Loading...
HomeMy WebLinkAboutReso25-35_1441 E. 17th St. VAR-25-02 Resolution No. 2025-35 Page 1 of 14 RESOLUTION NO. 2025-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2025-02 AS CONDITIONED TO ALLOW A REDUCTION IN REQUIRED SETBACKS, LANDSCAPE AREA, AND OFF- STREET PARKING REQUIREMENTS TO FACILITATE 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 Variance No. 2025-02 to allow a reduction in required setbacks, landscape area, and off-street parking requirements to facilitate the 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 Conditional Use Permit (CUP) No. 2025-26 to allow for a church use in the P zoning district within the City of Santa Ana. C. Within the P zoning district, Santa Ana Municipal Code (SAMC) Sections 41-315 and 41-316 require a minimum 15-foot front setback, 15-foot street- side setback, and corresponding 15-foot landscaped front and street-side yards, as well as 5-foot landscaped interior side yards and 10-foot landscaped rear yards when adjacent to single-family residences. The Applicant is specifically requesting approval of Variance No. 2025-02 to allow 10 feet 2 inches along the front yard, 5 feet 10 inches along the street-side yard, no interior side landscaping, and a 5-foot rear landscaped buffer. 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. Resolution No. 2025-35 Page 2 of 14 F. On October 21, 2025, the Applicant submitted Variance No. 2025-02 requesting approval of the church use. G. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the variance for this Project as set forth by the Santa Ana Municipal Code. H. On December 8, 2025, the Planning Commission held a duly noticed public hearing for Variance No. 2025-02. I. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Variance No. 2025-02, for a reduction in required setbacks as required by SAMC Section 41-638: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. Special circumstances exist on the subject property that are not shared by other parcels within the Professional (P) zoning district and that prevent reasonable compliance with required building and landscaping setbacks. The property measures only 0.55 acres (24,123 sq. ft.), which is significantly smaller than the typical professional office parcels along the Seventeenth Street corridor, which commonly range from 0.75 acres to over one acre. This unusually compact lot size, combined with its shallow north–south depth and double- frontage configuration along Seventeenth Street and Wright Street, substantially limits the developable area needed to accommodate a modern institutional use while meeting all setback, landscaping, and circulation standards. Further, the site contains an existing 11,313-square-foot basement structure that survived the 2021 building fire and must be retained to maintain structural feasibility and cost- effectiveness for the owner’s reinvestment in the site. The retained basement dictates the location and dimensions of the new building footprint, including the structural grid, parking ramp, and internal circulation layout. These fixed physical constraints eliminate the ability to shift the building or modify the parking configuration to meet the 15-foot front and street- side landscaped setback requirements, the 5-foot interior side landscaped setback, or the 10-foot landscaped rear yard requirement adjacent to residential uses. Resolution No. 2025-35 Page 3 of 14 Strict application of these requirements would eliminate essential buildable area, preclude the minimum 36 on-site parking spaces, disrupt required drive-aisle widths, and potentially require abandonment and demolition of the structurally sound basement, an outcome that yields no public benefit and would effectively prevent reasonable redevelopment of the property. These circumstances demonstrate that, due to its unique size, shape, constraints imposed by the existing basement, and corner-lot configuration, strict adherence to the zoning ordinance would deprive the property of development opportunities and privileges commonly enjoyed by comparable parcels in the P zone. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting the requested variances is necessary to allow the Applicant to exercise substantial property rights enjoyed by other properties within the P zoning district. Specifically, the right to reasonably redevelop the site with a permitted institutional use consistent with the underlying zoning and General Plan designation. Churches and other assembly uses are expressly allowed in the P district with approval of a Conditional Use Permit. However, strict application of the required 15-foot front and street-side setbacks, 15-foot landscaped yards, 5-foot interior side landscaped area, 10- foot rear landscaped buffer, and 108 on-site parking stalls would make development of any functional religious institution physically infeasible on this uniquely constrained lot. Because the subject property is significantly smaller than typical office parcels along Seventeenth Street, has double- frontage, and contains an existing 11,313-square-foot basement that dictates the feasible building footprint and circulation pattern, the site cannot meet all setback, landscaping, and parking standards without eliminating the usable building area required for assembly space, ADA- compliant circulation, offices, and support functions. Strict adherence to these standards would result in a building so reduced in size and functionality that no meaningful religious assembly use could be accommodated. It would also require removal of the structurally sound basement, an extraordinary burden not faced by similarly zoned parcels. By granting the variances, the property owner can utilize the site in a manner consistent with other properties in the P zoning district and in alignment with the General Plan’s Professional and Administrative Office (PAO) designation, Resolution No. 2025-35 Page 4 of 14 which allows complementary institutional and community- serving uses. In addition, many nearby commercial and institutional buildings along Seventeenth Street were constructed with reduced front setbacks, and the Project’s siting preserves this established urban form by maintaining a consistent street frontage rather than creating a recessed and visibly incongruent development pattern. This approach reinforces the General Plan’s design intent for a cohesive, street-oriented corridor and ensures that the site can be redeveloped in a reasonable, functional, and context-sensitive manner. The variances therefore preserve a substantial property right in the ability to reinvest in and redevelop the site with a permitted use that reflects both prevailing development patterns and adopted planning policy. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting the requested variances will not be materially detrimental to the public welfare nor injurious to surrounding properties because the Project has been designed and conditioned to ensure compatibility with adjacent residential, office, educational, and institutional uses. Despite reduced building and landscaping setbacks, the site maintains a generous separation of over 68 feet from the nearest single- family residences to the north, substantially exceeding the minimum required building setback. This buffer, combined with new perimeter landscaping and existing block walls, provides a high level of screening and protects residential privacy. All worship services are conducted indoors, and operating hours are intentionally limited to Friday through Sunday, 7:00 p.m. to 9:00 p.m., when surrounding professional office, medical, and charter school uses are closed. As a result, traffic, parking activity, and pedestrian movement do not conflict with nearby residential or daytime commercial activity. New site lighting will be fully shielded and directed away from residential properties, preventing glare and ensuring compliance with City lighting standards. The landscaped areas, although reduced in width, include a robust palette designed to soften edges and enhance the corridor’s visual environment. Parking and circulation impacts have been thoroughly addressed. The Project provides 36 on-site parking spaces and has secured 115 off-site shared parking spaces at nearby commercial properties that are largely unoccupied during evening and weekend service hours. A comprehensive Resolution No. 2025-35 Page 5 of 14 Parking Management Plan (PMP) requires the use of trained attendants, operational controls, and directional signage to prevent queuing along Wright Street or Seventeenth Street, maintain orderly circulation, and avoid spillover parking into nearby residential streets. In addition, the Project introduces meaningful pedestrian and vehicular safety improvements, including installation of a new striped crosswalk across Eighteenth Street and multiple public right-of-way upgrades such as new streetlights, sidewalk replacement, and new curb and gutter. These improvements enhance pedestrian visibility, improve nighttime safety, and establish predictable pedestrian movement between parking areas and the site, thereby reducing potential conflicts between vehicles and pedestrians. Collectively, these circulation and safety enhancements, along with upgraded landscaping, new street trees, and rehabilitation of a previously deteriorated and fire-damaged property, significantly improve the physical environment and reduce potential hazards. The Project introduces no hazardous materials, no late-night operations, and no high- intensity activity. With its operational restrictions, infrastructure upgrades, and conditions of approval, the Project ensures that the reduced setbacks and landscaping widths will not result in adverse noise, lighting, parking, or circulation impacts. 4. That the granting of a variance will not adversely affect the General Plan of the city. The granting of the requested variances will not adversely affect the City’s General Plan because the Project, including its modified building placement and reduced landscaping setbacks, remains consistent with the Professional and Administrative Office (PAO) land use designation and supports applicable goals and policies within the Land Use, Community, Urban Design, and Noise Elements. The PAO designation accommodates a range of professional, administrative, and supporting institutional uses, including religious assembly, where compatible with surrounding development. The proposed church use is therefore consistent with the site’s General Plan designation and the surrounding mix of professional offices, educational facilities, and residential neighborhoods. Approval of the variances facilitates productive reuse of a long-vacant and fire-damaged infill parcel and directly advances Land Use Element Goals LU-2 and LU-4, which Resolution No. 2025-35 Page 6 of 14 promote a balanced mix of land uses, revitalization of underutilized properties, and creation of complete, walkable neighborhoods. By enabling reinvestment and redevelopment of the site, the variances further support Policy LU-2.3, which encourages community-serving uses and gathering places, and Policy LU-3.7, which promotes attractive and well- maintained urban corridors. The Project is compatible in scale, intensity, and operational characteristics with surrounding development and introduces a low-intensity institutional use supported by indoor operations, limited hours, and a comprehensive parking management strategy. These features ensure consistency with applicable Noise Element policies and protect nearby sensitive uses. The substantial physical separation between the building and nearby residences, combined with shielded lighting and enhanced landscaping, further reinforces compatibility with surrounding neighborhoods. The Project also supports the Urban Design Element, including Policy UD-1.1, by incorporating high-quality architectural detailing, coordinated materials, and landscape enhancements that improve the corridor’s visual character. In addition, the Project is consistent with Policy UD-2.2 (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. The Project further advances Community Element policies by reactivating an underutilized site and providing a safe, accessible facility for neighborhood-serving programs and gatherings. Because the variances address only site-specific physical constraints and do not alter the use, intensity, or character of the development, they do not conflict with any adopted policies or specific plans. Accordingly, approval of the variances will not adversely affect the City’s General Plan and instead facilitates implementation of its goals for reinvestment, compatibility, and enhancement of the built environment. 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 Resolution No. 2025-35 Page 7 of 14 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 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 Variance No. 2025-02 to allow for a reduction in required setbacks, landscape area, and off-street parking requirements, as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth 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 Resolution No. 2025-35 Page 8 of 14 exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 8th day of December, 2025. 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: _______________________ Isuri S. Ramos Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Melissa M. Crosthwaite Senior Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Gema Zapien, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-35 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. 2025-35 Page 9 of 14 EXHIBIT A Conditions of Approval for Variance No. 2025-02 Variance No. 2025-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: 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 variance application. The Applicant must remain in compliance with all conditions listed below throughout the life of the variance application. Failure to comply with each and every condition may result in the revocation of the variance application. 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 Variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the Variance must be amended. 3. The reduced building and landscaped setbacks approved under Variance No. 2025- 02 shall be maintained free of any additional structures, utility equipment, storage, hardscape, fencing, mechanical units, backflow preventers, enclosure expansions, or any other features not shown on the approved plans. No encroachment, temporary or permanent, shall occur within these setback areas other than landscaping, irrigation, and approved pedestrian pathways. Any request to place new appurtenances or structures within these reduced setbacks shall require prior written approval from the Planning Division and may require a variance amendment. 4. Violations of the conditions of approval of the Variance 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. 5. The business 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. 6. Copies of all required entitlements shall be kept at the business at all times and be made available to any City official upon request. 7. 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 Resolution No. 2025-35 Page 10 of 14 or activities shall be permitted. Modified by the Planning Commission on December 8, 2025. 8. 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 off-street parking and development standard relief granted under Variance No. 2025-02. 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 with the approved variance. The compliance review shall include, but not be limited to, verification of:  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 parking or circulation modifications are necessary to ensure compliance with the approved variance or to mitigate verified impacts, the Applicant shall implement reasonable corrective actions, including adjustments to parking allocation, staffing levels, circulation controls, signage, or congregation management practices. Any reduction in parking availability, modification to off-site parking agreements, or substantive change affecting the basis of the variance approval shall require approval of an amendment to Variance No. 2025-02. 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 Variance and may result in enforcement action, including suspension or revocation pursuant to the SAMC. Added by the Planning Commission on December 8, 2025. 9. 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, Resolution No. 2025-35 Page 11 of 14 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 primarily be reserved for staff and volunteers to maintain accessible entry and prevent congestion. 10. 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. 11. 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. 12. 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. 13. 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. 14. Site exterior noise levels must remain in compliance with Section 18-312 (Exterior Noise Standards) of the Santa Ana Municipal Code at all times. 15. 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. 16. 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. Resolution No. 2025-35 Page 12 of 14 17. 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 Variance, 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. 18. 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 Variance. 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 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 Resolution No. 2025-35 Page 13 of 14 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, 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 Resolution No. 2025-35 Page 14 of 14 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.