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shall substantially conform with the Development Project Application and the plans contained
<br />,therein, which are on file with the City Planning and Building Agency.
<br />SECTION 3. PROPERTY MAINTENANCE ENFORCEMENT BY THE CITY OF
<br />SANTAANA.
<br />A. Ongoing Operational/ Maintenance Conditions Owner, on behalf of itself, its
<br />successors and assigns and any owner of the Property, hereby agrees to maintain and repair the
<br />following elements of the Property and the Project:
<br />1. The Property shall be maintained in conformance with the standards generally applicable
<br />to comparable retail/commercial businesses located within the City. The Development
<br />shall comply with operational conditions of the Santa Ana Municipal Code (SAMC)
<br />applicable during any period(s) of construction or major repair (e.g., proper screening and
<br />securing of the construction site; implementation of proper erosion control, dust control
<br />and noise mitigation measure; adherence to approved project phasing etc.).
<br />2. The Development shall comply with ongoing operational conditions, requirements and
<br />restrictions, as applicable (including but not limited to hours of operation, security
<br />requirements, the proper storage and disposal of trash and debris, and/or restrictions on
<br />certain uses, including uses determined by the Planning Commission in its Resolution
<br />No(s). 2021-19 to be incompatible or inconsistent with any authorized uses; compliance
<br />with applicable State and/or federal statutes and regulations, including but not limited to
<br />compliance with statutes and regulations regarding the appropriate operating guidelines
<br />for certain equipment (e.g., emissions standards, radio frequency emissions standards
<br />etc.).
<br />3. All onsite activities shall comply with the City of Santa Ana Noise Ordinance at all times
<br />4. The Property shall be in ongoing compliance with the approved design and construction
<br />parameters, signage parameters and restrictions as well as landscape designs, as
<br />applicable.
<br />5. Ongoing maintenance, repair and upkeep of the Property and all improvements located
<br />thereupon shall be provided by the Owner (including but not limited to controls on the
<br />proliferation of trash and debris about the Property; the proper and timely removal of
<br />graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or
<br />weathered buildings, structures and/or improvements; the timely maintenance, repair and
<br />upkeep of exterior paint, parking striping, pedestrian pathways/open space areas, lighting
<br />and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom
<br />fixtures, landscaping and related landscape improvements and the like, as applicable).
<br />6. If the applicant and the owner of the property are different (e.g., if the applicant is a tenant
<br />or licensee of the property or any portion thereof), both the applicant and the owner of the
<br />property shall be signatories to the maintenance agreement and both shall be jointly and
<br />severally liable for compliance with its terms. If the applicant is a sub -lessee or sub -
<br />licensee any portion of the property or any equipment located upon the property (e.g., as
<br />would be the case with a wireless carrier seeking to co -locate equipment upon an existing
<br />wireless telecommunication facility), the applicant, the primary lessee/licensee and the
<br />underlying property owner shall all be signatories to the maintenance agreement and shall
<br />all be jointly and severally liable for compliance with its terms.
<br />7. The maintenance agreement shall further provide that any Responsible Party responsible
<br />for complying with its terms shall not assign its ownership interest in the property or any
<br />interest in any lease, sublease, license or sublicense, unless the prospective assignee
<br />agrees in writing to assume all of the duties and obligations and responsibilities set forth
<br />under the maintenance agreement.
<br />8. The surface of the driveways, fire lanes, vehicle parking areas, and public right-of-way
<br />areas adjacent to the Property as depicted on the Property Site Plan shall be maintained in
<br />a good and serviceable condition by the Owner, and shall be kept free of weeds, trash, or
<br />other debris.
<br />9. The removal of solid waste, trash, or other debris from the Property shall be undertaken by
<br />a duly franchised solid waste hauler authorized to provide such services to commercial
<br />properties in the City.
<br />10. The outdoor trash storage enclosure shall screen all trash containers from view.
<br />11. Landscaping for the areas shown on the Property Site Plan shall be continuously
<br />maintained by the Owner as per approved landscape plans in a good condition.
<br />12. Lighting shall be provided in all parking areas, vehicular access ways, and along major
<br />walkways, in accordance with the SAMC and approved by the Planning and Building
<br />Divisions.
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