HomeMy WebLinkAboutLINE AT SANTA ANA LLC, THE A-2016-022RECORDING REQUESTED BY
AND WHEN RECORDED (NAIL TO:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, California 92701
Attention. City Cleric
To be recorded without fee, (Space Above This line For Recordar`s Use Only)
(Government Code, §§ 6103 and 27363)
INCLUSIONARY HOUSING AGREEMENT
THIS INCLUSIONARY HOUSING AGREEMENT is dated as of February 16,
2016, by and between the CITY OF SANTA ANA, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State
of California, and The Line at Santa Ana, LLC, a limited liability company
( "Developer ").
IBC'-- 411IF -11
A, The City's Housing Opportunity ( "Ordinance ") was originally adopted by
the City Council on November 28, 2011 and is codified in Article XVIIIA
Section 41 —1900 of the City's Municipal Code. The Ordinance was
amended by the City Council on September 1, 2015, in Ordinance No.
NS -2881, and on October 6, 2015, in Ordinance No, N8 -2885.
B. The Developer is the fee owner of the Property located at 3630 W,
Westminster, Santa Ana, California.
C, The Developer desires to, at the Developer's sole cost and expense,
develop a two hundred and twenty eight (228) unit Project on the Property.
D. On January 25, 2016, the Planning Commission adopted a resolution
approving Site Plan Review No. 2016 -01, which sets forth the City
Approvals for the Project.
IIncluslonary Housing Agreement Page 1
City of Santa Ana
E. On December 21. 2095, the Program Director, acting on behalf of the City,
approved an Inclusionary Housing Plan that was prepared by the
Developer in accordance with the requirements imposed by the
Ordinance.
F. This Inclusionary Housing Agreement, when fully executed by the City and
the Developer and recorded, is intended to satisfy the requirement that the
Developer enter into an Inclusionary Housing Agreement, as set forth in
the Ordinance and the conditions to City Approvals.
NOW, THEREFORE, in consideration of the mutual promises set forth in this
Inclusionary Housing Agreement and other good and valuable consideration, the
receipt and sufficiency of which Is acknowledged by the City and the Developer,
the Parties, agree as follows:
DEFINITIONS OF TERMS
The following words, terms and phrases are used in this Inclusionary Housing
Agreement, as follows, unless the particular context of usage of a word, term or
phrase requires another interpretation.
Administrative Procedures means the regulations promulgated by the
Executive Director pursuant to the Ordinance.
City means the City of Santa Ana, California,
City Approvals are defined as the entitlement approvals and the Inclusionary
Housing Plan that must be approved by the Program Director prior to the
issuance of building permits for the Project.
City Council means the City of Santa Ana City Council.
Default means the failure of a Party to perform any action or covenant required
by this Inclusionary Housing Agreement within the time period provided herein
following notice and opportunity to cure, as set forth in Article 3 — Section I of this
Inclusionary Housing Agreement.
Developer means the developer of the Project.
Induslonary Housing Agreement Page 2
City of Santa Ana
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, California 92701
Attention: City Clerk
A- 2016 -022
(Government Code, §§ 6103 and 27383)
A- 2016 -022
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk- Recorder
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0.00 0.00 0.00 0.00 81.00 0.00 0.00 0.00
INCLUSIONARY HOUSING AGREEMENT
THIS INCLUSIONARY HOUSING AGREEMENT is dated as of February 16,
2016, by and between the CITY OF SANTA ANA, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State
of California, and The Line at Santa Ana, LLC, a limited liability company
( "Developer").
RECITALS
A. The City's Housing Opportunity ( "Ordinance ") was originally adopted by
the City Council on November 28, 2011 and is codified in Article XVIII.1
Section 41 -- 1900 of the City's Municipal Code, The Ordinance was
amended by the City Council on September 1, 2015, in Ordinance No.
NS -2881, and on October 6, 2015, in Ordinance No. NS -2885.
B. The Developer is the fee owner of the Property located at 3630 W.
Westminster, Santa Ana, California.
C. The Developer desires to, at.the Developer's sole cost and expense,
develop a two hundred and twenty eight (228) unit Project on the Property.
D. On January 25, 2016, the Planning Commission adopted a resolution
approving Site Plan Review No. 2016 -01, which sets forth the City
Approvals for the Project.
Inoluslonary Housing Agreement page 1
Clty of Santa Ana
i
I
Effective Date means the date on which this Inclusionary Housing Agreement is
approved and executed by appropriate authorities of the Developer and the City;
and this Inclusionary Housing Agreement is delivered to the Developer.
Executive Director is the Executive Director of the Community Development
Agency of the City. The Executive Director, or designee, has the ultimate
authority to evaluate appeals submitted in relation to the Administrative
Procedures.
Exhibits means the exhibits to this Inclusionary Housing Agreement, which are
listed in Article 1 - Section V.
Inclusionary Housing Fund means a separate fund of the City which is codified
in Article XVIII.1 Section 41 -1909 of the City's Municipal Code. The fund was
established for the specific purpose of providing the City with funds to assist in
the development of housing that is affordable to low and moderate Income
households,
Inclusionary Housing Plan means a plan submitted for approval to the Program
Director that details the manner in which the Inclusionary Housing obligations will
be fulfilled by the Project, The Inclusionary Housing Plan is attached as Exhibit 3
to this Inclusionary Housing Agreement,
In-Lieu Fee refers to a fee that may be paid by the Property Owner in specific
circumstances in lieu of providing Inclusionary Units within a Project, as provided
In the Ordinance.
Ordinance means the Housing Opportunity Ordinance originally adopted by the
City Council on November 28, 2011, and as amended by the City Council on
September 1, 2015, in Ordinance No, NS- 2£381, and on October 6, 2015, in
Ordinance No. NS -2885, which is codified in Article XVI11.1 Section 41 -1900 et
seq, of the City's Municipal Code,
Party and Parties mean the City and the Developer as parties to this
Inclusionary Housing Agreement.
Program Director has the day -to -day authority for making determinations
related to the Ordinance and its implementation. The Program Director will be
appointed by the Executive Director.
_.. _ _ --
IndusianaryHousing Agreement Page 8
Uty of Santa Ana
Project means the housing project proposed to be developed on the Property at
the Developer's sole cost and expense.
Property means the real property, as shown on Exhibit 2 attached to this
Inclusionary Housing Agreement, on which the Project is to be developed, for
which the legal description is provided in Exhibit 1 to this Inclusionary Housing
Agreement.
Incluslonary Housing Agreement W Page 4
City of Santa Ana
ARTICLE 1
PARTIES; REPRESENTATIONS AND WARRANTIES; EFFECTIVE
DATE; RECITALS; AND EXHIBITS
L Parties to this Inclusionary Housing Agreement
1 -A, City. The City is a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California. The
address of the City, for the purposes of this Inclusionary Housing
Agreement, is:
City of Santa Ana
Community Development Agency
20 Civic Center Plaza, M -26
Santa Ana, California 92701
Attention: Program Director
Facsimile Number: (714) 647 -6549
I -B. Developer. The Developer is a limited liability company. The principal
office and address of the Developer, for the purposes of this Inclusionary
Housing Agreement, is:
The Line at Santa Ana, LLC
1880 Century Park East, Suite 600
Los Angeles, CA 90067
Attention: Charles Tourtellotte
II. Developer Representations And Warranties
The representations and warranties of the Developer contained in Article 1 --
Section II shall be based upon the actual knowledge of the Developer as of the
Effective Date, and are true and correct as of the Effective Date. The
Developer's liability for misrepresentation or breach of warranty, representation
or covenant, wherever contained in this Incluslonary Housing Agreement, shall
survive the execution and delivery of this Inclusionary Housing Agreement.
Indusionary Housing Agreement
Page 5
City of Santa Ana
The Developer hereby makes the following representations, covenants and
warranties, and Developer acknowledges that the execution of this Inclusionary
Housing Agreement by the City has been made in material reliance by the City
on such covenants, representations and warranties:
II -A. The Developer is a limited liability company, lawfully entitled to do
business in the State of California and the City. The Developer has the
legal right, power and authority to enter into this Incluslonary Housing
Agreement and the instruments and documents referenced herein and to
consummate the transaction contemplated hereby. The persons
executing this Inclusionary Housing Agreement and the instruments
referenced herein on behalf of the Developer hereby represent and
warrant that such persons have the power, right and authority to bind the
Developer.
II -B. The Developer has taken all requisite action and obtained all requisite
consents In connection with entering into this Incluslonary Housing
Agreement and the instruments and documents referenced herein and the
consummation of the transactions contemplated hereby, and no consent
of any other party is required for the Developer's authorization to enter into
this Inclusionary Housing Agreement.
II -C. Neither the execution of this Inclusionary Housing Agreement nor the
consummation of the transactions contemplated hereby shall result in a
breach of or constitute a default under any other agreement, document,
instrument, or other obligation to which the Developer is a party or by
which the Developer may be bound, or to the best of the Developer's
knowledge, under any law, statute, ordinance, governmental regulation or
any writ, injunction, order or decree of any court or governmental body
applicable to the Developer or to the Property.
II -D. This Inclusionary Housing Agreement is, and all agreements, instruments
and documents to be executed by the Developer pursuant to this
Inclusionary Housing Agreement shall be duly executed by, and to the
best of the Developer's knowledge, are or shall be valid and legally
binding upon the Developer and enforceable in accordance with their
respective terms.
Incluslonary Housing Agreement Page 6
City of Santa Ana
Ill. Effective bate
This Inclusionary Housing Agreement is dated February 16, 2016 for reference
purposes only. This Inclusionary Housing Agreement shall not go Into effect
before the Effective Date.
IV. Recitals
The Recitals set forth above are true and correct. The Recitals are incorporated
into this Inclusionary Housing Agreement in their entirety by this reference.
V. Exhibit List
The following is a list of the exhibits attached to this Inclusionary Housing
Agreement. Each of the exhibits Is incorporated by reference into the text of this
Inclusionary Housing Agreement,
Exhibit 1 Legal Description of Property
Exhibit 2 Site Map Depicting Property and Zoning Designations
Exhibit 3 Inclusionary Housing Plan
Incluslonary Housing Agreement _ Page 7
City of Santa Ana
ARTICLE 2
INCLUSIONARY HOUSING COVENANTS
Developer Compliance with the Ordinance
The Developer acknowledges that the City has provided the Developer with
copies of the Ordinance. The Developer is famillar with the requirements of the
Ordinance and shall ensure that the Project complies in all material respects with
this Inclusionary Housing Agreement and the requirements set forth in the
Ordinance.
II. In -Lieu Fee
In lieu of providing any Inclusionary units, the Developer shall pay to the City the
sum of $1,221,437.20 prior to obtaining the first building permit related to the
Project.
Inclusionary Housing Agreement page 8
City of Santa Ana
ARTICLE 3
DEFAULTS AND REMEDIES
Default
If either Party defaults with regard to any provision of this Inclusionary Housing
Agreement, the non - defaulting Party shall serve written notice of such default
upon the defaulting Party. If, after the service of written notice of such default,
the defaulting Party does not cure such default within thirty (30) calendar days
after service of the notice of default (or, if such cure reasonably takes longer than
thirty (30) days, if such cure has not been commenced within the thirty (30) day
period or is not diligently completed within a reasonable time, not to exceed an
additional sixty (60) calendar days), the defaulting Party shall be in Default of the
terms of this Inclusionary Housing Agreement, and shall be liable to the other
Party for damages caused by such Default. Alternatively, the non - defaulting
Party, at its option, may institute an action for specific performance of the terms
of this Inclusionary Housing Agreement.
Legal Actions
In the event of a breach or potential breach of program requirements, in addition
to any other rights or remedies, either Party may institute legal action to cure,
correct or remedy any Default, to recover damages for any Default, or to obtain
any other remedy consistent with the purposes of this Inclusionary Housing
Agreement.
II -A. The City's actions may include, but are not limited to, the following:
The following legal actions:
Actions to enforce compliance with the program requirements and
to enjoin any actions by the Developer that violate program
requirements;
Actions to disapprove, revoke or suspend any permit, Including a
Building Permit, Certificate of Occupancy or other discretionary
approval;
C. Injunctive relief and damages; and
Inclusionary Housing Agreement Page 9
City of Santa Ana
d. Civil citations with monetary penalties for violations of the
Incluslonary Housing Agreement.
2. All such restitution shall be made to the City. Any funds received by the
City under this provision of this Inclusionary Housing Agreement shall be
placed in the City's Inclusionary Housing Fund.
II -B. The laws of the State of California shall govern the interpretation and
enforcement of this Inclusionary Housing Agreement.
II -C. In the event that any legal action is commenced by the Developer against
the City, service of process on the City shall be made by personal service
upon the Clerk of the City Council, or in such other manner as may be
provided by law.
II -D. In the event that any legal action is commenced by the City against the
Developer, service of process shall be made by personal service on the
Developer's designated agent at such address as may be specified in
written notice to the City, or In such other manner as may be provided by
law, and shall be valid whether made within or without the State of
California.
III. Rights and Remedies are Cumulative
The rights and remedies of the Parties are cumulative and the exercise by either
Party of one or more of such rights or remedies shall not preclude the exercise
by it, at the same or different times, of any other rights or remedies for the same
Default or any other Default by the other Party.
Inclusionary Housing Agreement Rage 10
City of Santa Ana
ARTICLE 4
GENERAL PROVISIONS
Notices, Demands and Communications (Between the Parties
Any and all notices, demands or communications submitted by any Party to
another Party pursuant to, or required by, this Inclusionary Housing Agreement
shall be proper if in writing and dispatched by messenger for immediate personal
delivery, or by registered or certified United States mail, postage prepaid, return
receipt requested, to the address of the City and Developer, as applicable, as
designated in Article 1 — Section I of this Inclusionary Housing Agreement. Such
written notices, demands and communications may be sent in the same manner
to such other addresses as either Party may from time-to -time designate as
provided in this Section.
Any notice, demand or communication shall be deemed to be received by the
addressee, on the day that it is personally delivered, If dispatched by messenger,
or two (2) calendar days after it is placed in the United States mail. In addition to
the submission of notices, demands or communications to the Parties via United
States mail, copies of all notices shall also be delivered by facsimile to the
facsimile numbers designated in Article 1 — Section I.
If. Conflict of Interest
No council member, official, contractor, consultant, attorney or employee of the
City having any conflict of interest, direct or indirect, related to this Inclusionary
Housing Agreement, or in the development of the Property, shall participate in
any decision relating to this Inclusionary Housing Agreement, The Parties
represent and warrant that they do not have knowledge of any such conflict of
interest.
Ill. Non - liability of City or City Officials and Employees
No council member, official, contractor, consultant, attorney or employee of the
City shalt be personally liable to the Developer, any voluntary or involuntary
successors and assignees, or any lender or other party holding any interest in
the Property, in the event of any default or breach by the City, or for any amount
which may become due to the Developer or to its successors or assignees, or on
any obligations arising under this Inclusionary Housing Agreement.
Inclusionary Housing Agreement Page 11
City of Santa Ana
IV. Indemnification
The Developer agrees to indemnify and hold the City, and their officers,
employees and agents, harmless from and against all damages, judgments,
costs, expenses and fees arising from or related to any negligent or wrongful act
or omission of the Developer in performing its obligations hereunder. The City
agrees to indemnify and hold the Developer and its officers, employees and
agents, harmless from and against all damages, judgments, costs expenses and
fees arising from or related to any negligent or wrongful act or omission of the
City in performing its obligations hereunder.
V. No Waiver
Failure to insist upon strict compliance with any of the terms, covenants,
conditions and restrictions hereof on any one occasion shall not be deemed a
waiver of such term, covenant, condition or restriction. Any waiver or
relinquishment of rights or powers hereunder at any one time or more times shall
riot be deemed a waiver or relinquishment of such other rights or powers at any
other time or times.
VI. Attorneys' Fees and Costs
If either Party hereto files any action, or brings any action or proceeding against
the other arising out this Inclusionary Housing Agreement, the prevailing Party
shall be entitled to recover its reasonable attorneys' fees and costs, The
recovery shall be treated as an element of its costs of the suit, and not as
damages. The amount of the recovery shall be fixed by the court in such action
or proceeding, or in a separate action or proceeding brought to recover such
attorneys' fees and costs.
VII. Jurisdiction and Venue
Any legal action or proceeding concerning this Indusionary Housing Agreement
shall be filed and prosecuted in the appropriate State of California court in
Orange County, California. Each Party hereto irrevocably consents to the
personal jurisdiction of that court. The City and the Developer each hereby
expressly waive the benefit of any provision of federal or state law or judicial
decision providing for the filing, removal, or change of venue to any other court or
jurisdiction, including without implied limitation, federal district court due to any of
the following:
Induslonary Housing Agreement _ Pago 12
City of Santa Ana
Any diversity of citizenship between the City and the Developer; or
2. The fact that the City is a party to such action or proceeding; or
3. That a federal question or federal right is involved or alleged to be
involved.
Without limiting the generality of the foregoing, the Developer and the City
specifically waive any rights provided to it pursuant to California Code of Civil
Procedure 394, The Developer acknowledges that the provisions of this Article 3
— Section VII are material consideration to the City for its entry into this
Inclusionary Housing Agreement, in that the City will avoid the potential cost,
expense and inconvenience of litigating in a distant forum.
VIIL Successors and Assigns
This Inclusionary Housing Agreement shall be binding upon, and inure to the
benefit of, the Parties hereto and their respective heirs, executors,
administrators, legal representatives, successors and assigns.
IX. No Third Party Beneficiaries
The performance of the City's and the Developer's respective obligations under
this Inclusionary Housing Agreement are not intended to benefit any party other
than the City or the Developer, except as expressly provided otherwise herein.
No person or entity not a signatory to this Inclusionary Housing Agreement shall
have any rights or causes of action against any Party to this Inclusionary Housing
Agreement as a result of that Party's performance or non - performance under this
Inclusionary Housing Agreement, or for the enforcement of any provisions of this
Agreement, except as expressly provided otherwise herein.
X, Entire Agreement
This Inclusionary Housing Agreement integrates all of the terms and conditions
mentioned herein or incidental hereto. This Inclusionary Housing Agreement
supersedes all negotiations or previous agreement between the Parties with
respect to all or any portion of the Property and the Project thereof.
Induslonary Housing Agreement Page 13
City of Santa Ana
XI. Recordation
The Developer and the City agree to permit recordation of this Inclusionary
Housing Agreement in the Office of the County Recorder of Orange County,
California.
XII, Termination
Upon satisfaction of the requirements detailed herein, this Inclusionary Housing
Agreement shall automatically and immediately terminate and shall have no
further force and effect. Upon the termination of this Inclusionary Housing
Agreement, the Developer shall have no further obligations or liability hereunder.
The City and the Developer agree to promptly execute, acknowledge and deliver
for recordation any documents that may be necessary to remove this
Inclusionary Housing Agreement as encumbrance against title to any portion of
the Property.
Indusionary Housing Agreement Page 14
City of Santa Ana
IN WITNESS WHEREOF, the Parties hereto have duly executed this
Inclusionary Housing Agreement as of the dates set forth below.
SIGNATURE PAGE
TO
INCLUSIONARY HOUSING AGREEMENT
CITY:
CITY OF SANTA ANA
A California Charter City and
Municipal Corporation
Sy: r
Name: David Cavazos
Its: CitV
Manaqer
Date: MAR 18
Az,jj iadF City Attorney
City of Santa Ana
lnduslonary Housing Agreement Page 15
City of Santa Ana
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California)
County of Orange)
On March 18. 2016 before me, Maria D. Huizar, Notary Public personally
appeared David Cavazos who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by
his signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
MARIA n U) 7420 WITNESS my hand and official seal.
Commission 8 9974202
;i Notary Public - California
Orange County
M Comm. Expires Apr 5, 2018+ Signature
(Seal)
CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING:
❑ Individual(s)
❑ Corporate
❑ Officers
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO
THE BELOW: INCLUSIONARY HOUSING AGREEMENT, THE LINE A SANTA ANA
NUMBER OF PAGES: DATE OF DOCUMENT: FEBRUARY 16. 2016
SIGNER (S) OTHER THAN NAMED ABOVE:
Title(s)
❑
Partner(s)
❑
General Partner of a Limited
❑
Partnership
❑
Attorney -in -Fact
❑
Trustee (s)
❑
Subscribing Witness
❑
Guardian /Conservator
❑
Other:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO
THE BELOW: INCLUSIONARY HOUSING AGREEMENT, THE LINE A SANTA ANA
NUMBER OF PAGES: DATE OF DOCUMENT: FEBRUARY 16. 2016
SIGNER (S) OTHER THAN NAMED ABOVE:
SIGNATURE PAGE
TO
INCLUSIONARY HOUSING AGREEMENT
DEVELOPER:
The Line at Santa Ana, LLC,
a Delaware limited liability company,
By: LaTerra Investments II, LLC,
a California limited liability company,
Its Manager
By: LaTerra Development, LLC
a California limited liability company,
Its Managing Member
E
`Lauren Boyd
Manager
Date 2/19/16
Inclusionary Housing
City of Santa Ana
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of / )
I Y/t/��[� r
On :Z i I /& before me, �Gy /lsny%✓ ww°� �1 / h�nl �i� �' "e' / //�✓� ✓�7
Date Here Insert Name and Title of the Officer
personally appeared Z-4,el i0V 4Sek,l l
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the Pon on(sf whose name is
sub Ibed to the within instrument and acknowled ed to me that may executed the same in
%s er it authorized capacity and that by r signature he instrument the person*k ,,
or the entity upon behalf of which the person�K acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
AD RIENNE MCCLELLAN WITNESS h nd and official seal.
• .,
Commission N 1967317 9 % a
a : , Notary Public • California i
a � ,r a Signature
Los Angeles County Si nature of ota Public
My Comm. 19, 2016 g ry
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: �d�ir ✓/Document
Number of Pages: 20 Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Sig ner(s
Signer's Name: �?C/�� (�S VI )
e
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
,individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Z;9 Y�k"W .lid
Date: .2 // q/ / eo%
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑
❑ Individual ❑ ney
❑ Trustee Guardiar
❑ Other:
Signerl epresenting:
in Fact
or Conservator
L@YAIIEIILIMRO. • • • • • • • :11 • �' :11 . •: •1
EXHIBIT 1
LEGAL DESCRIPTION OF PROPERTY
Incluslonary Housing Agreement— Ownership Project
City of Santa Ana January 7.016
LA2477117.1
22528810001
EXHIBIT 1
LEGAL DESCRIPTION OF PROPERTY
That certain real property situated In the City of Santa Ana, County of Orange, State of California,
described as follows:
PARCEL 2, OF PARCEL MAP NO, 80.885, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 155 PAGES 25 AND 26 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
Assessor's Parcel Number: 198- 081 -28
NIAY02 -0003 1 D24333 I
EXHIBIT 2
SITE MAP DEPICTING PROPERTY AND ZONING DESIGNATIONS
Incluslonary Housing Agreement — Ownership projed
City of Santa Ana January 2015
LA2477117.1
22526610001
WESTMINSTER
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SPR 2016 -01
THE LINE
3630 WESTMINSTER AVENUE
— — =500 FEET:
T' =1000 FEET
P L A N N I N G A N D B U I L D I N G A G E N C Y
EXHIBIT 2
VICINITY MAP
EXHIBIT 8
INCLUSIONARY HOUSING PLAN
I noluslonary Housing Agreement— Ownership Project
City of Santa Ana January 2015
LA24771171
225288.10001
The Line at Santa Ana, LLC
1880 Century Park Last, Ste, 600, Los Angeles, California 90067
Main (310) 552 -0065 SB (858) 720 -1700 Facsimile (310) 552 -0075
November 20, 2015
Ms. Flatly Soboleske
Associate Planner
City of Santa Ana
20 C:ivie Center Plaza
Santa Ana, California 92702
Re: The Line (DP- 2015 -12, ER- 2015 -27, Master ID 2015- 120032);
3630 W. Westminster Avenue, Santa Ana, CA 92703
Dear Ms. Soboleske,
On behalf of The Line at Santa Ana, LLC (the "Applicant ") we enclose the Inclusionary Housing Plan
application (the "IHP Application ") for the above referenced project. We understand that the City
regards the above referenced project as a "pipeline project" under Section 41 -1910 of the Santa Ana
Municipal Code ( "SAMC "), which provides that pipeline projects may comply with the Housing
Opportunity Ordinance by paying "an in lieu fee of $9.35 per square foot of habitable space for the
entire Project's inclusionary housing obligation." The Applicant understands that the existing IHP
Application form has not yet been updated to accommodate recent revisions to the City's Housing
Opportunity Ordinance, including amendments to Section 41-1910, and therefore by this letter clarifies
that the Applicant's RIP Application proposes an in -lieu fee of $9.35 per square foot of habitable space,
pursuant to the option set forth in SAMC Section 41 -1910. Asset forll't in the II-1P Application, the
project's total habitable space is 130,635 square feet. The Applicant reserves all rights regarding the
consistency of the impositions imposed upon the project pursuant to the Housing Opportunity Ordinance
with applicable state and federal law. The Applicant further reserves the right to make modifications to
the all? Application or to propose an alternate plan under the Housing Opportunity Ordittanrce.
Sincerely,
By: The Line At Santa Ana, LLC
a Delaware limited liability company,
By: Laren -a Investments 11, LLC,
a California limited liability company,
Its Manager
By: LaTerra Development, LLC
a California limited liability company,
[ts Mana it
r,
Lauren Boyd, General Counsel
Legal Owner-nne Li Vic, 0i :vavd-a Aw, LLC 3( �0) 5
Full name of Person, elm ar Wpplonulon t� Area �CCa le Phm\e Number
I "" O� Area Code Fox Number b
1 Melling Address I
Applicant � 1"1c - Vlei It 3�) -:k- 00�
Full name of Person, Firm or COrporalion Area Code Phone Number
a I ��er�r cis Swik� [ebd _ ba
a Ilnn Address (?Cone Fax Nutubar
Contact Person . t �'- lire ar
mm 6 a of Person. F r or Corparellon small ad re e
Molly -Tan
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Area Coda Phone Number Area Coda Mobile Phonc Numhar Arco Cade Fax Number
PROJECT DESCRIPTION
Project Address: 2u lJ Vvv�L l vl�lvr _u.
Assessor Parcel Number(s):
Total number of units proposed:
Number of Rental Units: i Number of For sale units:
Number of 15% Inciusionary obligation:.
Identify the gross livable area of the proposed project (Including private balconies,
decks and patios). I1016M' square feet ''
Will the project be constructed in phases? __ -Yes No
is a density bonds being requested? Yes ✓ No
CITY APPROVALS (if applicable)
INCLUSIONARY HOUSING PLAN NO, �', r, • . Q (�
9°AAPPROVE ❑ DENY Date: _.k 2- 2't 20 C Signature:
Pago t of 4
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HOUSING ALTERNATIVES
Select the applicable alternatives to Indicate how the project will comply with the
inclusionary housing requirement:
on -site construction of Inclusionary units
In -lieu fee payment for entire obligatlonl r�
in -lieu fee payment for fractional unit
Land dedication
Note; For development projects with more than 20 units requesting in -lieu fee payment
to fulfill their inclusionary obligation, "substantial evidence" that the cost of providing
Inclusionary units on site would substantially exceed the amount of the applicable in - lieu
fee Is to be provided with this application.
Please complete the following table(s) as It applies to your project proposal;
proposed Rontal Housing Protects:
Number of
Unit Size Number of Number of Very -Low Total Percent
Number of (Square Market Rate Low income Income Number of Total
Bedrooms Feet) Units Units Units of Units Units
If the catcuiatlon of the number of required Inclusl000ry hausing units results In a frecdon, the developer has the optien to
Incluaovide an addng unitInclu Iona by the applicable itt or hr *uau Fenn -Lieu Fee equal to the percentage represented by the fractional
Page 2 of h
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Propasod Uwnershin iiousin. Prc cts:
LMBte) er of
oms
Unit Size
(Square
Feet
Number of
Market Rate
Units
Number of
Moderate
Income Unit
Totat
Number of
Units
Percent of
Total Units
dio
8
5
Total
_
Required Exhibits to the Inciusionary Housing Plan
A, ❑ Narrative description of the entire project;
B, ❑ Site plan that depicts the entire project (minimum 11" x 17");
C, ❑ Depiction of the location of the inclusienary housing units; and
D. C7 If applicable, a phasing plan that provides for the proportionate number of the
total inclusionary housing unit requirement to be built within each phase of the
project.
E. ❑ If applicable, provide the In -Lleu Calculation Summary for the project.
I
Pago 9 of 4
9:PInnn1ng1C1etico1-COUnler FormAH00OPPI Ian
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Property OWNER'S AFFIDAVIT
I hereby certify that I am the legally authorized owner of all property involved In this application or have been
empowered to sign as the property owner on behalf of a corporation, partnership, business, etc., as evidenced by
separate instrument attached herewith.I hereby grant to the applicant submitting this form full power to sign all
documents related to this application, including any conditions or litigation measures as may be deemed necessary.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on (Date) 11120/15 at Los Angeles, California
Property Owner's Signature
By: The Line At Santa Ana, LLC
a Delaware limited liability company,
By: LaTerra Investments II, LLC,
a California limited liability company,
Its Manager
By: LaTerra Development, LLC
a California limited liability company,
Its Mane _ er
Lauren Boyd, General Counsel
APPLICANT'S AFFIDAVIT
I hereby certify that the statements furnished above and In the attached exhibits represent the data and
Information required for this initial evaluation and that the facts, statements and information presented are true and
correct to the best of my knowledge and belief. Further, should the stated information be found false or Insufficient, I
agree to the return of this form for appropriate revisions, understanding the City of Santa Ana cannot process this
form until all applicable Information is corrected or provided by the applicant.I hereby certify that I have been legally
authorized by the property owner to present this application and to sign on behalf of all documents related to this
application, including any conditions or litigation measures as may be deemed necessary.
Note: When the applicant is a corporation, partnership, business, etc., a separate document verifying the
authorization to sign for such applicant is required.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on (Date) 11/20/15 at Los Angeles, California
Property Owner's Signature
By: The Line At Santa Ana, LLC _..
a Delaware limited liability company,
By: LaTerra Investments II, LLC,
a California limited liability company,
Its Manager
By: LaTerra Development, LL
a California Iimi y company,
Its Managin ember
General Counsel
Pogo b of h
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