HomeMy WebLinkAbout25E - AGMT - INCLUSIONARY HERITAGE VILLAGEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2017
TITLE:
INCLUSIONARY HOUSING AGREEMENT
WITH HERITAGE VILLAGE OC, LLC TO RECEIVE
$9,695,725.60 IN THREE PHASES
{STRATEGIC PLAN NO. 5,3B)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
U1 ". 0
❑ As Recommended
❑ As Amended
❑ Ordinance on I' Reading
❑ Ordinance on 2nd Reading
Implementing Resolution
❑ Set Public Hearing For®
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an Inclusionary Housing
Agreement with Heritage Village OC, LLC for The Heritage Village Apartments, in an amount not
to exceed $9,695,725.60, subject to non -substantive changes approved by the City Manager and
City Attorney.
DISCUSSION
The Housing Opportunity Ordinance ("Ordinance") encourages the development of affordable
housing by requiring the inclusion of affordable units within developments that involve either an
increase in the density otherwise available under applicable zoning and development standards;
a change in land use designation from a zoning regulation that does not permit residential uses to
one that does permit residential uses; or the conversion of rental units to condominium
ownership. This ordinance applied to all projects entitled after November 2011. Developers have
the option to pay an in -lieu fee based on the habitable square foot of the project to satisfy the
Ordinance requirements.
Heritage Village OC, LLC, developer of The Heritage Village Apartments project located at 2001
E. Dyer Road (Exhibit 1), will comply with the Housing Opportunity Ordinance by paying an in -lieu
fee of $9.35 per habitable square foot in the total approximate amount of $9,695,725.60.
The developer has been working with staff to complete the documents required by the Housing
Opportunity Ordinance. The Inclusionary Housing Agreement (Exhibit 2) satisfies the inclusionary
housing requirement of the project and is consistent with the standards set forth in the Ordinance.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #3 (Facilitate diverse housing opportunities and support
25E-1
Inclusionary Housing Agreement— Heritage Village
February 21, 2017
Page 2
efforts to preserve and improve the livability of Santa Ana neighborhoods), Strategy B (Ensure
compliance with the City's Housing Opportunity Ordinance by requiring rental and ownership
housing projects that meet specified criteria provide a minimum of 15% affordable units).
FISCAL IMPACT
It is anticipated that funds in the amount of $9,695,725.60 will be received in three phased
payments according to the Project's Development Agreement, which are to be paid when the
developer pulls building permits for the residential structure of each project phase. The dates
below are only estimates.
Project Phase
Estimated Fee
Estimated Payment Date
Fiscal Year
Phase 1
$2,700,000.00
April 2017
Phase 2
$3,250,000.00
August 2017
Phase 3
$3,745,725.60
December 2017
TOTAL
$9,695,725.60
Upon receipt, the revenues will be deposited into the Inclusionary Housing Fund revenue account
(no. 41718002-57896).
Robert C. Cortez
Deputy City Manager"`'
City Manager's Office
Exhibits: 1. Location Map
2. Inclusionary Housing Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
Com! �°k �4k
Francisco Gutierrez Do
Executive Director
Finance & Management Services Agency
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EXHIBIT 1
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EXHIBIT 2
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, California 92701
Attention: City Clerk
To be recorded without fee. (Space Above This Line For Recorder's Use Only)
(Government Cade, §§ 6103 and 27383)
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THIS INCLUSIONARY HOUSING AGREEMENT is dated as of February 21,
2017, 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 Heritage Village OC, LLC, a Delaware 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 (Ordinance No. NS -
2881), and on October 6, 2015 (Ordinance No. NS -2885).
B. The Developer is the fee owner of the Property located at 2001 E Dver
Road, Santa Ana, California ("Property").
C. The Developer desires to, at the Developer's sole cost and expense,
develop a one thousand two hundred and twenty one (1,221) unit rental
apartment project on the Property ("Project").
D. On October 12, 2015, the Planning Commission recommended approval,
with the City Council affirming the Commission's action and voted to adopt
a resolution and ordinances approving the Project on February 3, 2016.
Inclusionary Housing Agreement - In -Lieu Fee Payment Page 1
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The Council actions included the certification of Final EIR No. 2015-01,
Amendment Application No. 2014-4, Development Agreement No. 2015-3,
General Plan Amendment No. 2015-3 and Vesting Tentative Tract Map
No. 2015-3, which set forth the approvals for the Project.
E. On February 29, 2016, 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
and the Administrative Procedures Manual established by the City Council
to implement the Ordinance requirements.
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.
Administrative Procedures Manual is the Affordable Ownership Housing
Administrative Procedures Manual — Developer Requirements dated January
2015, which has been prepared by the City for the implementation and
enforcement of the Ordinance. A copy of the Administrative Procedures Manual
shall be maintained on file with the City, and shall be provided to each Developer
of Inclusionary Units.
City means the City of Santa Ana, California.
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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.
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 XV111.1 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. The allowable uses of Inclusionary Housing Funds, and the related
reporting are described in Attachment I of the Administrative Procedures Manual.
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 form is presented in
Attachment B of the Administrative Procedures Manual, and also 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. These
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circumstances are identified in Section II -A of the Administrative Procedures
Manual.
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 -2881, and on October 6, 2015, in
Ordinance No. NS -2885, which is codified in Article XVI 11.1 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 Administrative Procedures Manual. The Program
Director will be appointed by the Executive Director.
Project means the multi -family housing project proposed to be developed on the
Property at the Developer's sole cost and expense, as further described and
defined in Recital C.
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, and as further described and defined in Recital B.
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ARTICLE 1
PARTIES; REPRESENTATIONS AND WARRANTIES; EFFECTIVE
DATE; RECITALS; AND EXHIBITS
Parties to this Inclusionary Housing Agreement
I -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 Delaware limited liability company. The
principal office and address of the Developer, for the purposes of this
Inclusionary Housing Agreement, is:
Drew Colquitt
Alliance Residential Company
450 Newport Center Drive, Suite 550
Newport Beach, CA 92660
Telephone Number: 949-706-8487
II. Developer Representations And Warranties
The representations and warranties of the Developer contained in Article 1 —
Section 11 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
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or covenant, wherever contained in this Inclusionary Housing Agreement, shall
survive the execution and delivery of this Inclusionary Housing Agreement.
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 Delaware 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 Inclusionary 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 Inclusionary 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.
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III. Effective Date
This Inclusionary Housing Agreement is dated February 21, 2017, 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.
1���i7i11:7i1�31
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
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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 and the Administrative Procedures Manual. The
Developer is familiar with the requirements of all the foregoing documents and
shall ensure that the Project complies in all material respects with this
Inclusionary Housing Agreement and the requirements set forth in all the
foregoing documents.
II. In -Lieu Fee
Developer's payment of the in lieu fee shall be paid in phases consistent with the
phases of development set forth in Section 5.8 of the Project's Development
Agreement. The Developer shall pay the applicable in lieu fee for each phase of
the Project, based on the habitable space within that phase of the Project, prior
to the issuance of the first building permit for that phase of the Project.
Specifically, the Developer will comply with the Housing Opportunity Ordinance
by paying an in lieu fee of $9.35 per habitable square foot. The current estimate
of the fee that will be paid for each phase and the total fee is indicated in the
table below. The actual final in lieu fee amount for each phase will be
determined at the time of payment for that phase based on the habitable square
footage indicated on the final plans for that phase.
Project Phase
Estimated Fee
Phase 1
$2,700,000
Phase 2
$3,250,000
Phase 3
$3,745,725.60
TOTAL
$9,695,725.60
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The timing and order of the Project's phasing schedule, including the timing for
the corresponding payment of the In Lieu Fee, may only be modified if agreed to
by both parties, as provided for in the Project's Development Agreement.
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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.
II. Legal Actions
In the event of a breach or potential breach of this Inclusionary Housing
Agreement 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:
a. Actions to enforce compliance with this Inclusionary Housing
Agreement requirements and to enjoin any actions by the
Developer that violate this Inclusionary Housing Agreement
requirements;
b. Actions to disapprove, revoke or suspend any permit, including a
Building Permit, Certificate of Occupancy or other discretionary
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approval applicable to the phase of the Project that is alleged to be
in Default of this Inclusionary Housing Agreement;
C. Injunctive relief and damages; and
d. Civil citations with monetary penalties for violations of the
Inclusionary 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.
3. The City's actions set forth in this Article 3, Section 11-A shall be taken
only with respect to the Project Phase(s) that is/are alleged to be in
Default. The City may not take action against Project Phase(s) that have
completed its/their respective inclusionary housing obligation(s) through
the timely tendering of payment of the In Lieu Fee for the Project
Phase(s).
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.
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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.
II. 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.
III. Non -liability of City or City Officials and Employees
No council member, official, contractor, consultant, attorney or employee of the
City shall 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.
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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
not 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 Inclusionary 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:
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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.
VIII. 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's compliance with its
inclusionary housing obligations as specifically set forth herein.
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XI. Recordation
The Developer and the City agree to permit recordation of this Inclusionary
Housing Agreement, against the Property in the Office of the County Recorder of
Orange County, California. The legal description for the Property is provided in
Exhibit 1 to this Inclusionary Housing Agreement.
XII. Termination
Except as set forth elsewhere, this Inclusionary Housing Agreement shall be
terminated after Developer's payment of all required in -lieu fees to City.
Upon the termination of this Inclusionary Housing Agreement, following
Developer's tender and City's receipt of the final inclusionary housing In Lieu Fee
payment for the final Project phase, 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.
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IN WITNESS WHEREOF, the Parties hereto have duty executed this
Inclusionary Housing Agreement as of the dates set forth below.
SIGNATURE PAGE
TO
INCLUSIONARY HOUSING AGREEMENT
ATTEST:
Maria Huizar, Clerk of the Council
CITY:
CITY OF SANTA ANA
A California Charter City and Municipal
Corporation
IN
Name:
Its:
APPROVED AS TO LEGAL FORM: RECOMMENDED FOR APPROVAL:
In
ROBERT C. CORTEZ
Deputy City Manager
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SIGNATURE PAGE
TO
INCLUSIONARY HOUSING AGREEMENT
HERITAGE VILLAGE OC, LLC:
A Delaware limited liability company
L0
Name:
Its:
Date:
0
Name:
Its:
Date:
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City of Santa Ana
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EXHIBIT 1
I noluslonary Housing Agreom ant— In -Lieu Fee Payment
My of Santa Ana
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EXHIBIT A.
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I
25E-23
EXHIBIT 2
SITE MAP DEPICTING PROPERTY AND ZONING DESIGNATIONS
Ind uslonary Housing Agreement—In-Lieu Fee Payment
My of Santa Ana
25E-24
»Hale
25E-25
EXHIBIT 3
INCLUSIONARY HOUSING PLAN
Incluslonary Housing Agreement — In -Lieu Fee Payment
City of Santa Ana
25E-26
Planning and Building Agency
1 Planning Division
I 28 0Ivic center Plaza
P.O. Bore 9008 (M.20)
r, III Santa Ana, CA 92702
(714)647.0804
wwvr.aanta-ana.arg INCLUSIONARY HOUSING PLAN
OWNERIAPPLICANT INFORMATION
Legal Owner Heritage Villnup OC I L(' -�
Full name or Pa san, FUm or CorpgraGon
714 425-2851
•--425------�.._.._.,,..,
1943 ,Port Chelsea Piece,Newport Beach,CA 92660
Area Code Phone Number
Malting Addrasa
Applicant Ilerlta e Villa e OC LLC
Area. Coda Fex Numh�--- yr�'--'�
Full name or Pnrsan, Firm or corporation
��
L —.-4'^� 423.28.^—, 5--- 1
1.945 Port Chelsea Place, NOWPOrt Beach,CA 92660
.,._._,V
Area Coda Phone Number
Mailing Flddress ""�"'^^^----•--------
.�--..�
Area Code Fax Numb— Code—Fax ""`"`— ^—
Contact Person Pam Sapetto Sa etto Real Estate Solutions
Full name oPParaon, Fp un or Corporatloli � '"""
psapetYor6lsapetYOrealestate COm
18662 NlacArthur Blvd, Suite 200, Irvine, Ca 92612
2mail address
Mailing Address
949 25.2-084.1 C 714 )815-77'71
Area Cade Phone Number Aran Coda Mobile phone Number
Area Code Fex Numbe�'�� er "-"—"^—
PROJECT DESCRIPTION
Project Address: 2001 'A, Deer Rd, Santa Ana, CA
Assessor Parcel Number(s): 430-211-13,430-221-01,430-221-02
Total number of units proposed: --1221
Number of Rental Units; 1221 Number of For Sale units: 0
Number of f S% Inclusionary obligation:
Identify the gross livable area of the proposed project (including private balconies,
decks and patios). 1,036,_976 square feet
Will the project be constructed in phases? X yes No
Is a density bonus being requested? -- yes ^ X No
l
CITY APPROVALS (11 applicable) p '
INCLUSIONARY HOUSING PLAN NO, j
APPROVE r] DENY Data:—a�ya signature:,�k`�
S:PlanninaiClarica4Cnwtler f rins1Fl00applluation Page 1 of 4
IH a
25E-27
HOUSING ALTERNATIVES
Select the applicable allernatives to indicate how the project will comply with the
inclusionary housing requirement:
On-site construction of inclusionary units
XT in -lieu fee payment for entire obligation
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 evidenre" that the cost of providing
inclusionary units on site would substantlally 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:
Pr0676�e�1 Menta! Flouaing Pro acts:
849 1 1221
Total
Unit size
Number of
Number of
Number of
Very -Low
Number of
(square
Market Rate
Low Income
income
Bedrooms
feet)
Units
Units
Units
Studio
T587
327
74&
5p1
1121
35)
3
1434
334
�T
4
849 1 1221
Total
Percent
Number
of Total
of Units
Units
f If the Calculation of the number ofrequirdd incluslonary housing units results Ina fraction, the developer has the Option to
(a) provide an additlonat moluslenary housing unit Cr (b) pay an In -Lieu 1=ee equal to the percentage reprosenled by the A'aotionel
inclusionary houeing unit multiplied by file applicable Imt.leu Fee
e:Plnnnina\Clerical-Counter FonoelHOOuppllcetlan Page 2 of 4
1116
25E-28
Promosed CJdynorshla Flausinn P erects;
Unit Size
Number of ! Number of
Total
Number of (square
Bedrooms Feet)
Market F2ate I Moderate
I Units inn.nma I roil
Number of
I _ _
Percent of
Required Exhibits to the Inclusionary Housing Plan
A. ❑ Narrative description of the entire project;
E3. ❑ Site plan that depicts the entire project (minimum 11"x'17");
C. ❑ Depiction of the location of the inciuslonary housing units; and
D. ❑ 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 -Lieu Calculation Summary for the project.
S:PlanninA�ChariaalCounlzr FormslFippC.Nplicatiun P2ip�" Of 4
Ills
25E-29
Property OWNER'S AFFIDAVIT
application or have been empowered to sign as the property ownI hereby certify that I am the legally authorized owner of all property involved in this
er 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) 11/20/15 at Los An �es , Califcrnia
Property Owner's Signature -4
Property Owner's Printed Name RY111 Ogulnick
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) _ _ at _ , California
Applicant's Signature
Applicant's Printed Name
S:planniny\Clerical-Cmuiler FormslHOOappliaallon Page 4 of
1115
25E-30