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HomeMy WebLinkAboutReso25-38_2745 W McFadden Ave VAR-25-01 Resolution No. 2025-38 Page 1 of 14 RESOLUTION NO. 2025-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2025-01 AS CONDITIONED TO ALLOW REDUCED LANDSCAPE SETBACKS FOR THE PROPERTIES LOCATED AT 1001 S. FAIRVIEW STREET AND 2745 W. MCFADDEN AVENUE (APN: 109-040-41 AND 109-040-34) 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. Ilan Golcheh (“Applicant”), representing Sej Asset Management & Investment Company and Mapocos, LLC (“Property Owners”) is requesting approval of Variance No. 2025-01 to allow reduced landscaped setbacks for properties located at 1001 S. Fairview Street and 2745 W. McFadden Avenue (APN: 109-040-41 AND 109-040-34). The requested variance would facilitate the construction of a 3,136-square-foot service station and canopy, construction of a new 4,650-square-foot 7-Eleven convenience store, a 2,200-square-foot multi-tenant commercial building, and the remodeling of an existing commercial building, along with landscaping, and on-site circulation and parking improvements (“Project”). B. Section 41-416 and 41-372(a) of the Santa Ana Municipal Code (“SAMC”) require that a landscaped area not less than fifteen feet wide be maintained along any property line that abuts a street. The Applicant is specifically requesting approval of Variance No. 2025-01 to allow a seven- and one- foot wide landscaped area along Fairview Street and five-foot landscaped area along McFadden Avenue. C. Section 41-416 and 41-372(b) of the SAMC require that a landscaped area not less than five feet wide be maintained along any property line that abuts residential purposes from any off-street parking area. The Applicant is specifically requesting approval of Variance No. 2025-01 to allow a zero- foot wide landscaped area along the property lines abutting residential zones and land uses. D. As part of the overall entitlement request, the Applicant is seeking a separate approval of CUP No. 2025-03 pursuant to Section 41-199.4 of the SAMC to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 1,000 linear feet of a public park, school (K-12) as defined by Section 11362.768 of the Health and Safety Code, or residential zones. E. 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 SAMC Resolution No. 2025-38 Page 2 of 14 F. On December 8, 2025, the Planning Commission of the City of Santa Ana held a duly-noticed public hearing on Variance No. 2025-01. G. 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. 2025-01, for reduced front-yard landscaped area, have been established 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. The subject properties at 1001 S. Fairview Street and 2745 W. McFadden Avenue have unique site constraints related to their configuration, shallow depth, and adjacency to residential uses along the north and east property lines. These conditions limit feasible building placement and circulation options while maintaining compliance with required setbacks, drive-aisle widths, and parking standards. Strict application of the required 15-foot front landscape setback and 5-foot buffer adjacent to residential uses would restrict safe and functional vehicle circulation, particularly for fuel delivery trucks and 90-degree parking maneuvers, and would significantly reduce developable area on-site. The requested reduced setbacks allow the Project to maintain adequate circulation and parking while providing landscape and design enhancements that improve site functionality and aesthetics. Without the requested variance, the Project would need to be substantially redesigned, resulting in a loss of parking, reduced building area, and impaired site feasibility. Therefore, the special circumstances of the site justify the reduced setbacks, which are consistent with the intent of the zoning code to promote safe, efficient, and visually compatible development. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Approval of the requested variance is necessary for the preservation and enjoyment of substantial property rights compared to those of other properties in the same zoning district. The reduction of the side-yard (abutting residential uses) and front-yard landscaped setbacks enables the Project to be designed to ensure safe circulation for all types of vehicles and to meet the City’s off-street parking requirements and site circulation standards. Without the reduction, the Project would need to be substantially redesigned, resulting Resolution No. 2025-38 Page 3 of 14 in reduction of building square footage and negative impacts to the feasibility of the site’s development. Additional impacts would include a reduction in drive-aisle lane widths, creation of onsite circulation hazards, and/or relocation of the drive- through lane. Approval of the variance enables a balanced site layout that accommodates safe vehicle movement, maintains adequate parking supply, and supports the successful redevelopment of this existing commercial center without adversely affecting the surrounding community. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of this Variance will not be detrimental to the public welfare or injurious to surrounding property. The proposed Project will revitalize an underutilized and deteriorated commercial site, enhancing the visual quality and overall appearance of the area. The Project features modern architecture, upgraded landscaping, and neighborhood- serving commercial uses that will contribute positively to the community. The neighboring commercial and residential developments will not be affected by the reduced front-yard landscaped area. The proposed Project is meticulously designed to provide the safest fuel truck circulation route, ample space for drive aisles, and incorporates a site plan that minimizes disruptions for the neighboring residential properties to the east of the subject site. To achieve functional site design and efficient circulation, the Project also includes a lot line adjustment, resulting in a site area of approximately 32,459 square feet for 2745 W. McFadden Avenue and 69,221 square feet for 1001 S. Fairview Street. The site’s unique configuration and proximity to residential uses create physical constraints that justify the requested setback reductions. Granting this Variance will facilitate a well-planned and compatible redevelopment that promotes community reinvestment, economic growth, and improved neighborhood aesthetics, consistent with the intent of the zoning code and the City’s General Plan goals. 4. That the granting of a variance will not adversely affect the General Plan of the city. The approval of the proposed Project will be consistent with the General Plan land use designation of General Commercial (GC), which supports the development of highly visible and accessible shopping opportunities along arterial corridors. Additionally, this designation supports the development and continued operation of recreational, cultural, and entertainment Resolution No. 2025-38 Page 4 of 14 opportunities near established residential neighborhoods. The Project would provide an added amenity and would promote a land use that enhances the City’s economic fiscal viability and mitigates any potential impacts to the surrounding community. Furthermore, approval of this application would be consistent with several goals and policies of the General Plan, specifically Goals 2 and 3 of the Land Use (“LU”) Element and Goals 1, 2 and 3 of the Economic Prosperity (“EP”) Element as discussed below. • Goal LU-2: Land Use Needs – Provide a balance of land uses that meet Santa Ana’s diverse needs o Policy 2.7 Business Incubator – Support land use decisions that encourage the creation, development, and retention of business in Santa Ana The Project is consistent with Goal LU-2 and Policy 2.7 as it actively contributes to fostering land use decisions that promote the establishment, growth, and sustainability of business in Santa Ana. The construction of a new commercial building and service station along two major corridors will continue to encourage a wide range of commercial uses that benefit the existing neighborhood and the surrounding community. The placement of the proposed commercial building and service station will enhance the immediate area. • Goal LU-3: Compatibility of Uses – Preserve and improve the character and integrity of existing neighborhoods and districts. o Policy 3.1 Community Benefits – Support new development which provides a net community benefit and contributes to neighborhood character and identity. The proposed Project is consistent with Goal LU-3 and Policy 3.1 as it is designed to revitalize the currently dilapidated and aging site, presenting a tangible improvement that will greatly benefit the neighboring community. Moreover, the construction of a new convenience store will assist the integrated commercial site by bringing in new customers. Additionally, the construction of the new service station will also strengthen the commercial viability and enduring success of the establishment. • Goal EP-1: Job Creation and Retention – Foster a dynamic local economy that provides and create employment opportunities for all residents in the City. Resolution No. 2025-38 Page 5 of 14 o Policy 1.2 Attract Business – Promote new and retain existing job-producing businesses that provide living-wage employment opportunities. The Project is consistent with Goal EP-1 and Policy 1.2, as the proposed improvements would help generate additional economic growth and stability in the City by further activating underutilized parcels and helping generate property and sales tax revenue. Furthermore, the proposed Project would help create a job-producing establishment thereby providing employment opportunities to Santa Ana residents. • Goal EP-2: Diverse Economic Base – Maintain and enhance the diversity and regional significance of the city’s economic base. o Policy 2.2 Deliberate Investment – Pursue business attraction and retention prospects in sectors which broaden and strengthen the local economy The Project is consistent with Goal EP-2 and Policy 2.2 as it actively contributes to the attraction and cultivation of a new business within the City of Santa Ana. By upgrading the existing convenience store business and constructing a new service station, this initiative will enhance the local business landscape and strengthen the overall economy. The proposed development is anticipated to improve economic growth by generating significant property and sales tax revenue. This infusion of revenue solidifies the financial health of the business itself and contributes to the broader economic sustainability of Santa Ana. • Goal EP-3: Business Friendly Environment – Promote a business-friendly environment where businesses thrive and build on Santa Ana’s strengths and opportunities. o Policy 3.7 Facilitating Investment – Promote a solution-based customer focus in order to facilitate additional development and investment in the community. o Policy 3.8 Comprehensive Analysis of Land Use – Pursue a balance of fiscal and qualitative community benefits when making land use decisions. The Project would be consistent with Goal EP-3 and Policies 3.7 and 3.8, as it provides for redevelopment of existing underutilized properties and promotes new commercial Resolution No. 2025-38 Page 6 of 14 development that would provide services to the community and visitors. Moreover, the Project would enhance the intersection at McFadden Avenue and Fairview Street and compete with nearby commercial businesses. Lastly, by working on an improved site design with the applicant, staff ensured that the Project provided a high level of community investment to ensure the safety of residents, workers, and visitors in the area. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3). Class 3 exemption applies to new construction or conversion of small structures including commercial buildings not exceeding 10,000 square feet. The Project proposes to construct a total of 9,986 square feet of commercial buildings and structures for the proposed service station within an urbanized area. Additionally, the Project is located in an urbanized area, has adequate public services, and does not involve unusual circumstances or significant environmental impacts. Moreover, the Project does not impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. As such, a Notice of Exemption, Environmental Review No. 2022-111, will be filed for this project. Although the Project is exempt from CEQA, the City retained qualified environmental consultants to prepare technical studies to ensure that potential impacts related to air quality, greenhouse gas emissions, health risks, noise, and vibration were fully analyzed. These technical studies have been included as part of the staff report for the Planning Commission’s consideration. The results of these studies confirm that the Project will not create significant environmental impacts during either construction or operation. The Air Quality and Greenhouse Gas (GHG) Emissions Assessment, including Health Risk Assessment (HRA), determined that the emissions from construction and long-term operations would remain below regional and state significance thresholds. The study also found that exposure to toxic air contaminants would be well below acceptable health risk levels, confirming that the Project will not adversely affect nearby sensitive receptors. Moreover, the Noise and Vibration Impact Assessment evaluated anticipated construction and operational noise. The study determined that the construction related noise from demolition, site preparation, grading, building construction, and paving would not exceed the construction noise standard threshold, and all construction activities will be limited to the hours of 7:00 a.m. to 8:00 p.m. during the weekdays in compliance with SAMC Sections 18-308 through 18-321. Operational noise from fueling, vehicle circulation, and delivery activities is expected to have minimal impact on surrounding land uses. Based on these findings, staff concludes that the Project will not result in significant environmental impacts, will not cumulatively contribute to regional air or noise pollution, and is consistent with the intent of CEQA. Therefore, no further environmental review is required beyond the Class 3 categorical exemption determination. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized Resolution No. 2025-38 Page 7 of 14 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. 2025-01, as conditioned in Exhibit A, attached hereto and incorporated herein, to allow a reduced front-yard landscaped area of one and seven feet and a reduced rear-yard landscaped area of zero feet abutting residential zones and land uses for the property located at located at 1001 S. Fairview Street and a reduced front-yard landscaped area of five feet for the property at 2745 W. McFadden Avenue, based on the findings contained in Section 1. This decision is based upon the evidence submitted at the above-referenced hearing, including but not limited to: The Request for Planning Commission Action dated December 8, 2025, and 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, Alan Woo (5) NOES: Commissioners: ABSENT: Commissioners: Manuel J. Escamilla (1) ABSTENTIONS: Commissioners: Isuri S. Ramos (1) _______________________ Isuri S. Ramos Chairperson Resolution No. 2025-38 Page 8 of 14 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Gema Zapien, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-38 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 8, 2025. Date: ________________ ____________________________________ Gema Zapien Recording Secretary City of Santa Ana APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Melissa M. Crosthwaite Senior Assistant City Attorney 12/08/2025 Resolution No. 2025-38 Page 9 of 14 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2025-03 Conditional Use Permit (“CUP”) No. 2025-03 allowing the operation of a noxious use to be 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. The Applicant must comply with each and every condition listed below in order to exercise the rights conferred by this CUP. 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 CUP. 1. All proposed site improvements must conform to the Development Project Review (DP No. 2022-37) and the staff report exhibits. 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. Fuel deliveries shall occur only between 10:00 p.m. and 6:00 a.m. Delivery trucks shall remain on-site during unloading and shall not obstruct driveways or adjacent streets. 4. The Applicant shall comply with the findings of the Air Quality and Greenhouse Gas Emissions Assessment and the Noise and Vibration Impact Assessment. If ongoing operations exceed City or SCAQMD standards, corrective measures shall be implemented to the satisfaction of the Planning Manager. 5. The Applicant shall provide on-site security from 7:00 p.m. to 6:00 a.m. daily at 1001 S. Fairview Street and 2745 W. McFadden Avenue. Removed by the Planning Commission on December 8, 2025. 6. The Applicant shall install and maintain vapor recovery systems compliant with SCAQMD requirements and ensure regular inspection to prevent odor or vapor release. 7. Prior to the issuance of a building permit, the Applicant shall submit a full landscape and irrigation plan to the Planning Division for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, the City’s Water Efficient Landscape Ordinance, and the City of Santa Ana Tree Species Guide (“Guide”). 8. The recorded Lot Line Adjustment shall be submitted prior to the building permit issuance to ensure accurate depiction of property boundaries and setbacks for the Resolution No. 2025-38 Page 10 of 14 new convenience store and service station for the property at 2745 W. McFadden Avenue. Evidence of recordation shall be provided to the Planning Division. 9. The Applicant shall maintain all drive-aisle widths, turning radii, and truck circulation paths as shown on the approved site plan. Any modification to circulation or loading areas that affects vehicular movement or reduces drive-aisle widths shall require review and approval by the Planning and Building Agency prior to implementation. 10. Prior to the issuance of building permits, the Applicant shall revise the architectural plans for Elevation B (north-facing elevation) of the convenience store building to incorporate enhanced architectural detailing, materials, and design features that ensure compatibility with the remainder of the convenience store and with the adjacent commercial building’s outdoor dining area. The revised elevation shall: a. Fully integrate all electrical panels and related utility equipment into the building’s architectural footprint through the use of upgraded materials, screening elements, recessing, or other design treatments that prevent these components from appearing as add-on or visually obtrusive elements; b. Include additional architectural articulation, such as enhanced wall treatments, façade modulation, upgraded materials, spandrel windows, openings, or other design elements that improve visual interest and eliminate the appearance of a blank or monotonous façade; and c. Provide supplemental landscape screening where appropriate to soften views of the elevation from the internal circulation areas and any outdoor dining area(s). d. Ensure all electrical panels and related equipment for the proposed new construction are fully incorporated into the building’s architectural design and footprint. The placement, screening, and finish of these elements shall be consistent with the materials and style of the building to maintain visual harmony and avoid detracting from the overall aesthetics. 11. Prior to the issuance of building permits, the Applicant shall revise the architectural plans for Elevation D (south-facing elevation), and any accompanying floor plans, of the convenience store building to incorporate additional storefront windows that establish visibility onto the adjacent landscaped areas and public right-of-way. 12. The Applicant shall submit final design details for all landscaping, exterior lighting, and the new outdoor dining area, including seating layout, materials, fencing, enclosure design (if applicable), hardscape finishes, and shade structures, to the Planning and Building Agency for review and approval. All design components shall be consistent with the Citywide Design Guidelines and shall enhance the visual quality and pedestrian experience of the integrated shopping center. All improvements shall be installed as approved and maintained for the life of the project. Resolution No. 2025-38 Page 11 of 14 13. All landscaping shall be installed per the approved landscape and irrigation plan. In addition, all landscaping along the east property line and in parking lot planters 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. 14. All parking spaces and access drives shall be clearly striped and signed in accordance with the City's standards and the approved site plan. The Applicant shall ensure unobstructed vehicular access to and from McFadden Avenue and Fairview Street at all times. No parking or loading shall be permitted within drive aisles or fire lanes. 15. Prior to issuance of grading or building permits, the Applicant shall submit a Construction Staging and Safety Plan identifying locations for construction equipment, materials storage, worker parking, and truck access routes. The plan shall ensure that all construction activity occurs entirely on-site and shall be reviewed and approved by the Public Works Agency and Planning Division. 16. As part of the Building plan check process and prior to Building permits issuance, the applicant must include a minimum of six (6) electric vehicle (EV) charging stations on site. The EV charging stations may be clustered together on a single portion of the site; if dispersed throughout the site, a minimum of one (1) EV charging station shall be included on the portion of the site that includes the service station. All mechanical equipment for the EV charging stations shall be screened from view using a combination of landscaping, solid walls, and/or berming, as approved on the approved landscape plans during the Building plan check process. 17. Site illumination levels shall remain in compliance with Section 8-211 (Special Commercial Building Provisions) of the Santa Ana Municipal Code (SAMC) at all times. Lighting fixtures shall be shielded and directed downward to prevent glare or light spillover onto adjacent properties. 18. All exterior lighting shall be shielded and directed downward to avoid light spillover onto adjacent properties. Security cameras shall cover all fueling areas, building entrances, and parking lots. Footage shall be retained for at least 30 days and made available to the Santa Ana Police Department upon request. If the Chief of Police determines there is a documented increase in police-related incidents attributable to the proposed use, the Applicant/Property Owner may be required to provide uniformed, state-licensed security guards in a number and schedule determined by the Chief of Police. 19. Prior to issuance of a building permit, the Applicant and/or Property Owner shall submit a security plan for the entire integrated shopping center for review and approval by the Planning and Building Agency (PBA) and the Santa Ana Police Department. The security plan shall include enhanced security measures including the latest technology to ensure adequate monitoring to prevent illicit activities and to verify the age of patrons for the purposes of alcohol sales at any existing or future licensed establishments on site; handling patrons involved in fighting, arguing or Resolution No. 2025-38 Page 12 of 14 loitering about the integrated shopping center, and/or in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s); and procedures for calling the police regarding observed or reported criminal activity. The plan shall also detail lighting levels, camera placement, and safety coordination measures, subject to review and approval by the Santa Ana Police Department. The approved security plan shall be implemented prior to occupancy and maintained throughout the life of the CUP. Modified by the Planning Commission on December 8, 2025. 20. Prior to submittal into building plan, the site plan shall be revised to relocate the water and air pump to the parking space closest to the Fairview Street driveway. Additionally, the pedestrian walkway leading to the convenience store shall be revised to provide a direct connection from the store entrance to the public sidewalk. Added by the Planning Commission on Monday, December 8, 2025. 21. Prior to issuance of a building permit, the Applicant shall submit an operating plan illustrating preventative measures that will be taken to contain fuel spills and drainage of fuel spills into the biofiltration basins proposed as part of the overall site plan improvements. Added by the Planning Commission on December 8, 2025. 22. To the extent feasible, the Applicant shall retain the two character/architectural monuments located outside the existing restaurant known as Husky Boy Restaurant, facing McFadden Avenue. Added by the Planning Commission on December 8, 2025. 23. Prior to issuance of a building permit, the Applicant shall submit a sign program application and plans for the entire integrated shopping center for review and approval by the Planning and Building Agency (PBA) in compliance with Section(s) 41-850 through 41-1000 of the SAMC. Additionally, all the nonconforming cabinet, monument, and pole signs shall be removed prior to building permit final and issuance of any certificates of occupancy. 24. The business owner shall maintain and adhere to a “Good Neighbor Policy,” implementing measures to ensure patrons comply with applicable noise, parking, and outdoor smoking regulations, and removing litter and preventing loitering in the areas in the immediate vicinity of the business. 25. The Applicant shall maintain the site as necessary, including but not limited to: the repair and upkeep of the property; cleanup of trash and debris; repair and upkeep of any damaged and/or weathered components of the building; repair and upkeep of exterior paint; parking striping, lighting and irrigation fixtures; landscaping and related landscape, furnishing, and hardscape improvements. 26. 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. Resolution No. 2025-38 Page 13 of 14 27. 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. 28. Within 90 days of the adoption of this resolution, a Property Maintenance Agreement must be recorded against all properties. The Agreement will be 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. Developer/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 the agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. 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; adherence to approved project phasing etc.), if applicable; 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) if applicable; 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 about and immediately adjacent to 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 Developer/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; Resolution No. 2025-38 Page 14 of 14 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 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.