BETTER NEIGHBORHOODS, INC. v. COSA

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INSURANCE NCI' RELIUIRED WORK MAY PROCEED CLERK OF COUNCIL. (fl CONFIDENTIAL A-2018-151 JUN 14 ?.018 SETTLEMENT AGREEMENT N This Settlement Agreement ("Agreement"), dated for identification purposes only as of June 8, 1PVr&,41,5 2018, is entered into by, between and among the City of Santa Ana ("City"), the City Council of the City of Santa Ana ("City Council"), Better Neighborhoods Inc. ("Petitioner" or `Better Neighborhoods"), and Net Development Company, Inc. ("Net"), each of whom may hereinafter be referred to individually as a "Party" or collectively as the "Parties." I. RECITALS A. Net has submitted an application to the City requesting certain entitlements to construct a 135 -room hotel, to be operated by Hampton Inn (the "Project") located at 2129 North Main Street, Santa Ana, California (the "Property"). In connection with the discretionary review of the entitlements for the Project, the City conducted an environmental review under the California Environmental Quality Act (Pub. Resources Code § 21000 et seg.: "CEQA"). B. On February 20, 2018, the City Council conducted first reading of an ordinance to approve Amendment Application No. 2017-02 to change the zoning district of the Project site from Professional (P) to Community Commercial -Museum District (C1 -MD). Thereafter, on the same night, the City Council adopted two resolutions, one approving Conditional Use Permit No. 2017-29, as conditioned, and the other approving Variance No. 2017-07, as conditioned, to allow for, among other things, a reduction in off-street parking for the proposed hotel use. In connection with the Project approvals, the City prepared and adopted a Mitigated Negative Declaration pursuant to CEQA. The City Council conducted a second reading of the zone change ordinance on March 20, 2018. All of the foregoing approvals and actions by the City in connection with the Project are referred to as the "Entitlements." C. On March 21, 2018, Better Neighborhoods filed a Petition for Writ of Mandate in Orange County Superior Court entitled Better Neighborhoods Inc. v. City of Santa Ana et al. [Orange County Superior Court Case No. 30-2018-00980976-CU-WM-CXC] (the "Litigation"). The Litigation named the City and City Council as respondents and also named Net as a Real Party in Interest. Among other matters, the Litigation includes claims by Petitioner alleging violations of CEQA based on the City's adoption of a Mitigated Negative Declaration for the Project pursuant to CEQA and challenging the Entitlements. D. Beginning very early in the Litigation process, the Parties engaged in good faith settlement negotiations in an effort to resolve the Litigation. E. Based on those settlement negotiations, the Parties have agreed to use this Agreement to achieve a full and complete resolution of all present and future claims that have been asserted or that could be asserted by Better Neighborhoods in relation to the Project, the Better Neighborhoods -Settlement Agreement final clean copy 6.8.18