HomeMy WebLinkAbout25D - AGMT SHEA HOMES 2001 W MACARTHURREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 7, 2017
TITLE:
APPROVE AN INCLUSIONARY HOUSING
AGREEMENT WITH SHEA HOMES
LIMITED PARTNERSHIP FOR A PROJECT
TO BE LOCATED AT 2001 WEST
MACARTHUR BOULEVARD, SANTA ANA,
CALIFORNIA 92704
{STRATEGIC PLAN NO. 5, 3B}
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
,..., FILE NUMBER
MANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute an Inclusionary Housing
Agreement with Shea Homes Limited Partnership, a California Limited Partnership, in an amount
not to exceed $1,727,055, subject to non -substantive changes approved by the City Manager and
City Attorney.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION
At their Regular Meeting on October 25, 2017, by a vote of 4:0 (De Leon, Ramos and Santana
absent), 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 Shea Homes Limited Partnership, a California Limited Partnership, in an amount
not to exceed $1,727,055.
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.
2513-1
Inclusionary Housing Agreement — Shea Homes Limited Partnership
November 7, 2017
Page 2
Shea Homes Limited Partnership, developer of the project located at 2001 W. MacArthur
Boulevard (Exhibit 1), will comply with the Housing Opportunity Ordinance by paying an in -lieu
fee of $15 per habitable square foot in the total approximate amount of $1,727,055. The
developer will pay this fee prior to pulling their first building permit, anticipated in March 2018.
The development, the Artisan at South Coast, will consist of a 42 -unit single-family residential
development within a gated community. The residences will range in size from 2,819 square feet
to 3,038 square feet, will be two stories high, and will contain a minimum of three bedrooms and
four bathrooms. Plan 1 will have a flex space that can be used as either a fourth bedroom or a
den, with the Plan 2 incorporating an "In -Law Suite" into the residences. Four parking spaces will
be provided for each unit, with two spaces in the garage and two spaces in the driveway. The
project will also include 7,053 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 March 2018 and it will take approximately 18 months to complete. The project will
be built in seven phases.
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 $1,727,055 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).
F�obert M. Zurc mied
Interim E irector
Community Development Agency
Exhibits: 1. Location Map
2. Inclusionary Housing Agreement
PPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director Db
Finance and Management Services Agency
25D-2
Exhibit 1- Location Map
25D-3
Exhibit 1 - Location Map
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25D-4
A
Exhibit 2 - Inclusionary Housing Agreement
25D-5
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
FOR PAYMENT OF IN -LIEU FEE
THIS INCLUSIONARY HOUSING AGREEMENT is dated as of November 7,
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 SHEA HOMES LIMITED PARTNERSHIP, 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 Roman Catholic Diocese of Orange is the current fee owner of the
property located at 2001 West MacArthur Boulevard, Santa Ana,
California ("Property"), but the Developer anticipates closing escrow on
the Property in early November 2017.
C. The Developer desires to, at the Developer's sole cost and expense,
develop The Artisan at South Coast, a forty-two (42) unit single family
residential project on the Property ("Project").
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 1
City of Santa Ana
2501-6
D. On October 3, 2017, the City Council adopted Zoning Ordinance
Amendment No. 2017-02 and a Resolution to approve Tentative Tract
Map No. 2017-01, 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.
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.
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.
City means the City of Santa Ana, California.
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 2
City of Santa Ana
25D-7
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 XV111.1 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
circumstances are identified in Section II -A of the Administrative Procedures
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 3
City of Santa Ana
25D-8
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 XVIII.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 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
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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
1-13. 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:
Shea Homes Limited Partnership
2 Ada, Suite 200
Irvine, CA 92618
Attention: Jim Holas
Tel: (949) 526-8836
Fax: (949) 526-8797
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25D-10
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:
II -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.
II -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 (other than the property owner) 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.
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25D-11
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 November 7, 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
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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, the Developer shall pay to the City the
sum of $1,727,055.00, 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.
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25D-13
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 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.
II. 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:
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;
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City of Santa Ana
25D-14
C. Injunctive relief and damages; and
Cl. Civil citations with monetary penalties for violations of the
Inclusionary 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.
111. 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.
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City of Santa Ana
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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.
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.
III. Non -liability 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
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 11
City of Santa Ana
25D-16
which may become due to the Developer or to its successors or assignees, or on
any obligations arising under this Inclusionary Housing Agreement.
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
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
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City of Santa Ana
25D-17
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
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.
VIII. 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.
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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 an encumbrance against title to any portion of the Property.
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City of Santa Ana
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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:
Name:
Its: City Manager
Date:
Attorney
Robert M. Zur Schmiede
Acting Executive Director
Community Development Agency
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 15
City of Santa Ana
25D-20
SIGNATURE PAGE
TO
INCLUSIONARY HOUSING AGREEMENT
SHEA HOMES LIMITED
PARTNERSHIP:
A California Limited Partnership
0
Name:
Its:
Date:
IS
Name:
Its:
Date:
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 16
City of Santa Ana
25D-21
EXHIBIT 1
LEGAL DESCRIPTION OF PROPERTY
Inclusionary Housing Agreement— In -Lieu Fee Payment
City of Santa Ana
25D-22
Exhibit 1 - Legal Description
PARCEL 2, AS SHOWN ON EXHIBIT "B-1 " OF LOT LINE ADJUSTMENT NO. 2002-01,
RECORDED April 16,2002 AS INSTRUMENT NO. 20020317856, OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THOSE PORTIONS AS CONVEYED TO THE CITY OF SANTA
ANA BY DEEDS RECORDED July 8, 2003 AS INSTRUMENT NO. 797924 AND July 18, 2003 AS
INSTRUMENT NO. 855320. BOTH OF OFFICIAL RECORDS. ALSO EXCEPTING
THEREFROM ALL UNDERGROUND WATER, WATER RIGHTS, OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN AND ALL RIGHTS THEREIN,
GEOTHERMAL STEAM. AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR LTNDER THE PROPERTY, TOGETHER WITH
THE PERPETUAL RTGHT OF DRILLING, PUMPING, MINING, EXTRACTING, EXPLORING
AND OPERATING THEREFORE AND STORING IN AND REMOVING THE SAME FROM
THE PROPERTY OR ANY OTHER PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK
OR DIRECTIONALLY DRILL, PUMP AND MINE FROM PROPERTY OTHER THAN THE
PROPERTY, WATER, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR
ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED
OR DIRECTIONALLY DRTLLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH
OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP,
MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS, TUNNELS OR SHAFTS;
PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THE OWNER OF THESE RIGHTS
HAVE THE RIGHT TO DRILL, PUMP, MINE OR EXCAVATE THROUGH THE SURFACE OR
THE UPPER 200 FEET OF THE SUBSURFACE OF THE PROPERTY PROVIDED ALSO
HOWEVER, THERE SHALL BE NO RIGHT TO ENTER UPON THE SURFACE OF THE
PROPERTY, TO DEPRIVE THE PROPERTY OF STRUCTURAL SUPPORT OR OTHERWISE
INTERFERE IN ANY WAY WITH DEVELOPMENT, CONSTRUCTION OR OPERATION OF
THE PROPERTY, AS RESERVED IN DEED RECORDED NOVEMBER 22, 2002 AS
INSTRUMENT NO. 1056537, OF OFFICIAL RECORDS.
APN: 412-541-07
25D-23
EXHIBIT 2
SITE MAP DEPICTING PROPERTY AND ZONING DESIGNATIONS
Inclusionary Housing Agreement— In -Lieu Fee Payment
City of Santa Ana
25D-24
2001 WEST MACARTHUR BOULEVARD
w.0 w rrsrn
i
EXHIBIT 2 -VICINITY ZONING AND ARIEL VIEW
25D-25
W4:11A- w
INCLUSIONARY HOUSING PLAN
Inclusionary Housing Agreement — In -Lieu Fee Payment
City of Santa Ana
25D-26
Planning and Building Agency
` Planning Division
20 Civic Center Plaza
P.O. Box 1988 (M-20)
Santa Ana, CA 92702
(714)647-5804
www.santa-ana.org INCLUSIONARY HOUSING PLAN
OWNER/APPLICANT INFORMATION
Legal Owner Roman Catholic Diocese of Orange(714)
282-3012
Full name of Person, Finn or Corporation
Area Code Phone Number
13280 Chapman Ave.7(
14 ) 457-1157
Mailing Address
Area Code Fax Number
Applicant Shea Homes9(
49 ) 526-8836
Full name of Person, Firm or Corporation
Area Code Phone Number
2 Ada, Suite 200, Irvine, CA 926187(
14 ) 526-8797
Mailing Address
Area Code Fax Number
Contact Person Jim Holas
jim.holas@sheahomes.com
Full name of Person, Finn or Corporation
Email address
2 Ada, Suite 200, Irvine, CA 92618
9( 49 ) 526-88369( 51 ) 235-34199( 49 ) 526-8797
Area Code Phone Number Area Code Mobile Phone Number Area Code Fax Number
PROJECT DESCRIPTION
Project Address: 2001 W. MacArthur Blvd., Santa Ana, CA
Assessor Parcel Number(s): 412-541-07
Total number of units proposed: 42
Number of Rental Units: 0 Number of For Sale units: 42
Number of 15% Inclusionary obligation: 7
Identify the gross livable area of the proposed project (including private balconies,
decks and patios). 115,137 square feet
Will the project be constructed in phases? x Yes No
Is a density bonus being requested? Yes No
CITY APPROVALS (if applicable)
INCLUSIONARY HOUSING PLAN NO. I p (I n
al APPROVE ElG
DENY Date: - �' 1 Signature:
Page 1 of 4
&PlenninglCledcel-Counter FormsW OOappllcadon
1115
25D-27
DP1 6 -2' 4
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 obligation' (With consideration of off-site rehab.)
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 Rental Housing Projects:
Number of
Bedrooms
Unit Size
(Square
Feet)
Number of
Market Rate
Units
Number of
Low Income
Units
Number of
Very -Low
Income
Units
Total
Number
of Units
Percent
of Total
Units
Studio
1
2
3
4
5
Total
1 If the calculation of the number of required inclusionary housing units results in a fraction, the developer has the option to
(a) provide an additional incluslonary housing unit or (b) pay an In -Lieu Fee equal to the percentage represented by the fractional
Inclusionary housing unit multiplied by the applicable In -Lieu Fee
Page 2 of 4
STIanningUedcal-Counter FormslHOOapplicagon
1115
2501-28
Proposed Ownership Housing Projects:
Number of
Bedrooms
Unit Size
(Square
Feet)
Number of
Market Rate
Units
Number of Total
Moderate Number of Percent of
Income Unit Units Total Units
Studio
1
2
3
4
5
Total
Required Exhibits to the Inclusionary Housing Plan
A. [x] Narrative description of the entire project;
B. [x1 Site plan that depicts the entire project (minimum 11" x 17");
C. ❑ Depiction of the location of the inclusionary housing units; and
D. ❑ 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. [x_1 If applicable, provide the In -Lieu Calculation Summary for the project.
Page 3 of 4
SManningUedcal-Counter Fo=s%HOOappliwtlan
1/15
25D-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 a
corporation, partnership, business, etc., as evidenced by separate instrument attached
herewith. I hereby grant to the applicant submitting this form full powerto 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) 17- •,ZLA 7iG at California
Property Owner's Signature Af /=
Property Owner's Printed Name Re. �
APPLICANT'S AFFIDAVIT
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) Dece r 12,201Y at Irvine California
Applicant's Signatwd�j All(
Applicant's Printed Na a da es Holes
Page 4 DF4
SP1=1ng=erk"auMar Forms0100sppgpgon
Ills
2501-30
Shea Homes
Christ our Savior Residential Project
Inclusionary Housing Unit Summary
12/7/2016
Lot#
Plan Type
Elevation
Sq. Ft. Area
1
1
C
2600
2
2
D
2794
3
1X
A
2787
4
2
B
2794
5
2
D
2794
6
2
C
2794
7
1X
B
2787
8
2
A
2794
9
1
B
2600
10
1
D
2600
11
Ix
C
2787
12
2
B
2794
13
1
A
2600
14
1X
D
2787
15
2
A
2794
16
Ix
B
2787
17
2
C
2794
18
1
D
2600
19
2
D
2794
20
1X
C
2787
21
2
A
2794
22
1X
A
2787
23
2
B
2794
24
1X
D
2787
25
2
A
2794
26
1
C
2600
27
2
D
2794
28
2
C
2794
29
1
B
2600
30
1X
A
2787
31
2
B
2794
32
1X
C
2787
33
1
D
2600
34
1
A
2600
35
2
B
2794
36
2
D
2794
37
2
C
2794
38
1
B
2600
39
2
A
2794
40
1X
D
2787
41
2
C
2794
42
1
1 B
J 2600
Total Sq. Ft. Area 115,137
Cost per Sq. Ft. $15.00
Estimated Cost $1,727,055.00
This is an estimated cost based upon preliminary plotting
Note: The IX Is a second story option that Wl be
selected by the future buyers. Sq. Area may change
based upon the selected option.
25D-31
25D-32