Reso25-02 0024 PC Reso 901 El Camino Real

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ATTY/RESO.0024/PC RESO 901 EL CAMINO REV: 04-11-25 VR Page 9 of 20 iv. The Affordable Site is consistent with the Housing Element, General Plan, and Zoning and will not cause residential segregation. b. Qualifying Designee. The Affordable Housing Partner is a City-approved Qualifying Designee as defined in the Program Guidelines because: i. The Affordable Housing Partner is a non-profit organization, mission- aligned not for-profit housing corporation, joint venture, limited liability company, partnership, or other entity that has demonstrated the technical capacity and experience in developing, owning, and operating a minimum of three (3) qualifying deed-restricted affordable rental housing projects. Specifically, Abode is a nonprofit social enterprise with over 56 years of experience in developing, owning, and operating deed-restricted affordable rental projects throughout California, and ii. The Affordable Housing Partner under the Land Donation Agreement has certified and provided City staff litigation search results that establishes that it and its sponsors, affiliates, members, partners (as applicable) do not have a record of defaults, a record of systemic or procedural maintenance problems, housing or building code violations, or a history of substantiated fair housing complaints at properties it owns and/or operates, directly or through affiliated entities. c. Land Donation Agreement. The Affordable Site qualifies for land donation as specified under the Affordable Housing Ordinance and Program Guidelines because: i. The City reviewed the preliminary title report issued by Commonwealth Land Title Company on December 24, 2024 for the Affordable Site and has approved the condition of title, at its sole and absolute discretion, which shall be subject to final approval by the City and the Affordable Housing Partner under the Land Donation Agreement. Under no circumstances may the Affordable Site, at the time of donation, be encumbered by any lien securing the repayment of debt or any other security instrument not associated with the development of the Affordable Site. ii. The Applicant intends to transfer fee ownership of the Affordable Site to Abode as the Affordable Housing Partner, an approved Qualifying Designee. Pursuant to the Land Donation Agreement, the transfer of the Affordable Site will occur prior to or concurrent with the issuance of the first building permits for any phase of the Project. The transfer of the Affordable Site to the Affordable Housing Partner must be effectuated pursuant to that certain Grant Deed included as an exhibit in the Land Donation Agreement, which includes an irrevocable offer to dedicate the Affordable Site to the City. Pursuant to the Land Donation Agreement, concurrently with the recordation of the Grant Deed, the Affordable Housing Partner agrees to