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75E - PH 2525 MAIN ST
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75E - PH 2525 MAIN ST
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Last modified
2/1/2019 4:04:49 PM
Creation date
2/1/2019 3:58:07 PM
Metadata
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75E
Date
2/5/2019
Destruction Year
2024
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DEVELOPMENT AGREEMENT NO. 2018-01 <br />This Development Agreement (hereinafter "Agreement") is entered into as of this _ day of <br />, 2018 by and between the City of Santa Ana, California (hereinafter "CITY"), and AC <br />2525 Main, a California limited liability company (hereinafter "OWNER"): <br />RECITALS <br />WHEREAS, CITY is authorized to enter into binding development agreements with persons <br />having legal or equitable interests in real property for the development of such property, pursuant to <br />Section 65864, et seq. of the Government Code; and <br />WHEREAS, This Agreement constitutes a current exercise of CITY'S police powers to provide <br />predictability to OWNER in the development approval process by vesting the permitted uses, density, <br />intensity of use, and timing and phasing of development consistent with the Development Plan in <br />exchange for OWNER'S commitment to provide significant public benefits to CITY as set forth in <br />Section 4, below. <br />WHEREAS, OWNER has requested CITY to enter into a development agreement and <br />proceedings have been taken in accordance with the rules and regulations of CITY; and <br />WHEREAS, the best interests of the citizens of the City of Santa Ana and the public health, <br />safety and welfare will be served by entering into this Agreement; and <br />WHEREAS, the City Council hereby finds and determines that this Agreement is of major <br />significance because it will enable the CITY to fund much needed capital improvements and provide <br />much needed public services and will therefore also have a major, beneficial economic impact on the <br />City; and <br />WHEREAS, the provision by OWNER of the public benefits allows the CITY to realize <br />significant economic, recreational, park, open space, educational, social and public facilities benefits. The <br />public benefits will advance the interests and meet the needs of Santa Ana residents and visitors to a <br />significantly greater extent than would development of the Property without this Agreement. <br />WHEREAS, the physical effects, if any, of the Project and this Agreement have been analyzed <br />pursuant to California Environmental Quality Act as amended to date and as documented in the Final <br />Environmental Impact Report entitled "Magnolia at the Park Multi -Family Residential Project" (State <br />Clearinghouse House No. 2018021031 and City of Santa Ana DP No. 2017.34); and <br />WHEREAS, this Agreement and the Project are consistent with the Santa Ana General Plan and <br />any specific plan applicable thereto; and <br />WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved <br />in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other <br />procedural matters; and <br />WHEREAS, development of the Property in accordance with this Agreement will provide <br />substantial benefits to CITY and will further important policies and goals of CITY; and <br />WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly <br />55394.00002%11553187.10 <br />-1- <br />75E-127 <br />
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