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Item 28 - GPA No. 2020-07, AA No. 2020-05 - Westview Housing
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Item 28 - GPA No. 2020-07, AA No. 2020-05 - Westview Housing
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Agenda Packet
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Clerk of the Council
Item #
28
Date
1/19/2021
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Ordinance). <br />(d) On Going Property Maintenance. Prior to the issuance of the first certificate of <br />occupancy, a property maintenance agreement shall be recorded against the property, <br />the agreement must conform to city standards, with the City of Santa Ana a party to <br />Agreement with rights to compel owner to cure. Including provisions that the property <br />and all improvements located thereupon are properly maintained, Owner (and the <br />owner of the property upon which the authorized use and/or authorized improvements <br />are located if different from the applicant) shall execute a maintenance agreement with <br />the City of Santa Ana which shall be recorded against the property and which shall be <br />in a form reasonably satisfactory to the City Attorney. The maintenance agreement <br />shall contain covenants, conditions and restrictions relating to the following: <br />(1) Compliance with operational conditions applicable during any period(s) of <br />construction or major repair (e.g., proper screening and securing of the <br />construction site; implementation of proper erosion control, dust control and <br />noise mitigation measure; adherence to approved project phasing etc.); <br />(2) Compliance with ongoing operational conditions, requirements and <br />restrictions, as applicable (including but not limited to hours of operation, <br />security requirements, the proper storage and disposal of trash and debris, <br />enforcement of the parking management plan, and/or restrictions on certain <br />uses, <br />(3) Ongoing compliance with approved design and construction parameters, <br />signage parameters and restrictions as well as landscape designs, as <br />applicable; <br />(4) Ongoing maintenance, repair and upkeep of the property and all <br />improvements located thereupon at all times (including but not limited to <br />controls on the proliferation of trash and debris about the property; the proper <br />and timely removal of graffiti; the timely maintenance, repair and upkeep of <br />damaged, vandalized and/or weathered buildings, structures and/or <br />improvements; the timely maintenance, repair and upkeep of exterior paint, <br />parking striping, lighting and irrigation fixtures, walls and fencing, publicly <br />accessible bathrooms and bathroom fixtures, landscaping and related <br />landscape improvements and the like, as applicable); <br />(5) If Developer and the owner of the property are different (e.g., if the applicant <br />is a tenant or licensee of the property or any portion thereof), both the <br />applicant and the owner of the property shall be signatories to the maintenance <br />agreement and both shall be jointly and severally liable for compliance with <br />its terms. <br />(6) The maintenance agreement shall further provide that any party responsible <br />for complying with its terms shall not assign its ownership interest in the <br />property or any interest in any lease, sublease, license or sublicense, unless <br />
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