Excepting therefrom the South $0.00 feet.
Also excepting therefrom that portion described in deed to the city of Santa Gina Recorded June 9, 1991 in
Book 14091, Page 1670, of Official Records of said Orange County.
(End of Legal Description)
Pile Numbcr: 422962
25B-22
Page 4 of 14
EXHIBIT 2
SITE MAP DEPICTING PROPERTY AND ZONING DESIGNATIONS
Inclusionary Housing Agreement— In -Lieu Fae Payment
City of Santa Ana
25B-23
rv. xAaxoxaomEVMD
Wo" 7!-
.9417 Tit
�i1J E it
3 1
20
$I
In? z��141 III
( 2
p4El
Itl 11 ii
' "�`• 1 �' I I 9 i I i
it
! _ h N HQfl�AGAIIRR�CL�+n•r.u,,,,t'1��;
��t c
i g
6aE s x
A
i(
€;F s��� �� nooa000n�Ll at dQo4 FeY����I'6y[1°$`Se
['Ri'!
5 d�liigpE
ORAPARTMENTS
Op
R .
`.� y°''.4'^,. ,y Bi•�( lor
HARBApARTk7MGNT5
con i.• `A M.MMd00.00LM1EVMO
rPt IFEIIWNARY ORAOIN6,DWNAOE 41RNiYPW1 i�
25B-24
afI
°iju sad qui '�q;Q§ �xi� crt�a,F ����e
lW 5S'€j 9fW Vtl,8
HkRBCRAPMWENT$
Re:mm�r �a mw
O
:3R>
M...y
R
ytiiapti
E
of§§�j�j3�j�j
x'
3
y
�;551
t�F§
�.�E
SE}��
7
Ci
i34.
jEji
PP
el
P
x
pY%{n%xs..
is
3
3
4
�y tpGGG
iB
d
MI
��;
t$
$C[
i
649
a2
0(
�
$
Et.
i
I
yRspp`p
3
y
L]
a
•.Y
_
g
'3'�
Pn
i
e.p
Wig—
:3R>
M...y
�s
ytiiapti
of§§�j�j3�j�j
Y??�pAf:
t�F§
b
e
P
x
pY%{n%xs..
is
3
3
4
�y tpGGG
iB
d
MI
��;
t$
$C[
i
649
a2
0(
�
$
Et.
`dTy
NA
]
3
L]
a
•.Y
L
g
'3'�
Pn
oa'yar:
e.p
Wig—
flFn�
o �A i °•
C
s:d� tl
f
a'N otW BNa
$ansa AaB. LT 921tl]
25B-25
gg asT.'.d4vav p¢I IBM
Gc NG:tlC9 eestl 4�
TSAI ARCHITECTURE
3
$C[
i
649
a2
0(
�
$
Et.
`dTy
NA
]
3
L]
a
•.Y
L
g
'3'�
Pn
oa'yar:
e.p
o �A i °•
C
s:d� tl
f
a'N otW BNa
$ansa AaB. LT 921tl]
25B-25
gg asT.'.d4vav p¢I IBM
Gc NG:tlC9 eestl 4�
TSAI ARCHITECTURE
EXHIBIT 3
INCLUSIONARY HOUSING PLAN
Inclusionary Housing Agreement — In -Lieu Fee Payment
City of Santa Ana
25B-26
Planning and Building Agency
Planning Division
I 20 Civic Center Plaza
P.O. Box 1988(M-20)
Banta Ana, CA 92702
(714) 847.8804
www.santa.ana.arg INCLUSIONARY HOUSING PLAN
OWNER/APPLICANT INFORMATION
Legal Owner M&A Gabaee3{
10 }
247-0900
Full Name of Person, Firm or Corporation
Area Code
Phone: Number
9034 West Sunset Blvd
(310
247-1525
Mailing Address
Area Cade
Fax Number
Applicant Tom Lao
( 3101432-5477
Full Name of Person, Firm or Corporation
Area Code
Phone Number
9034 West Sunset Blvd
(��
same as above
Moiling Address
Area Code
FaxNumber
Contact Person Same as Above
Full Name of Person, Finn or Corporation
Email address
Mailing Address
�. 8( 7.$... j 620-0476
- -
Area Code Phone Numbs, Area Code Mobile Phone Number
Area
Area Code
Fax Number
PROJECT DESCRIPTION
Project Address: 021 North Harbor Blvd
Assessor Parcel Number(s): 198-182-36
Total Number of Units Proposed: 94
Number of Affordable Housing Units Required:
15% Inclusionary Housing Obligation for Low -Income Households (Ownershini,
15% Inclusionary Housing Obligation for Low-income Households (Rental):._
10% Inclusionary Housing Obligation for Very Low -Income Households (Rental only): _
Number of Rental Units: _ 94 Number of For -Sale Units:
Identify the Gross Habitable Area of the Proposed Project': 76,726 square feet
Will the Project be Constructed in Phases? Yes x No
Is a Density Bonus or Concessions being Requested? Yes x No
CITY APPROVALS (if applicable)
®ZPPROVE ❑ DENY
(� ,
Signature: I itak ' ` Date: _
INCLUSIONARY HOUSING PLAN NO.
I This calculation is measured from the exterior well of resldanlial nuts and does net Include exterior hallways, common areas,
landscape, open space or exterior stairways.
Page 1 of 4
s:PlsnninglCladca4Countar Forma9looeppllwoon
lilts
25B-27
OPTIONS TO SATISFY INCLUSIONARY REQUIREMENTS
Select the applicable option to indicate how the project will comply with the inclusionary housing
requirement:
Option # 1.
On -Site Construction of Incluslonary Units (15% Low-income)
Option # 2.
On -Site Construction of Inclusionary Units (10% Very Low Income)
Option # 3.
Off -Site Construction of New Inclusionary Units
Option # 4.
Off -Site Rehabilitation of Incluslonary Units Within a Designated
Target Area'
Option # 6.
Off -Site Rehabilitation of Inclusionary Units Outside a
Designated Target Area'
Option # 6.x_
_ In -Lieu Fee Payment for Entire Obligatlon°
Option # 7.
In -Lieu Fee Payment for Fractional Unit
Fee Schedule for In -I kW.RFee Payment
_Total Number of Residential Units.
Fee Per S uare Feot�e of Habitable S ace
5 units to 20 units55.00!
SF
More than 20 units
$15.001 SF
Pipeline Projects
_
19,351 SF
Estimated In Lieu Fee Calculatiom
76 / 726,__- SF (Total Habitable Space) X $_9, 3_5 Fee/SF = $717, 1", 11 Total In -Lieu Fee
Location of the Inclusionary Units Standards
The Housing Opportunity Ordinance provides the following standards for the Inclusionary Units
location within the Project in relationship to non -Inclusionary Units. All inclusionary Units shall
be:
(1) Reasonably dispersed throughout the Residential Project;
(2) Proportional, in number of bedrooms, gross floor area of habitable space, and location to
the market rate units;
(3) Comparable to the market rate units included in the Residential Project in terms of
design, materials, finished quality and appearance; and
(4) Permitted the same access to project amenities and recreational facilities, as are market
rate units.
2 The Developer mays ilf3fy the Inclusionary Unit requirements for the Project, in whola or In part by substantialty rahabllltating
existing housing units within the Designated Target Areas at a rate of i habitable square foot per each required habitable square
toot of affordable Inclusionary Units.
' The Developer may satisfy the salu fixtary Unit requirement for the Project. In whole or In part by substentiallyrehabilitating
existing housing units outside of the Designated Target Areas within the bordera of the City of Santa Ana at a rate of I &habitable
square fast per each required hablebla square foot of Inclusionary Units.
4 If the calculatlan of the number of required inetusionary hn toing units results in a trochee, the developer has the option to
(a) provide an additional Incluslonary housing unit or (bi pay an In -Lieu Faa equal to the percentage represented by the heatonal
Incluslonary housing unit multiplied by the applicable ImLlou Fee.
5 A pipeline project Is a project application that was submitted and deemed complete prior to August 4, 2015,
Page 2 of 4
S:PIaoninglClertaa6Countar Formsgt00epplicallon
11!15
25B-28
Please complete the following table as it applies to your project proposal, as applicable:
The following are submittal requirements for your proposed Inolusionary Housing Plan:
A. ❑ Project Description (see Site Plan Review application). Include a description of
proposed off-site construction or rehabilitation if applicable
B. Legal Description of the Project V6#3uw Six crq
C. ❑ Site plan of the entire project detailing the location of proposed inclusionary
housing units (minimum size 11" x 17")
D. ❑ If applicable, a phasing plan that provides for the proportionate number of the
total incluslonary housing unit requirement to be built within each phase of the
project g'
E. Application Fee
Page 3 of 4
S:Pfenninq\BleAcerCovnlar FO'M.Woonpp11C311on
lilts
25B-29
# of Units
f of Units
Bedroom
Unit Size
Number of
Affordable to
Very Low-
Affordable
Total
percentof
Size
(Habitable
Market Rate
Income
Low-income
Number of
Total Units
Square Feet)
Units
Households
Households
Units
_ 6O% AMI)_..
(ggaA RMI)
Studio
1
2
4
Total
The following are submittal requirements for your proposed Inolusionary Housing Plan:
A. ❑ Project Description (see Site Plan Review application). Include a description of
proposed off-site construction or rehabilitation if applicable
B. Legal Description of the Project V6#3uw Six crq
C. ❑ Site plan of the entire project detailing the location of proposed inclusionary
housing units (minimum size 11" x 17")
D. ❑ If applicable, a phasing plan that provides for the proportionate number of the
total incluslonary housing unit requirement to be built within each phase of the
project g'
E. Application Fee
Page 3 of 4
S:Pfenninq\BleAcerCovnlar FO'M.Woonpp11C311on
lilts
25B-29
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 corporation, partnership,
business, etc., as evidenced by separate Instrument attached herewith. I hereby grant to the
applicant submitting this form full power to sign alldocuments related to this application,
sures
including any conditions or litigation meaas rt be deemed necessary,
I declare under penalty of perjury that the foreg i 1 i 66 and correct.
Executed on (Date) June za, zoiset s An ele California
Property Owner's Signature
Property Owner's Printed Name Arman Gabay
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 that 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) June 2 at Los Angeles California
Applicant's Signature
Applicant's Printed Name p n Lao
Page 4 of 4
S;PldnninpiClc�iaal•Oounle� FormMQOappftauoo
11119
25B-30