HomeMy WebLinkAboutReso25-34_1441 E. 17th St. CUP-25-26Resolution No. 2025-34
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RESOLUTION NO. 2025-34
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2025-26 AS CONDITIONED TO ALLOW
FOR THE CONSTRUCTION AND OPERATION OF A NEW
CHURCH AT THE PROPERTY LOCATED AT 1441 E.
SEVENTEENTH STREET (APN: 396-221-60)
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines, and declares as follows:
A. YNG Architects Inc. (“Applicant”), representing Laureano Carrera with
Iglesia Cristiana Rayo De Luz (“Property Owner”), is requesting approval
of Conditional Use Permit (CUP) No. 2025-26 to allow for construction and
operation of a church at a property located within the Professional (P)
zoning district at 1441 E. Seventeenth Street (“Project”).
B. As part of the overall entitlement request, the Applicant is also seeking a
separate approval of Variance No. 2025-02 to allow for reduced building
and landscape setbacks as well as a reduction in the off-street parking
requirements for the proposed church.
C. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-313.5(n), a
Conditional Use Permit is required for churches in the P zoning district
within the City of Santa Ana.
D. In September 2019, the Applicant submitted a Development Project
Review (DP) application to the City for the change of use from office to a
church. The DP application was deemed complete by the City’s
development review committee (DRC) on May 13, 2021. On June 28,
2021, the office building sustained a major fire. The damaged structure
was subsequently demolished with only the basement portion remaining.
E. On February 28, 2023, the Applicant submitted a new Development
Project Review (DP) application to the City for the construction and
operation of a new church.
F. On October 21, 2025, the Applicant submitted CUP No. 2025-26
requesting approval of the church use.
G. On December 8, 2025, the Planning Commission held a duly noticed public
hearing for CUP No. 2025-26.
H. Pursuant to SAMC Section 41-638, the Planning Commission is
authorized to review and approve the CUP for this Project as set forth by
the Santa Ana Municipal Code.
Resolution No. 2025-34
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I. The Planning Commission determines that the following findings, which
must be established in order to grant this CUP pursuant to SAMC Section
41-638, have been established for CUP No. 2025-26 to allow a new church
within the P zoning district as follows:
1. That the proposed use will provide a service or facility which will
contribute to the general well-being of the neighborhood or the
community.
The proposed church will establish a community-serving
religious assembly use that meets the needs of local residents
and is appropriate for the surrounding neighborhood. The
Project reinvests in a long-vacant, fire-damaged site with a low-
intensity institutional use that includes worship services and
related activities. Regular operations occur primarily on
weekend evenings, which limits overlap with nearby office,
school, and medical uses and supports compatibility with the
existing land-use pattern.
The Project includes several improvements that enhance
safety, accessibility, and overall neighborhood quality. These
include a new striped crosswalk across Eighteenth Street at
Wright Street, providing congregants walking from the off-site
parking lot at The Village with a safe, visible, and direct
pedestrian connection. Additional right-of-way upgrades, such
as new streetlights, sidewalk replacement, new curb and
gutter, and new street trees, further improve pedestrian
comfort, nighttime visibility, and safe mobility for both
congregants and the wider community.
These pedestrian enhancements operate in concert with the
Project’s Parking Management Plan (PMP), which directs
vehicles to off-site parking, prevents queuing, and ensures
orderly circulation during peak worship hours. Together, these
measures reduce potential traffic conflicts, improve safety for
residents and pedestrians, and maintain the integrity of the
surrounding neighborhood.
The Project also enhances the site’s physical environment
through upgraded lighting, enhanced landscaping, and
construction of a new building designed to be compatible with
nearby uses. Staff is recommending a condition of approval
requiring two shade-producing trees along the southern
elevation, further contributing to pedestrian comfort, aesthetic
quality, and neighborhood livability.
Overall, the proposed church is expected to function as a
compatible institutional use on the site and to support the
general well-being of the neighborhood by reactivating an
underutilized property and providing a community-oriented
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facility in a manner consistent with surrounding development.
2. That the proposed use under the circumstances of the particular
case will not be detrimental to the health, safety, or general welfare
of persons residing or working in the vicinity.
The proposed use has been designed and conditioned to
ensure that it will not be detrimental to the health, safety, or
general welfare of nearby residents or businesses. The
church will operate as an indoor, low-intensity assembly use
with limited weekday activity and primary worship services
occurring on weekend evenings between 7:00 p.m. and 9:00
p.m., a time period when surrounding office, school, and
medical uses are closed. This operating schedule minimizes
potential conflicts related to traffic, parking demand, noise,
and general activity levels.
All worship services and program activities will occur indoors,
which reduces noise and ensures compliance with applicable
City noise thresholds. The building maintains more than 68
feet of separation from the nearest single-family residences to
the north, providing an additional buffer that supports
compatibility with the adjacent neighborhood. New lighting will
be fully shielded and directed away from residential properties
to prevent glare or spillover.
Parking and circulation impacts have been thoroughly
addressed. The Project provides 36 on-site spaces and 115
secured off-site spaces at locations largely unoccupied during
service hours. The PMP requires trained attendants to direct
vehicles, prevent queuing along Wright Street and
Seventeenth Street, and ensure orderly circulation, thereby
avoiding spillover parking or congestion on nearby residential
streets. In addition, the Project includes a new striped
crosswalk across Eighteenth Street and multiple right-of-way
upgrades, such as new streetlights, sidewalk replacement,
and new curb and gutter, that enhance pedestrian visibility,
nighttime safety, and predictable pedestrian movement to and
from the site.
These circulation and safety enhancements, combined with
upgraded landscaping, new street trees, and overall
rehabilitation of a previously deteriorated and fire-damaged
site, improve the physical environment and reduce potential
hazards. The Project introduces no hazardous materials, no
late-night operations, and no high-intensity activities.
Taken together, these operational controls, pedestrian and
circulation improvements, and site-design enhancements
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ensure that the proposed church will not be detrimental to the
health, safety, or general welfare of persons residing or
working in the vicinity.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding
the area.
The proposed use is not expected to adversely affect the
economic stability or future economic development of
surrounding properties. The Project replaces a long-vacant,
fire-damaged structure with a new building and related site
improvements, which will improve the overall condition and
appearance of the corridor. These improvements, including
upgraded lighting, new landscaping, and rehabilitation of the
existing basement structure, support continued reinvestment
in the surrounding area by addressing blight conditions and
enhancing the visual quality of this portion of Seventeenth
Street.
The church’s operational characteristics are compatible with
nearby commercial and office uses. Worship services occur
primarily during evening hours on weekends, when adjacent
medical, office, and school uses are inactive. As a result, the
use does not conflict with or displace existing daytime
commercial operations, nor does it impede access,
circulation, or parking availability for surrounding businesses.
Parking demand has been addressed through both on-site
spaces and secured off-site parking agreements, ensuring
that the use does not create spillover parking or circulation
impacts that could disrupt nearby commercial operations. The
PMP provides additional safeguards to maintain orderly
vehicle access and minimize interference with adjacent
properties.
By reactivating an underutilized site, improving building and
site conditions, and operating in a manner that does not
interfere with nearby commercial activities, the proposed use
is not anticipated to negatively affect current or future
economic activity along the corridor.
4. That the proposed use shall comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed church use has been reviewed for compliance
with the applicable provisions of Chapter 41 of the SAMC,
including those governing religious assembly uses,
development standards, parking, and the required findings for
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a CUP. The Project design complies with all applicable zoning
requirements except where variances have been requested to
address unique site constraints.
In addition, the Project incorporates required operational and
site-design features, including indoor-only services, compliant
lighting, landscaping, and circulation improvements, that
ensure adherence to relevant standards. Conditions of
approval further ensure ongoing compliance with Chapter 41,
including requirements related to parking, implementation of
the PMP, conformance with approved plans, and
maintenance of property conditions.
With adherence to the conditions of approval and the
applicable provisions of Chapter 41, the proposed use will
comply with all regulations governing its establishment and
operation.
5. That the proposed use will not adversely affect the General Plan or
any specific plan of the City.
The proposed church use is consistent with the City’s
General Plan and will not adversely affect its goals, policies,
or implementation. The site is designated Professional and
Administrative Office (PAO), which allows a range of
professional, administrative, and supporting institutional
uses. The PAO designation accommodates community-
serving institutional uses such as religious assembly,
provided they are compatible with surrounding development.
The Project reuses a long-vacant site, introduces a low-
intensity institutional use, and incorporates building and site
improvements that support the General Plan’s objectives for
reinvestment, compatibility, and enhancement of the built
environment.
The Project aligns with several Land Use Element goals and
policies by reinforcing neighborhood-serving activities,
improving site appearance, and ensuring that new
development is compatible in scale and intensity with
adjacent office, school, and residential uses. The church’s
indoor operations, limited hours, parking management
measures, and substantial setback from nearby residences
help ensure consistency with Noise Element policies and
compatibility with surrounding land uses. The Project also
supports Community Element policies by reactivating an
underutilized parcel and providing a safe, accessible facility
for community gatherings.
In addition, the Project supports Urban Design Policy UD-2.2
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(Compatibility and Use with Setting) by maintaining the
established scale, bulk, and development pattern along the
Seventeenth Street corridor. Many nearby commercial and
institutional buildings were constructed with reduced front
setbacks, and the Project’s siting preserves this existing
urban form, avoiding a recessed or inconsistent frontage that
would conflict with the General Plan’s design intent.
As designed and conditioned, the proposed use is consistent
with applicable General Plan policies and does not conflict
with any adopted specific plan. Accordingly, the Project will
not adversely affect the City's General Plan.
Section 2. In accordance with the California Environmental Quality Act (CEQA),
the Project has been reviewed and determined to be categorically exempt from further
environmental analysis. The Project qualifies under CEQA Guidelines Section 15332
(Class 32 – Infill Development) because it is consistent with the General Plan and
zoning, is located on a fully urbanized 0.55-acre parcel, and contains no habitat for
sensitive species. The surrounding area is already developed with professional offices,
a charter high school, a medical office, and single-family residences, and the site itself
contains no biological resources.
The Project would not result in significant environmental effects related to traffic,
noise, air quality, water quality, or public services. Trip generation remains below
Vehicle Miles Traveled (VMT) screening thresholds, worship services occur during off-
peak evening hours, and a Parking Management Plan (PMP) will ensure orderly
circulation and prevent queuing. Construction activities will comply with City noise
regulations, and air quality modeling confirms that emissions remain well below South
Coast Air Quality Management District thresholds. Water quality impacts will be avoided
through standard stormwater compliance.
The site is not located on a hazardous materials property, within a State scenic
highway corridor, or in an area subject to unusual circumstances, and no cumulative or
historic-resource impacts have been identified. The Project also qualifies under CEQA
Guidelines Section 15301 (Class 1 – Existing Facilities) for minor alterations to the
existing basement structure. Based on these findings, staff has prepared Environmental
Review No. 2023-20, and a Notice of Exemption 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
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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 Planning Commission of the City of Santa Ana, after conducting
the public hearing, hereby approves Conditional Use Permit No. 2025-26, as
conditioned in Exhibit A, attached hereto and incorporated herein. This decision is
based upon the evidence submitted at the above said hearing, which includes, but is
not limited to, the Request for Planning Commission Action dated December 8, 2025,
and exhibits attached thereto; and the public testimony, all of which are incorporated
herein by this reference. CUP No. 2025-26 shall not take effect unless and until
Variance No. 2025-02 is approved by the Planning Commission.
Resolution No. 2025-34
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ADOPTED this 8th day of December 2025 by the following vote.
Isuri S. Ramos
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Commissioners: Carl Benninger, Christopher Leo, Jennifer Oliva, Bao
Pham, Isuri S. Ramos, Alan Woo (6)
NOES: Commissioners:
ABSENT: Commissioners: Manuel J. Escamilla (1)
ABSTENTIONS: Commissioners:
Resolution No. 2025-34
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Gema Zapien, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2025-34 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on December 8, 2025.
____________________________________
Gema Zapien
Recording Secretary
City of Santa Ana
Date: ________12/08/2025________
Resolution No. 2025-34
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2025-26
Conditional Use Permit No. 2025-26 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the California Building Standards
Code and all other applicable regulations.
Except as otherwise provided, the Applicant must comply in full with each and every
condition listed below prior to exercising the rights conferred by this Conditional Use
Permit.
The Applicant must remain in compliance with all conditions listed below throughout the
life of the Conditional Use Permit. Failure to comply with each and every condition may
result in the revocation of this Conditional Use Permit.
1. The Applicant must comply with all conditions and requirements of the
Development Review Committee for the Development Project (DP) No. 2023-
13.
2. Any proposed amendment to this CUP must be submitted to the Planning
Division for review. At that time, staff will determine if administrative relief is
available or if the CUP must be amended.
3. Violations of the CUP as contained in Section 41-647.5 of the Santa Ana
Municipal Code will be grounds for permit suspension and/or revocation as
described in Section 41-651 of the Santa Ana Municipal Code.
4. The establishment shall post in a conspicuous location at the entry to the building
the contact information for the responsible onsite manager, including full name,
phone number, and emergency or backup phone number, in case of noise and
related operational complaints.
5. Copies of all required entitlements shall be kept at the business at all times and
be made available to any City official upon request.
6. All services, meetings, and routine church activities open to congregants shall
be limited to Friday, Saturday, and Sunday between 7:00 p.m. and 9:00 p.m. and
Saturday and Sunday between 7:00 a.m. and 9:00 p.m. General administrative
and office operations may occur Monday through Friday Sunday between 97:00
a.m. and 5:00 p.m. No early-morning (before 7:00 a.m.) or late-night (after 9:00
p.m.) services or activities shall be permitted. Modified by the Planning
Commission on December 8, 2025.
7. Within six (6) months following issuance of the Certificate of Occupancy, the
Applicant shall request and participate in a formal compliance review with
Planning Division staff to evaluate the Project’s performance relative to the
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approved Conditional Use Permit, including the expanded hours of operation
now authorized on Saturdays and Sundays between 7:00 a.m. and 9:00 p.m.
As part of this review, the Applicant shall submit an updated parking study and
an updated Parking Management Plan (PMP) prepared by a qualified
professional, documenting actual operational conditions. The parking study shall
evaluate on-site and off-site parking utilization during typical and peak service
periods, vehicular circulation patterns, queuing conditions, pedestrian routing,
and any parking impacts on surrounding streets. The updated PMP shall
incorporate the findings of the study and recommend operational refinements
necessary to ensure continued compliance.
The compliance review shall include, but not be limited to, verification of:
Adherence to approved hours of operation;
Functionality and adequacy of on-site and off-site parking arrangements;
Implementation and effectiveness of the Parking Management Plan;
Circulation, stacking, and pedestrian safety conditions;
Any documented parking complaints or neighborhood concerns;
Records of Police Department calls for service associated with the
Project site; and
Any Code Enforcement violations, notices, or enforcement actions
related to the use or property.
If the Planning Division determines, based on substantial evidence, that
operational modifications are necessary to ensure compliance or to mitigate
verified impacts, the Applicant shall implement reasonable corrective actions,
including adjustments to parking operations, staffing levels, circulation controls,
signage, or congregation management practices. Any material change to hours
of operation or reduction in parking resources shall require approval of an
amendment to the Conditional Use Permit.
Failure to submit the required parking study or updated PMP, or failure to
participate in or comply with the compliance review, shall constitute a violation
of the Conditional Use Permit and may result in enforcement action, including
suspension or revocation pursuant to the SAMC.
Added by the Planning Commission on December 8, 2025.
8. Prior to issuance of any building permits, the Applicant shall submit a parking
management plan (PMP) to the Planning Division for review, which must be
approved prior to issuance of a certificate of occupancy. The PMP shall detail
management strategies for ancillary special events (e.g., weddings, funeral
services, baptism, and other events not regularly scheduled) to minimize
potential parking and circulation impacts onto surrounding properties and City
roadways. In addition, the PMP shall minimally include provisions for high-
visibility directional signage, clearly marked off-site parking areas, trained
attendants to direct vehicles, congregation education materials, and incentives
for rideshare, carpooling, transit, and bicycle use. Underground parking shall
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primarily be reserved for staff and volunteers to maintain accessible entry and
prevent congestion.
9. At any time that vehicle stacking extends beyond the entrance to the site, the
owner/operator shall provide field staff as reasonably required to
expedite/facilitate site circulation, assist with onsite parking, and prevent
vehicles from blocking onsite parking spaces, drive aisles, sidewalks and
bicycle lanes, and/or queuing onto public roadways. A stacking plan illustrating
vehicle stacking management in parking areas shall be reviewed and approved
by Planning Staff and shall be posted and maintained onsite.
10. Parking attendants shall be on-site and actively directing vehicles during all
worship services to ensure safe circulation, prevent queuing along Wright
Street and Seventeenth Street, and direct congregants to off-site parking
locations in accordance with the approved Parking Management Plan.
11. The Applicant shall maintain valid, executed, and recorded shared-parking
agreements for the minimum number of off-site parking spaces required under
the approved Parking Management Plan. Any modification or termination of
such agreements shall require prior written approval from the Planning Division,
and a replacement agreement must be secured prior to terminating any existing
agreement.
12. The Parking Management Plan shall include a pedestrian routing diagram
demonstrating safe and direct access from off-site parking facilities to the
Project’s site that avoids travel through nearby residential neighborhoods.
Signage or attendants may be required to ensure compliance.
13. Site exterior noise levels must remain in compliance with Section 18-312
(Exterior Noise Standards) of the Santa Ana Municipal Code at all times.
14. No amplified sound, musical instruments, group activities, or assembly functions
shall occur outdoors at any time, with the exception of limited congregation
gatherings occurring immediately prior to and immediately after a scheduled
service. Such gatherings shall be informal, shall not involve organized
programming, and shall not create noise levels that exceed applicable City
standards.
15. Prior to the issuance of any building permits, the Applicant shall submit a
landscape and irrigation plan for the entire site to the Planning Division for review
and approval. The landscape and irrigation shall comply with the zoning district's
landscape standards, the Water Efficient Landscape Ordinance (WELO), and
the Citywide Design Guidelines.
16. All landscaping shall be installed per the approved landscape and irrigation plan.
In addition, all landscaping shall be evergreen, be required to be maintained
throughout the lifetime of the CUP, and shall be required to be maintained in a
healthy manner. Moreover, any unhealthy or dead landscaping shall be required
to be removed and replaced in-kind.
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17. Prior to issuance of building permits, the Applicant shall revise the landscape
plan to incorporate an enhanced landscape buffer along the northern property
line, consisting of:
a. A continuous row of minimum 24-inch box evergreen trees capable of
achieving at least 15 feet in height at maturity;
b. Dense shrubs and understory plantings to provide screening at eye-level;
and
c. Automatic irrigation extending the full length of the northern boundary.
All landscape material shall be maintained in a healthy condition throughout the
life of the CUP.
18. Prior to the issuance of any building permits, the Applicant shall revise the
landscape and irrigation plans to incorporate a minimum of two (2) shade-
producing trees along the southern elevation of the building. The species, size,
placement, and spacing of these trees shall be reviewed and approved by the
Planning Division as part of the final landscape plan to ensure adequate canopy
coverage, pedestrian comfort, and enhanced site shading. All required trees
shall be installed prior to final inspection and shall be maintained in a healthy
condition throughout the life of the Conditional Use Permit.
19. The existing or proposed wall along the northern property line shall be
maintained in good repair at all times. Any cracks, graffiti, deterioration, or
structural issues shall be repaired within 72 hours of identification or City notice.
20. Site illumination levels must remain in compliance with Section 8-211 (Special
Commercial Building Provisions) of the Santa Ana Municipal Code at all times.
21. Prior to the issuance of any building permits, the Applicant shall submit a full-site
photometric study demonstrating compliance with Section 8-211 of the SAMC
and showing zero-foot-candle spillover at the northern property line adjacent to
single-family residences. If needed, additional shielding, fixture adjustments, or
fixture replacements shall be required to achieve compliance.
22. All exterior lighting fixtures along the northern and western elevations shall
include full cut-off shielding to prevent glare or illumination trespass onto
residential properties. The Planning Division may require field adjustments
during inspection.
23. During construction, the Applicant shall implement noise- and dust-control
measures including but not limited to: Use of muffled equipment; Watering of
exposed surfaces; Covered transport of debris; and Temporary screening and
controlled staging areas away from the northern property line.
24. All loading and unloading activities shall be limited to the hours of 8:00 a.m. to
6:00 p.m., Monday through Saturday, with no loading or unloading permitted on
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Sundays or holidays.
25. Subject to review and applicability by the Planning and Building Agency, the
Community Development Agency, the Public Works Agency, and the City
Attorney, to ensure that the property and all improvements located thereupon
are properly maintained, Applicant (and the owner of the property upon which
the authorized use and/or authorized improvements are located if different from
the Applicant) shall execute a Property Maintenance Agreement. The Agreement
shall be recorded against the property by the City and shall be in a form
reasonably satisfactory to the City Attorney. The executed Agreement must be
submitted to the Planning Division by the Applicant within 90 days of the approval
of this Resolution. The agreement shall contain covenants, conditions and
restrictions relating to the following:
a. Compliance with operational conditions applicable during any period(s) of
construction or major repair (e.g., proper screening and securing of the
construction site; implementation of proper erosion control, dust control
and noise mitigation measure; adherence to approved project phasing
etc.);
b. Compliance with ongoing operational conditions, requirements and
restrictions, as applicable (including, but not limited to, hours of operation,
security requirements, the proper storage and disposal of trash and
debris, enforcement of the parking management plan, and/or restrictions
on certain uses);
c. Ongoing compliance with approved design and construction parameters,
signage parameters and restrictions as well as landscape designs, as
applicable;
d. Ongoing maintenance, repair and upkeep of the property and all
improvements located thereupon (including, but not limited to, controls on
the proliferation of trash and debris on or about the property; the proper
and timely removal of graffiti; the timely maintenance, repair and upkeep
of damaged, vandalized and/or weathered buildings, structures and/or
improvements; the timely maintenance, repair and upkeep of exterior
paint, parking striping, lighting and irrigation fixtures, walls and fencing,
publicly accessible bathrooms and bathroom fixtures, landscaping and
related landscape improvements and the like, as applicable);
e. If Applicant and the owner of the property are different (e.g., if the
Applicant is a tenant or licensee of the property or any portion thereof),
both the Applicant and the owner of the property shall be signatories to
the Agreement and both shall be jointly and severally liable for compliance
with its terms;
f. The Agreement shall further provide that any party responsible for
complying with its terms shall not assign its ownership interest in the
property or any interest in any lease, sublease, license or sublicense,
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unless the prospective assignee agrees in writing to assume all of the
duties, obligations and responsibilities set forth under the Agreement;
g. The Agreement shall contain provisions relating to the enforcement of its
conditions by the City and shall also contain provisions authorizing the
City to recover costs and expenses which the City may incur arising out
of any enforcement and/or remediation efforts which the City may
undertake in order to cure any deficiency in maintenance, repair or
upkeep or to enforce any restrictions or conditions upon the use of the
property. The maintenance agreement shall further provide that any
unreimbursed costs and/or expenses incurred by the City to cure a
deficiency in maintenance or to enforce use restrictions shall become
a lien upon the property in an amount equivalent to the actual costs and/or
expense incurred by the City; and
h. The execution and recordation of the Agreement shall be a condition
precedent to the issuance of final approval for any construction permit
related to this entitlement.