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Item 19 - Density Bonus Agreement No. 2024-02 Property Located at 510 and 520 N. Harbor
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Item 19 - Density Bonus Agreement No. 2024-02 Property Located at 510 and 520 N. Harbor
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5/1/2025 3:22:40 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
19
Date
5/6/2025
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CITY COUNCIL DRAFT <br />pursuant to this Section 4.6 shall not be unreasonably conditioned, withheld, or delayed. City shall <br />have thirty (30) days to review a request to approve a proposed Homebuyer. <br />4.7 Selection of Homebuyers. <br />4.7.1 Developer shall be responsible for the selection of Homebuyers for the <br />Affordable Units in compliance with lawful and reasonable criteria and the requirements of this <br />Agreement. <br />4.7.2 In selecting Homebuyers for the Affordable Units, Developer shall apply a <br />preference for Santa Ana residents and workers to the extent permissible by law. Subject to <br />applicable laws and regulations governing nondiscrimination and preferences in housing <br />occupancy required by the State of California, the Developer shall give preference in purchasing <br />the Affordable Units to households that live and/or work in the City of Santa Ana or who have an <br />active Housing Choice Voucher issued by the Housing Authority of the City of Santa Ana or any <br />other Public Housing Authority. <br />4.7.3 Qualified applicants for Affordable Units will be screened and "lotterized." <br />A waiting list will be created from a lottery generated from the initial pool of qualified homebuyer <br />applications. The waiting list will track applicant name and contact information, lottery number <br />(or designated number after the initial lottery), household income, household size, status of <br />application, and any other information deemed necessary. The waiting list will be maintained as <br />an electronic file and available for audit by the City of Santa Ana in accordance with resident <br />selection procedures as set forth herein. <br />4.7.4 Prior to the sale of an Affordable Unit, Developer shall require the <br />Homebuyer to execute a written purchase sale agreement substantially similar to the Form PSA, <br />and a written certification from the Homebuyer verifying compliance with the requirements for an <br />Eligible Household and all other eligibility requirements established for the Affordable Unit. <br />Developer shall verify the income of the Homebuyer as set forth herein. <br />4.8 Income Verification and Certification. Developer shall verify income of <br />prospective Homebuyers and certify the verification to the City; provided, however, that <br />Developer shall not be liable for any fraud or mistake in performing its duties pursuant to this <br />Section 4.8. In evaluating prospective Homebuyers, Developer shall consider the following <br />sources of income in order of preference: (i) employment income; (ii) business income; (iii) <br />income from Social Security, Supplemental Security Income (SSI), welfare, disability, or pension <br />payments; and (iv) alimony or child support. To verify income, Developer shall comply with the <br />procedures set forth in Section A-3 of the Administrative Procedures Manual. Subject to the <br />foregoing preferences, Developer shall consider Gross Household Income from all adult <br />Household members, which is anticipated to be received during the 12-month period following the <br />date of the determination of Gross Household Income. Within fifteen (15) days of delivery of an <br />executed contract for purchase of an Affordable Unit by a prospective Homebuyer, Developer <br />shall provide City with the Income Verification Form set forth in Exhibit F and the Certification <br />of Continuing Occupancy set forth in Exhibit G. <br />4.9 DELETED <br />Page 16 <br />5 53 94.0010 1 \43721567.2 <br />
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