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HomeMy WebLinkAbout25D - AGMT SHEA HOMES 2001 W MACARTHURREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2017 TITLE: APPROVE AN INCLUSIONARY HOUSING AGREEMENT WITH SHEA HOMES LIMITED PARTNERSHIP FOR A PROJECT TO BE LOCATED AT 2001 WEST MACARTHUR BOULEVARD, SANTA ANA, CALIFORNIA 92704 {STRATEGIC PLAN NO. 5, 3B} CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO ,..., FILE NUMBER MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute an Inclusionary Housing Agreement with Shea Homes Limited Partnership, a California Limited Partnership, in an amount not to exceed $1,727,055, subject to non -substantive changes approved by the City Manager and City Attorney. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At their Regular Meeting on October 25, 2017, by a vote of 4:0 (De Leon, Ramos and Santana absent), the Community Redevelopment and Housing Commission recommended that the City Council authorize the City Manager and Clerk of the Council to execute an Inclusionary Housing Agreement with Shea Homes Limited Partnership, a California Limited Partnership, in an amount not to exceed $1,727,055. 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. 2513-1 Inclusionary Housing Agreement — Shea Homes Limited Partnership November 7, 2017 Page 2 Shea Homes Limited Partnership, developer of the project located at 2001 W. MacArthur Boulevard (Exhibit 1), will comply with the Housing Opportunity Ordinance by paying an in -lieu fee of $15 per habitable square foot in the total approximate amount of $1,727,055. The developer will pay this fee prior to pulling their first building permit, anticipated in March 2018. The development, the Artisan at South Coast, will consist of a 42 -unit single-family residential development within a gated community. The residences will range in size from 2,819 square feet to 3,038 square feet, will be two stories high, and will contain a minimum of three bedrooms and four bathrooms. Plan 1 will have a flex space that can be used as either a fourth bedroom or a den, with the Plan 2 incorporating an "In -Law Suite" into the residences. Four parking spaces will be provided for each unit, with two spaces in the garage and two spaces in the driveway. The project will also include 7,053 square feet to be dedicated for common open space and recreational areas. The entire development is market -rate housing. The estimated start date for construction is March 2018 and it will take approximately 18 months to complete. The project will be built in seven phases. 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 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 $1,727,055 will be received according to the Inclusionary Housing Plan which details that the fee is to be paid. prior to obtaining the first building permit related to the project. Upon receipt, the revenues will be deposited into the Inclusionary Housing Fund revenue account (no. 41718002-57896). F�obert M. Zurc mied Interim E irector Community Development Agency Exhibits: 1. Location Map 2. Inclusionary Housing Agreement PPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Db Finance and Management Services Agency 25D-2 Exhibit 1- Location Map 25D-3 Exhibit 1 - Location Map czo.wri a 414 -ie 414-17 ZAANNe < a � I MA o LJ; �oaMocc oN�ee u I' �z:oo GRffNVICLE Iwuvrcn STREET N M� 8ma4^ u ill E I N � O O�O'v a m iii I e e . I I ti• I Ol vv 2 ro I I N I n �Oo I ^ a wl I I A I � W I O I � � o I I T _ � T I � I �i) r> y. I I A I O oAH ?m� a,rTT:,.t. RAIrr I i z a TA SEET n I ,,,�,• I .0 a N t / O afrrr ST. N �0. r+ >O e pati • y oma I • � N pf N N a q n 1 Q W �mv 1 9 Ina j - nNi 412-53 412-52 25D-4 A Exhibit 2 - Inclusionary Housing Agreement 25D-5 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 Code, §§ 6103 and 27383) INCLUSIONARY HOUSING AGREEMENT FOR PAYMENT OF IN -LIEU FEE THIS INCLUSIONARY HOUSING AGREEMENT is dated as of November 7, 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 ("City"), and SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership ("Developer"). RECITALS A. The City's Housing Opportunity Ordinance ("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 Roman Catholic Diocese of Orange is the current fee owner of the property located at 2001 West MacArthur Boulevard, Santa Ana, California ("Property"), but the Developer anticipates closing escrow on the Property in early November 2017. C. The Developer desires to, at the Developer's sole cost and expense, develop The Artisan at South Coast, a forty-two (42) unit single family residential project on the Property ("Project"). Inclusionary Housing Agreement - In -Lieu Fee Payment Page 1 City of Santa Ana 2501-6 D. On October 3, 2017, the City Council adopted Zoning Ordinance Amendment No. 2017-02 and a Resolution to approve Tentative Tract Map No. 2017-01, which sets forth the City Approvals for the Project. E. 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 2014, 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. Inclusionary Housing Agreement - In -Lieu Fee Payment Page 2 City of Santa Ana 25D-7 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 circumstances are identified in Section II -A of the Administrative Procedures Inclusionary Housing Agreement - In -Lieu Fee Payment Page 3 City of Santa Ana 25D-8 Manual. The In -Lieu Fee calculation worksheet is updated quarterly. The current Affordable Housing In -Lieu Fee calculation worksheet schedule is presented in Attachment J 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 XVIII.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 owner -occupied 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. Inclusionary Housing Agreement - In -Lieu Fee Payment Page 4 City of Santa Ana 25D-9 ARTICLE 1 PARTIES; REPRESENTATIONS AND WARRANTIES; EFFECTIVE DATE; RECITALS; AND EXHIBITS Parties to this Inclusionary Housing Agreement -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 1-13. Developer. The Developer is a California limited liability company. The principal office and address of the Developer, for the purposes of this Inclusionary Housing Agreement, is: Shea Homes Limited Partnership 2 Ada, Suite 200 Irvine, CA 92618 Attention: Jim Holas Tel: (949) 526-8836 Fax: (949) 526-8797 Inclusionary Housing Agreement - In -Lieu Fee Payment Page 5 City of Santa Ana 25D-10 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 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 California 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 (other than the property owner) 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 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. Inclusionary Housing Agreement - In -Lieu Fee Payment Page 6 City of Santa Ana 25D-11 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. III. Effective Date This Inclusionary Housing Agreement is dated November 7, 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. 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 Inclusionary Housing Agreement - In -Lieu Fee Payment Page 7 City of Santa Ana 25D-12 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 In lieu of providing any Inclusionary Units, the Developer shall pay to the City the sum of $1,727,055.00, as detailed in the Inclusionary Housing Plan attached hereto as Exhibit 3 and incorporated herein by reference, prior to obtaining the first building permit related to the Project. Inclusionary Housing Agreement - In -Lieu Fee Payment Page B City of Santa Ana 25D-13 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 may 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 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. In the event of a Developer Default, the City's actions may include, but are not limited to, the following: The following legal actions: a. Actions to enforce compliance with the program requirements and to enjoin any actions by the Developer that violate program requirements; b. Actions to disapprove, revoke or suspend any permit, including a Building Permit, Certificate of Occupancy or other discretionary approval; Inclusionary Housing Agreement - In -Lieu Fee Payment Page 9 City of Santa Ana 25D-14 C. Injunctive relief and damages; and Cl. 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. 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. 111. 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 - In -Lieu Fee Payment Page 10 City of Santa Ana 25D-15 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. 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 Inclusionary Housing Agreement - In -Lieu Fee Payment Page 11 City of Santa Ana 25D-16 which may become due to the Developer or to its successors or assignees, or on any obligations arising under this Inclusionary Housing Agreement. 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 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 Inclusionary Housing Agreement - In -Lieu Fee Payment Page 12 City of Santa Ana 25D-17 jurisdiction, including without implied limitation, federal district court due to any of the following: 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 thereof. Inclusionary Housing Agreement - In -Lieu Fee Payment Page 13 City of Santa Ana 25D-18 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 payment of in -lieu fee to City, which shall occur prior to Developer obtaining its first building permit. 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 an encumbrance against title to any portion of the Property. Inclusionary Housing Agreement - In -Lieu Fee Payment Page 14 City of Santa Ana 25D-19 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 ATTEST: CITY: CITY OF SANTA ANA A California Charter City and Municipal Corporation Maria Huizar, Clerk of the Council By: Name: Its: City Manager Date: Attorney Robert M. Zur Schmiede Acting Executive Director Community Development Agency Inclusionary Housing Agreement - In -Lieu Fee Payment Page 15 City of Santa Ana 25D-20 SIGNATURE PAGE TO INCLUSIONARY HOUSING AGREEMENT SHEA HOMES LIMITED PARTNERSHIP: A California Limited Partnership 0 Name: Its: Date: IS Name: Its: Date: Inclusionary Housing Agreement - In -Lieu Fee Payment Page 16 City of Santa Ana 25D-21 EXHIBIT 1 LEGAL DESCRIPTION OF PROPERTY Inclusionary Housing Agreement— In -Lieu Fee Payment City of Santa Ana 25D-22 Exhibit 1 - Legal Description PARCEL 2, AS SHOWN ON EXHIBIT "B-1 " OF LOT LINE ADJUSTMENT NO. 2002-01, RECORDED April 16,2002 AS INSTRUMENT NO. 20020317856, OF OFFICIAL RECORDS. EXCEPTING THEREFROM THOSE PORTIONS AS CONVEYED TO THE CITY OF SANTA ANA BY DEEDS RECORDED July 8, 2003 AS INSTRUMENT NO. 797924 AND July 18, 2003 AS INSTRUMENT NO. 855320. BOTH OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL UNDERGROUND WATER, WATER RIGHTS, OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN AND ALL RIGHTS THEREIN, GEOTHERMAL STEAM. AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR LTNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RTGHT OF DRILLING, PUMPING, MINING, EXTRACTING, EXPLORING AND OPERATING THEREFORE AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL, PUMP AND MINE FROM PROPERTY OTHER THAN THE PROPERTY, WATER, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRTLLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS, TUNNELS OR SHAFTS; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THE OWNER OF THESE RIGHTS HAVE THE RIGHT TO DRILL, PUMP, MINE OR EXCAVATE THROUGH THE SURFACE OR THE UPPER 200 FEET OF THE SUBSURFACE OF THE PROPERTY PROVIDED ALSO HOWEVER, THERE SHALL BE NO RIGHT TO ENTER UPON THE SURFACE OF THE PROPERTY, TO DEPRIVE THE PROPERTY OF STRUCTURAL SUPPORT OR OTHERWISE INTERFERE IN ANY WAY WITH DEVELOPMENT, CONSTRUCTION OR OPERATION OF THE PROPERTY, AS RESERVED IN DEED RECORDED NOVEMBER 22, 2002 AS INSTRUMENT NO. 1056537, OF OFFICIAL RECORDS. APN: 412-541-07 25D-23 EXHIBIT 2 SITE MAP DEPICTING PROPERTY AND ZONING DESIGNATIONS Inclusionary Housing Agreement— In -Lieu Fee Payment City of Santa Ana 25D-24 2001 WEST MACARTHUR BOULEVARD w.0 w rrsrn i EXHIBIT 2 -VICINITY ZONING AND ARIEL VIEW 25D-25 W4:11A- w INCLUSIONARY HOUSING PLAN Inclusionary Housing Agreement — In -Lieu Fee Payment City of Santa Ana 25D-26 Planning and Building Agency ` Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714)647-5804 www.santa-ana.org INCLUSIONARY HOUSING PLAN OWNER/APPLICANT INFORMATION Legal Owner Roman Catholic Diocese of Orange(714) 282-3012 Full name of Person, Finn or Corporation Area Code Phone Number 13280 Chapman Ave.7( 14 ) 457-1157 Mailing Address Area Code Fax Number Applicant Shea Homes9( 49 ) 526-8836 Full name of Person, Firm or Corporation Area Code Phone Number 2 Ada, Suite 200, Irvine, CA 926187( 14 ) 526-8797 Mailing Address Area Code Fax Number Contact Person Jim Holas jim.holas@sheahomes.com Full name of Person, Finn or Corporation Email address 2 Ada, Suite 200, Irvine, CA 92618 9( 49 ) 526-88369( 51 ) 235-34199( 49 ) 526-8797 Area Code Phone Number Area Code Mobile Phone Number Area Code Fax Number PROJECT DESCRIPTION Project Address: 2001 W. MacArthur Blvd., Santa Ana, CA Assessor Parcel Number(s): 412-541-07 Total number of units proposed: 42 Number of Rental Units: 0 Number of For Sale units: 42 Number of 15% Inclusionary obligation: 7 Identify the gross livable area of the proposed project (including private balconies, decks and patios). 115,137 square feet Will the project be constructed in phases? x Yes No Is a density bonus being requested? Yes No CITY APPROVALS (if applicable) INCLUSIONARY HOUSING PLAN NO. I p (I n al APPROVE ElG DENY Date: - �' 1 Signature: Page 1 of 4 &PlenninglCledcel-Counter FormsW OOappllcadon 1115 25D-27 DP1 6 -2' 4 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 obligation' (With consideration of off-site rehab.) 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 Rental Housing Projects: Number of Bedrooms Unit Size (Square Feet) Number of Market Rate Units Number of Low Income Units Number of Very -Low Income Units Total Number of Units Percent of Total Units Studio 1 2 3 4 5 Total 1 If the calculation of the number of required inclusionary housing units results in a fraction, the developer has the option to (a) provide an additional incluslonary housing unit or (b) pay an In -Lieu Fee equal to the percentage represented by the fractional Inclusionary housing unit multiplied by the applicable In -Lieu Fee Page 2 of 4 STIanningUedcal-Counter FormslHOOapplicagon 1115 2501-28 Proposed Ownership Housing Projects: Number of Bedrooms Unit Size (Square Feet) Number of Market Rate Units Number of Total Moderate Number of Percent of Income Unit Units Total Units Studio 1 2 3 4 5 Total Required Exhibits to the Inclusionary Housing Plan A. [x] Narrative description of the entire project; B. [x1 Site plan that depicts the entire project (minimum 11" x 17"); C. ❑ Depiction of the location of the inclusionary 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. [x_1 If applicable, provide the In -Lieu Calculation Summary for the project. Page 3 of 4 SManningUedcal-Counter Fo=s%HOOappliwtlan 1/15 25D-29 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 powerto 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) 17- •,ZLA 7iG at California Property Owner's Signature Af /= Property Owner's Printed Name Re. � APPLICANT'S AFFIDAVIT 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) Dece r 12,201Y at Irvine California Applicant's Signatwd�j All( Applicant's Printed Na a da es Holes Page 4 DF4 SP1=1ng=erk"auMar Forms0100sppgpgon Ills 2501-30 Shea Homes Christ our Savior Residential Project Inclusionary Housing Unit Summary 12/7/2016 Lot# Plan Type Elevation Sq. Ft. Area 1 1 C 2600 2 2 D 2794 3 1X A 2787 4 2 B 2794 5 2 D 2794 6 2 C 2794 7 1X B 2787 8 2 A 2794 9 1 B 2600 10 1 D 2600 11 Ix C 2787 12 2 B 2794 13 1 A 2600 14 1X D 2787 15 2 A 2794 16 Ix B 2787 17 2 C 2794 18 1 D 2600 19 2 D 2794 20 1X C 2787 21 2 A 2794 22 1X A 2787 23 2 B 2794 24 1X D 2787 25 2 A 2794 26 1 C 2600 27 2 D 2794 28 2 C 2794 29 1 B 2600 30 1X A 2787 31 2 B 2794 32 1X C 2787 33 1 D 2600 34 1 A 2600 35 2 B 2794 36 2 D 2794 37 2 C 2794 38 1 B 2600 39 2 A 2794 40 1X D 2787 41 2 C 2794 42 1 1 B J 2600 Total Sq. Ft. Area 115,137 Cost per Sq. Ft. $15.00 Estimated Cost $1,727,055.00 This is an estimated cost based upon preliminary plotting Note: The IX Is a second story option that Wl be selected by the future buyers. Sq. Area may change based upon the selected option. 25D-31 25D-32