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Home My WebLink About2026-042 - Density Bonus for 2101 East Fourth Street RESOLUTION NO. 2026-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2026-01 TO ALLOW DEVELOPMENT OF A 274-UNIT MIXED-USE RESIDENTIAL DEVELOPMENT, INCLUDING FOURTEEN UNITS PROPOSED AS AFFORDABLE TO EXTREMELY LOW-INCOME HOUSEHOLDS, AND APPROXIMATELY 20,714 SQUARE FEET OF GROUND- FLOOR COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 2101 EAST FOURTH STREET (APN: 400- 041-03) BE IT RESOLVED BY THE City Council OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Randy Barth with Think Together, a California nonprofit corporation ("Applicant" and "Property Owner"), represented by Christine Saunders (application-listed contact person), is requesting approval of Density Bonus Agreement - Application No. 2026-01 to facilitate the development of a seven-story mixed- use residential development consisting of 274 residential dwelling units, including 14 units proposed as affordable to extremely low-income households, and approximately 20,714 square feet of ground-floor commercial space for the property located at 2101 East Fourth Street ("Project"). B. The California Density Bonus Law generally allows developers to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law also generally allows developers to seek incentives/concessions or waivers of, or reductions in, development standards. C. Section 41-1607 of the Santa Ana Municipal Code (SAMC) requires an application for a deviation (incentives/concessions and/or waivers or reductions) to be approved by the Planning Commission. D. On May 28, 2026, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and, at that time, considered all testimony, written and oral, and approved Site Plan Review No. 2026-01 and, pursuant to State Density Bonus Law, one (1) incentive/concession and two (2) waivers or reductions of development standards, to be memorialized in Density Bonus Agreement No. 2026-01. The incentivelconcession and waivers relate to the maximum building setback along Parkcenter Drive, publicly accessible open space, and building height. Resolution No. 2026-042 Page 1 of 4 E. On June 3, 2026, Supporters Alliance for Environmental Responsibility timely filed Appeal Application No. 2026-01, challenging the Planning Commission's approval of Site Plan Review No. 2026-01, the density bonus incentivelconcession and waivers, and the Planning Commission's determination that the Project is exempt from further environmental review pursuant to Section 15168 of the California Environmental Quality Act("CEQA") Guidelines. F. On August 4, 2026, the City Council held a duly noticed public hearing on Appeal Application No. 2026-01 and, following consideration of the administrative record and all written and oral testimony, denied the appeal, thereby upholding the Planning Commission's approval of Site Plan Review No. 2026-01, the one (1) incentive/concession and two (2) waivers or reductions of development standards, and the Planning Commission's environmental determination. G. The Project provides 439 structured parking spaces for residents, guests, and commercial patrons, exceeding the minimum 359 parking spaces required pursuant to State Density Bonus Law. The Project also includes ongoing parking management measures to be incorporated into the recorded Covenants, Conditions, and Restrictions ("CC&Rs"), including guest parking permit requirements, parking time limitations, towing enforcement provisions, and routine inspections to ensure parking spaces remain available for vehicle parking. H. The Project provides 14 on-site units designated for extremely low-income households earning 30 percent of area median income. The affordable units will be dispersed throughout the development and will be indistinguishable from the market-rate units. The Project thereby satisfies the rental affordable housing requirements of the City's Affordable Housing Opportunity and Creation Ordinance. I. Pursuant to SAMC Section 41-1602(d), approval of Density Bonus Agreement No. 2026-01 is within the purview of the City Council. J. On September 15, 2026, the City Council of the City of Santa Ana held a regular meeting and considered approval of Density Bonus Agreement No. 2026-01. K. The City Council hereby approves Density Bonus Agreement No. 2026-01. The Agreement allows for construction of the proposed Project in accordance with State Density Bonus Law and the SAMC and memorializes the Project's affordable housing obligations, the one (1) incentivelconcession and two (2) waivers or reductions of development standards previously approved by the Planning Commission and upheld by the City Council, and other terms necessary to implement the Project in accordance with Site Plan Review No. 2026-01, as conditioned. Resolution No. 2026-042 Page 2 of 4 Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the Project is exempt from further environmental review pursuant to CEQA Guidelines Section 15168 (Program EIR). The Project is within the scope of the certified 2007 Metro East Mixed-Use Overlay Zone ("MEMU") Program Environmental Impact Report("EIR") and the certified 2018 MEMU Subsequent EIR. A CEQA Guidelines Section 15168 Consistency Memorandum was prepared for the Project to determine whether the Project would result in new or more severe environmental effects beyond those previously identified or whether substantial changes in the Project, surrounding circumstances, or available information would require additional environmental review. The Consistency Memorandum was peer reviewed by City staff, which determined that the Project would not result in new or more severe environmental effects beyond those previously identified and that no substantial changes in environmental circumstances require further environmental review. All applicable mitigation measures from the MEMU Program EIR and Subsequent EIR shall be incorporated into the Project. On May 28, 2026, the Planning Commission determined that the Project is exempt from further environmental review pursuant to CEQA Guidelines Section 15168. On August 4, 2026, the City Council denied Appeal Application No. 2026-01 and upheld the Planning Commission's environmental determination. Accordingly, no additional environmental review is required in connection with the City Council's approval of Density Bonus Agreement No. 2026-01. Environmental Review No. 2025-01 applies to the Project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local _ constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The City Council of the City of Santa Ana, at its regular meeting, hereby approves Density Bonus Agreement No. 2026-01 and authorizes the City Manager to execute the Agreement in a form approved by the City Attorney. This approval is based on the written materials submitted, including: the Request for Planning Commission Action dated May 28, 2026; the Request for City Council Action dated August Resolution No. 2026-042 Page 3 of 4 4, 2026, concerning Appeal Application No. 2026-01; and the Request for City Council Action dated September 15, 2026, and their respective exhibits. Section 5. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this resolution. ADOPTED this 15th day of September, 2026. eri A a M or APPROVED AS TO FORM: Sonia R. Carvalho,-City Attorney ib";By: Melissa M. Crosthwaite Senior Assistant City Attorney AYES: Councilmembers Amezcua, Bacerra, Hernandez, Lopez, Penaloza Vazquez 6 NOES: Councilmembers None 0 ABSTAIN: Councilmembers Phan (1) ABSENT: Councilmembers None 0 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-042 to be the original resolution adopted by the City Council of the City of Santa Ana on September 15, 2026. Date: ennifer all City CI y of San a na Resolution No. 2026-042 Page 4 of 4