HomeMy WebLinkAboutSUNFLOWER OWNER, LLC.�qL� INSURANCE NOT REQUIRED
�h WORK MAY PROCEED
�Tr-. CLERK OF COUNCIL
� n
0• Cnfl (�j)CS011 ECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, California 92701
Attention: City Clerk
A-2020-191-01
To be recorded without fee. (Space Above This Line For Recorders Use Only)
(Government Code, §§ 6103 and 27383)
INCLUSIONARY HOUSING AGREEMENT
FOR PAYMENT OF IN -LIEU FEE
THIS INCLUSIONARY HOUSING AGREEMENT is dated as of
2020, 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 RAR2-651 SUNFLOWER OWNER, LLC, a Delaware
limited liability company ("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, by
Ordinance No. NS-2881, on October 6, 2015, by Ordinance No. NS-2885,
and on September 1, 2020 (Ordinance No. NS-2994).
B. Developer is the fee owner of the property located at 651 West Sunflower,
Santa Ana, California ("Property").
C. The Developer desires to, at the Developer's sole cost and expense,
develop the Legacy at Sunflower, a two -hundred and twenty-six (226) unit
residential project on the Property ("Project").
D. On May 13, 2019, the Planning Commission adopted Resolution No.
2019-01 to approve Mitigated Negative Declaration, Environmental
Review No. 2018-75, General Plan Amendment No. 2019-01, and
Amendment Application No. 2019-01, 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
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 1
City of Santa Ana
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 then 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
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
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 2
Clty of Santa Ana
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 XVIIIA 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. The Inclusionary
Housing Plan submitted by Developer is attached hereto as Exhibit 3 to this
Inclusionary Housing Agreement.
In -Lieu Fee refers to a fee that may be paid by the Developer in specific
circumstances in lieu of providing Inclusionary Units within a Project. These
circumstances are identified in Section II -A of the Administrative Procedures
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, by Ordinance No. NS-2881, on October 6, 2015, by
Ordinance No. NS-2885, and on September 1, 2020 (Ordinance No. NS-2994),
which is codified in Article XVIIIA 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.
Indusionary Housing Agreement - In -Lieu Fee Payment Page 3
City of Santa Ana
Project means the 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
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
-B. Developer. The Developer is a Delaware limited liability company. The
principal office and address of the Developer, for the purposes of this
Inclusionary Housing Agreement, is:
RAR2-651 SUNFLOWER OWNER, LLC, a Delaware
limited liability company
c/o RREEF
222 S. Riverside Plaza, 30 Floor
Chicago, Illinois 60606-5808
Attention: Strategic Business Services
With a copy to:
Legacy Partners
5141 California Ave, Ste. 100
Irvine, CA 92617
Attention: Tim O'Brien
Tel: (949) 930-7700
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 5
City of Santa Ana
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 Delaware 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 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.
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
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 6
City of Santa Ana
binding upon the Developer and enforceable in accordance with their
respective terms.
III. Effective Date
This Inclusionary Housing Agreement is dated 2020, 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
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 7
City of Santa Ana
ARTICLE 2
INCLUSIONARY HOUSING COVENANTS
I. 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 nine -hundred and twenty two thousand, eight hundred dollars
922 800 , as detailed in the Inclusionary Housing Plan attached hereto as
Exhibit 3, prior to obtaining the first building permit related to the Project.
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 8
City of Santa Ana
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;
C. Injunctive relief and damages; or,
Civil citations with monetary penalties for violations of the
Inclusionary Housing Agreement.
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 9
City of Santa Ana
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.
Ill. 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.
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 10
City of Santa Ana ,
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
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
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 11
City of Santa Ana
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
jurisdiction, including without implied limitation, federal district court due to any of
the following:
1. 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 -Lieu Fee Payment Page 12
City of Santa Ana
Inclusionary Housing Agreement, in that the City will avoid the potential cost,
expense and inconvenience of litigating in a distant forum.
Vill. 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.
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.
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 13
City of Santa Ana
SIGNATURE PAGE
TO
INCLUSIONARY HOUSING AGREEMENT
IN WITNESS WHEREOF, the Parties hereto have duly executed this
Inclusionary Housing Agreement as of the dates set forth below.
ATTEST:
CITY:
CITY OF SANTA ANA
A California Charter City and Municipal
Corporation
4lDaisy Gomez
erk of the Council
Kr tine Ri ge
City Manager
APPROVED AS TO LEGAL FORM:
By:
Rya�p. Hodge
AssiVant City Attorney
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
Incluslonary Housing Agreement - In -Lieu Fee Payment Page 14
City of Santa Ana
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document, to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On October 5, 2020 before me Yesenia Cruz, Notary Public
(insert name and title of the officer)
personally appeared Kristine Ride who proved to me on the basis of satisfactory evidence to be
the personfzl-whose name ismsubscribed tot. a within instrument and acknowledged to me
that �he/tl 6 executed the same in Wher/t r authorized capacity( nd that byj�gfher/ fir
signatureks)'on the instrument the persorD(a -or the entity upon behalf of which the person -acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
YESENIACRIIZ
Notary public - California
Orange County 9
a Commission M 2243542
My Comm. Expires May 21, 202Z y
(Seal)
SIGNATURE PAGE
TO
INCLUSIONARY HOUSING AGREEMENT
RAR2-651 SUNFLOWER OWNER LLC,
a Delaware limited liability company
By:
Name: .1-" r-s s >t i 614—
Its: A-" n m M 2 9-n 944 iv-s"T-
Date:
Inclusionary Housing Agreement - In -Lieu Fee Payment
City of Santa Ana
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
RCM�AY�-F`C.4�C.(�lC.C�".F�.CM.Fr.4`OX-�^F`f`l�^h^O'4lUl�*aF—YY�O['-1C
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On September 16th 2020 before me, Krisztian Nagy , Notary Public,
Date Here Insert Name and Title of the Officer
personally appeared
of SignerjX
who proved to me on the basis of satisfactory evidence to be the person(4 whose name(z) is/aA
subscribed to the within instrument and acknowledged to me that he/qxe/toby executed the same in
his/tir/t�eir authorized capacity(iKs), and that by his/h /tt signature() on the instrument the person(),
or the entity upon behalf of which the person(A acte executed the instrument.
- PubIAN CN AGY
Notary Public -California
C
Los Angeles County +
Commission 9 2267940
My Comm. Expires Nov 20, 2OZZ
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Incluslonary Housing... Document Date: 9/16/2020
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: James Sattler
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual❑ ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
EXHIBIT 1
LEGAL DESCRIPTION OF PROPERTY
Inclusionary Housing Agreement —I n-LIeU Fee Payment
City of Santa Ana
Order No; 09191948-917-BLB-KRE
EXHIBIT "A"
All that certain real property situated in the County of Orange, State of Cali fornin, described is Follows:
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 10 WEST, 1N
THE LAND ALLOTTED TO JAMES MCFADDEN, IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE
SANTA ANA, RECORDED IN BOOK B OF .JUDGMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF
CALIFORNIA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED RECORDED .JULY 5,1966
IN BOOK 7979 PAGE 94G OF OFFICIAL RECORDS, OF SAID ORANGE COUNTY;
THENCE ALONG THE SOUTH LINE OF SAID LAND, NORTH 89140'39" WEST 600.00 PEST TO THE EAST LINE
OF THE LAND DESCRIBED IN THE DEED RECORDED OCTOBER 29, 1953 IN BOOK2604, PAGE 17 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY;
THENCE ALONG SAID EAST LINE SOUTH 0.40' 10" WEST 260,54 FEET TO A LINE THAT IS PARALLEL WITH
AND DISTANT NORTHERLY 40.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID
NORTHEAST QUARTER:
THENCE ALONG SAID PARALLEL LINE, SOUTH 89040'33" EAST, 600.00 FEET;
THENCE NORTH 0940' 10" EAST 260.54 FEET TO THE POINT OF .BEGINNING.
SAID LAND IS SHOWN ON A MAP FILED IN B,_I9„9,PAGE 24 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
Assessor's Parcel Number: 410-:I11-02
Dp'8-19
EXHIBIT 2
SITE MAP DEPICTING PROPERTY AND ZONING DESIGNATIONS
Inolusionary Housing Agreement— In -Lieu Fee Payment
City of Santa Ana
sm
cI
RI
A
YS
Rl
R1
_
e
vi
RI €
[ v
t4uA, ixE
L
cu[e,w
el.u.v
R,
Ra
ALFNE AV
AV
•[RRII
F
N
0.I W
+urrtx.v
W
e
ZONING DISTRICTS
x.mtvµ Rf
V
c.xo.w
9
em+`°x j
RI
R1
c0.Y•Yxc.v
RI
' k
o L cvxRw
q1
Rt
Y$3 a a
li4.r
1.
R1
PI
d.ee w
.Vi
R,
M,
ACARTHUR BLVD
RI'/M 'a
RIR0.0
wPxsw 9
IYMPµ G1
o
a 4
w
R1JR0 R1 N
R1iR0
3 A €'
.Rw,w w ,Al•wa
w
k
3.ei R+
t
�e Rl w
xeuuw RI
n• RI q
i
Mw .v
eL
PI • 3
P1
p C5
. RI
A x0•R •�
eV4••r
R+
\1[vFvi
Ri
.RVEx AV nFVFauv
iA1T.._.._.._.,_.._.._.._
R,—.._.._.._.._.. .. —.
Al
GENERALAGRCULTURAL
CSM
SOUTH MAN STREET COMMERGAL DOT.
R2
TWO-FAMLY RESIDENCE
-B
PARKNGMODFCATION
C1
COMMUNI COMMERCAL
GC
GOVERNMENTCENTER
R3
MULTPLE-FAMLY RESIDENCE
-OZ
OVERLAYZONE
CWD
COMMUNRY COWERCAL-MUSEUM DOT.
M1
LIGHTNDUSTRWL
Rd
SUBURSANAPARTMENT
PLANNEDRESIOENTAL
C2
GENERAL CAMMERCAL
M2
HEAVY NDUSTRAL
RE
RESOENTAL ESTATE
PRO
DEVELOPMENT
Gi
PLANNEDSHOPPNGCENTER
O
OPENSPACE
SD
SPEGFCDEVELOPMENT
-H02
HEIGHT DISTRICT II
C5
ARTERALCOMMEHCAL
P
PROFESSIONAL
SP
SPECFCPLAN
CR
COMMERCAL RESIDEPQWL
R1
SNGLE-FAMLYRESIDENCE
aN SECTIONAL DISTRICT MAP: 36-5-10
Nw CITY OF SANTA AMA. CAUFORNIA
Exhibit:
751-231
0.1
EXHIBIT 3
INCLUSIONARY HOUSING PLAN
Inclusionary Housing Agreement— In-Lleu Fee Payment
City of Santa Ana
Planning and Building Agency
ffk
A Planning Division
I 20 Civic Center Plaza
P.O. Box 1988 (M-20)
Santa Ana, CA 92702
(714) 647-5804
vAVWsantaana.org INCLUSIONARY HOUSING PLAN
OWNERIAPPLICANT INFORMATION
Legal Owner RAR2-651 sunflower Owner, LLC
3( 10 )
788-6138
Full Name of Person, Firm or Corporation
Area Code
Phone Number
13450 Maxefla Avenue, Suite 240, Marina Del Rey, CA 00292 Attn: James Settler
L�
Mailing Address
Area Code
Fax Number
Applicant RAR2-651 sunflower Owner, LLC
3( 10 )
788-6138
Full Name of Person, Fin or Corporation
Area Code
Phone Number
13450 Maxelle Avenue, Suite 240. Marina Del Rey, CA 90292
/ 1
Mailing Address
.Area Code
Fax Number
Contact Person Timothy O'Brien c/o Legacy Partners
tobrienna-legacypartners.cq�
Full Name of Person. Finn or corporation
Email
address
5141 California Avenue. Suite ton Irvine r.A C19R17
g( 49 ) 930-7700 ( 949 241-7988
Area Code Phone Number Area Code Mobile Phone Number Area Code Fax Number
PROJECT DESCRIPTION
Project Address: 651 Sunflower Avenue, Santa Ana, CA 92707
Assessor Parcel Number(s): 410-111.02
Total Number of Units Proposed: 226
Number of Affordable Housing Units Required:
15% Inclusionary Housing Obligation for Low -Income Households (Ownership):
15% Inclusionary Housing Obligation for Low -Income Households (Rental):
10% Inclusionary Housing Obligation for Very Low -Income Households (Rental only):
Number of Rental Units: 226 Number of For -Sale Units: 0
Identify the Gross Habitable Area of the Proposed Project': 184,560 square feet
Will the Project be Constructed in Phases? Yes No
Is a Density Bonus or Concessions being Requested? Yes x No
Signature:
APPROVALS (if applicable)
HOUSING PLAN NO.
❑ DENY
Date: q A 1 0 b
' This calculation Is measured from the exterior wail of residential units and does not include exterior hallways, common areas,
landscape, open space or exterior stairways.
S:Planning\Clerical-Counter FarmeVHOOapplica(ion Page 1 of 4
i t/1T
OPTIONS TO SATISFY INCLUSIONARY REQUIREMENTS
Select the applicable option to indicate how the project will comply with the inclusionary housing
requirement:
Option # 1.
On -Site Construction of inclusionary Units (15% Low -Income)
Option # 2.
On -Site Construction of Inclusionary Units (10%Very Low Income)
Option # 3.
Off -Site Construction of New Inclusionary Units
Option # 4.
Off -Site Rehabilitation of Inclusionary Units Within a Designated
Target Areas
Option # 6.
Off -Site Rehabilitation of Inclusionary Units Outside a
Designated Target Areas
Option # 6.
X In -Lieu Fee Payment for Entire Obligation
Option # T.
In -Lieu Fee Payment for Fractional Unit4
Fee Schedule for In -Lieu Fee Payment:
Total Number of Residential Units
Fee Per Square Footage of Habitable Space
5 units to 20 units
More than 20 units
1 $5.00 / SF
Pipeline Projects'
Estimated In Lieu as Calculation
1e4,560 SF (Total Habitable Space) X $ e Fee/SF = $122,800 Total In -Lieu Fee
Location of the Inclusionary Units Standards:
The Housing Opportunity Ordinance provides the following standards for the Inclusionary Units
location within the Project in relationship to non-Inclusionary Units. All Inclusionary Units shall
be:
(1) Reasonably dispersed throughout the Residential Project;
(2) Proportional, in number of bedrooms, gross floor area of habitable space, and location to
the market rate units;
(3) Comparable to the market rate units included in the Residential Project in terms of
design, materials, finished quality and appearance; and
(4) Permitted the same access to project amenities and recreational facilities, as are market
rate units.
Y The Developer may satisfy the Incluslonary Unit requirements for the Project, in whole or In part by substantially rehabililagng
existing housing units within the Designated Target Areas at a rate of 1 habitable square foot per each required habitable square
foot of affordable Inclusionary Units.
a The Developer may satisfy the induslonary Unit requirement for the Project, in whole or In part by substantially rehabllltating
existing housing units outside of the Designated Target Areas within the borders of the City of Santa Ana at a rate of i % habitable
square feet per each required habitable square foot of Inclusionary Units.
4 if the c91cula5on of the number of required Inclusionary housing units results in a fraction, the developer has the option to
(a) provide an additional Inclusionary housing unit or (b) pay an In -Lieu Fee equal to the percentage represented by the fractional
Incuslonary housing unit multiplied by the applicable In -Lieu Fee.
a A pipeline project is a project application that was submitted and deemed complete prior to August 4, 2015.
Page 2 of 4
i:PlnnnlnetOledesl-Counter FortnaWOOappllraaon
1117
Please complete the following table as it applies to your project proposal, as applicable:
dt of Units
# of Units
Bedroom
Unit Size
Number of
Affordable to
Very Low-
Affordable to
Total
Percent of
Size
(Habitable
Market Rate
Income
Low -Income
Number of
Total Units
Square Feet)
Units
Households
Households
Units
60% AMI
(80% AMI)
Studio
608
35
0
0
35
16%
1
685
114
0
0
114
500
2
1,106
77
0
0
77
34%
3
4
5
Total
817
1 226
0
0
226
The following are submittal requirements for your proposed Inclusionary Housing Plan:
A. ❑ Project Description (see Site Plan Review application). Include a description of
proposed off -site construction or rehabilitation if applicable
B. ❑ Legal Description of the Project
C. ❑ Site plan of the entire project detailing the location of proposed inclusionary
housing units (minimum size 11" x 17")
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. ❑ If a developer chooses to pay the in -lieu fee instead of building the units on -site,
the developer must provide a letter addressed to City Council explaining in
significant detail why the required number of affordable housing units are unable
to be provided on -site
E. ❑ Application Fee
S:PlnnninSlClerkeFCounter rormsW008PDSm63n Page 3 of 4
NN7
Proporty OWNERZ AFFMVtr
t iceKecr� r� oEnL tMa i am aht* to'a. t)VV WAML4 r+i ovmrtr at �t, Wri:;'r'�'d,'F innx 40 ka tkl ,, apoo4ition
.hr hM bw 4?wpit vrod K€ ". n 09 OW VMPOrty tSw w 09 bO—W`I 0 P OMMVk", Wn
businm. eXC as a iRNOvtesd by nepwake im-Alit:7icird Mwoad'iw--tQwdh.. t trtrrawgwA10Ole
app€irarat suuhrWdkwj iltst twm f W pow to wfi yr -A "rrw to W-"Itd to ttri6 Atpp"it ',
Wadlnj anir WW 19 er Kgatkrra rar06NWES as trriO'tts t x9d mucE ry,
I ttr.dare und& Penalty dpaqury IAuai ttr� farogotrrg to thr+� let t! �trtrct
Eaecutad on (Mte)
r
ftj1" ONtKiStr$�tjri9111fE__�_���3
awes M€ifsAVIT
t hweby ceri99Fr that tho built>rnWuti rumished gibme tend in the uU.,chad fzhVM tePrtrS0Q U10
j9{ple and fnfoirnsfim required for Witt at Ord rrealuaWA aftd that thfa tr.Cts. ffwiS 'Mt$ Ar-d
Inftrrn. flan pmenload are true ard, corror4 W Vin hest of my 1,MU tedg8 ue,d bOie!. FtAher.
should the stwlag e:r ormilun be found false v, irrsuf l mnl. t ails e 0 the return 69 it s 1QM TCr
appiropriato roviumms, Understanding that ft City of $Onta Ana WOW pracesra thit itrrrn Ufa 20
;yMdt& * Information is rsrtrroOad w prowded by Itaa rtpghcanL t hereby t*r{tfyr that I hawo
been kWT4- authorized by the g;To u4ty rsvrner to prese ai 5his appl4caticln avid to srjn on heW of
all documents rdlatr d to this application, imclufling aN erm,Mions of kliyaLon n?easuftl g h,,% may,
tits deef red necessary.
Note: When he arpplim al. Is a corporali*i. prtnership. busane , . 4tc„ a a drrnurm-rtt
wartryhq the autharizabon to dign for such applicant is required.
declare under penally of psayr y that ttdr f I.% We and carrect.
710
California
Applica tl's Sigrinture — —
Applieanl's Priittod Naifle awl e- ii"wr12