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Item 23 - Density Bonus Agreement No. 2023-01: 4th and Grand (1212 E. Fourth Street)
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Item 23 - Density Bonus Agreement No. 2023-01: 4th and Grand (1212 E. Fourth Street)
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10/11/2023 4:17:12 PM
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Agenda Packet
Agency
Planning & Building
Item #
23
Date
10/17/2023
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conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal, <br />state, and local laws, rules, and regulations. The Project shall at all times during the term of this <br />Agreement be used as a rental housing complex and none of the Affordable Units in the Project, <br />nor shall the Property or any portion thereof, ever be used as a hotel, motel, dormitory, fraternity <br />or sorority house, rooming house, hospital, nursing home, sanitarium or rest home, or be converted <br />to condominium ownership. All of the community facilities and any social programs provided to <br />the Project's residents shall be available on an equal, nondiscriminatory basis to residents of all <br />Units at the Project. <br />4.6 Maintenance. Developer shall, at all times during the term of this Agreement, cause <br />the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of <br />cause of the disrepair. Owner shall be fully and solely responsible for costs of maintenance, repair, <br />addition and improvements. City, and any of its employees, agents, contractors or designees shall <br />have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect <br />the Project, after providing notice as follows: (i) at least a 24-hour notice to Developer and Tenants <br />of the Affordable Unit which will be inspected, or (ii) at least 48 hours' notice to Developer, which <br />shall promptly give notice to Tenants of the Affordable Unit to be inspected. <br />4.7 Affordable Rental Lease Agreement. Developer shall prepare and obtain City's <br />approval, which approval shall not be unreasonably withheld, conditioned or delayed, of a rental <br />lease agreement for the Affordable Unit ("Affordable Unit Lease Agreement") for the Affordable <br />Unit. All Affordable Unit Lease Agreements must 1) identify the names and ages of all members <br />of the household who will occupy the Affordable Unit; and 2) state that the Household's right to <br />occupy the Affordable Unit is subject to compliance with the Median Income requirements, <br />adjusted for family size appropriate to the unit, as periodically published by HCD. All Affordable <br />Unit Lease Agreements must be consistent with the terms contained in this Density Bonus <br />Agreement. <br />4.8 Selection of Tenants. <br />4.8.1 Developer shall be responsible for the selection of tenants for the Affordable <br />Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. <br />4.8.2 Local preference for Santa Ana residents and workers in tenant selection for <br />the Affordable Units shall be a requirement of the Project. Subject to applicable laws and <br />regulations governing nondiscrimination and preferences in housing occupancy required by the <br />State of California, the Developer shall give preference in leasing the Affordable Units to <br />households that live and/or work in the City of Santa Ana or who have an active Housing Choice <br />Voucher issued by the Housing Authority of the City of Santa Ana or any other Public Housing <br />Authority. <br />4.8.3 All applicants will be screened and "lotterized." A waiting list will be <br />created from a lottery generated from the initial pool of rental applications. The waiting list will <br />track applicant name and contact information, lottery number (or designated number after the <br />initial lottery), household income, household size, status of application, and any other information <br />I <br />
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