HomeMy WebLinkAbout2025-034 - Allow A Fifteen-Unit Multi-Family Residential Development, Affordable To Very Low-Income Households RESOLUTION NO. 2025-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING DENSITY BONUS
AGREEMENT NO. 2025-03 TO ALLOW A FIFTEEN-UNIT
MULTI-FAMILY RESIDENTIAL DEVELOPMENT,
INCLUDING THREE UNITS PROPOSED AS
AFFORDABLE TO VERY LOW-INCOME HOUSEHOLDS,
AT THE PROPERTY LOCATED AT 2130 E. FOURTH
STREET (APN: 400-091-23)
BE IT RESOLVED BY THE City Council OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Donald Verleur ("Applicant"), with Olive Crest ("Property Owner"), is
requesting approval of Density Bonus Application (DBA) No. 2025-03
to allow the construction of a fifteen-unit multi-family residential
development, including three units proposed as affordable to very low-
income households earning less than 30-50 percent of the area
median income (AM[), at the property located at 2130 E. Fourth Street
("Project").
B. The California Density Bonus generally law allows developers to seek
increases in base density for providing on-site housing units in
exchange for providing affordable units on site. To help make
constructing on-site affordable units feasible, the law also generally
allows developers to seek incentives/concessions or waivers of, or
reductions in, development standards.
C. Section 41-1607 of the Santa Ana Municipal Code (SAMC) requires an
application for a deviation (incentives/concessions and/or waivers or
reductions) to be approved by the Planning Commission.
D. On June 23, 2025, the Planning Commission of the City of Santa Ana
held a duly noticed public hearing and, at that time, considered all
testimony, written and oral, and approved, based on findings, the
application for four (4) deviations (three concessions and one waiver),
to be memorialized in Density Bonus Agreement No. 2025-03.
Resolution No. 2025-034
Page 1 of 4
E. On July 15, 2025, the City Council of the City of Santa Ana held a
regular meeting and considered approval of Density Bonus Agreement
No. 2025-03.
F. The City Council hereby approves Density Bonus Agreement No.
2025-03. This Agreement allows for the construction of the proposed
Project in accordance with the provisions of State Density Bonus Law
and SAMC Section 41-1607, as conditioned.
Section 2. Pursuant to the California Environmental Quality Act (CEQA) and
CEQA Guidelines, the proposed Project is exempt from further environmental review
under Section 15168 (Program EIR). This exemption applies when a previously
certified Program Environmental Impact Report (Program EIR) has adequately
analyzed the environmental effects of an activity, and no new significant impacts
would result from the proposed Project. If the proposed Project remains within the
scope of the Program EIR and does not require a subsequent Environmental Impact
Report (EIR), no additional environmental documentation is required. Therefore, a
Notice of Exemption, Environmental Review No. 2023-94, will be filed for the Project.
Section 3. The Applicant shall indemnify, protect, defend and hold the City
and/or any of its officials, officers, employees, agents, departments, agencies,
authorized volunteers, and instrumentalities thereof, harmless from any and all
claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings
(whether legal, equitable, declaratory, administrative or adjudicatory in nature), and
alternative dispute resolution procedures (including, but not limited to arbitrations,
mediations, and such other procedures), judgments, orders, and decisions
(collectively "Actions"), brought against the City and/or any of its officials, officers,
employees, agents, departments, agencies, and instrumentalities thereof, that
challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any
permit or approval issued by the City and/or any of its officials, officers, employees,
agents, departments, agencies, and instrumentalities thereof (including actions
approved by the voters of the City) for or concerning the project, whether such
Actions are brought under the Ralph M, Brown Act, California Environmental Quality
Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure
sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law,
ordinance, charter, rule, regulation, or any decision of a court of competent
jurisdiction. It is expressly agreed that the City shall have the right to approve the
legal counsel providing the City's defense, and that Applicant shall reimburse the
City for any costs and expenses directly and necessarily incurred by the City in the
course of the defense. City shall promptly notify the Applicant of any Action brought
and City shall cooperate with Applicant in the defense of the Action.
Section 4. The City Council of the City of Santa Ana, at its regular meeting,
hereby approves Density Bonus Agreement No. 2025-03 as contained in Exhibit A,
attached hereto and incorporated as though fully set forth herein. This approval is
based on the written materials submitted, including: the Request for Planning
Resolution No. 2025-034
Page 2 of 4
Commission Action dated June 23, 2025, and the Request for City Council Action
dated July 15, 2025, and their respective exhibits.
Section 5. This Resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall attest to and certify the vote adopting this
resolution.
ADOPTED this 15#" day of July, 2025.
Va rie A e cua
ay r
APPROVED AS TO FORM:
Sonia R. Carvalho, City A rney
' a
By.
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers Amezcua, Bacerra, Hernandez, Penaloza,
Vazquez (5)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers Phan(l)
ABSENT: Councilmembers Lopez (1)
Resolution No. 2025-034
Page 3 of 4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached
Resolution No. 2025-034 to be the original resolution adopted by the City Council of the
City of Santa Ana on July 15, 2025.
Date: r' IPrrP
ennife II
City of Santa Ana
Resolution No. 2025-034
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