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227 <br /> <br />ORDINANCE NO. NS -2456 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SANTAANAAPPROVING A DEVELOPMENT AGREEMENT <br />BETWEEN THE CITY OF SANTA ANA AND <br />BENTALL/WESTMINSTER PARTNERS <br /> <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: <br /> <br />SECTION 1: The City Council hereby finds, determines and declares as follows: <br /> <br />The City is authorized pursuant to Government Code Sections 65864 <br />through 65869.5 to enter into development agreements with persons <br />having legal or equitable interests in real property for the purpose of <br />establishing certainty for both City and Owner in the development <br />process. <br /> <br />The City enters into this Development Agreement pursuant to the <br />provisions of the Government Code and applicable City policies. <br /> <br />BentallANestminster Partners and the City have previously entered into a <br />Development Agreement involving a larger project on a larger parcel of <br />property. This Development Agreement, dated December 20, 1989, has <br />expired by its own terms. The development contemplated under this <br />Development Agreement constitutes Phase II of the development <br />contemplated in the prior, expired Development Agreement. <br /> <br />The Planning Commission has, following a public hearing, recommended <br />approval of this Development Agreement. <br /> <br />Entering into this Development Agreement would provide the City with <br />extraordinary and significant benefits that are of regional significance, <br />relate to existing deficiencies in public facilities, require <br />BentallANestminster Partners to contribute a greater percentage of <br />benefits than would otherwise be required, and represent benefits which <br />would not otherwise be required as part of the development process. <br /> <br />The City Council has held a noticed public hearing on this Ordinance, and <br />has considered all testimony presented thereto. <br /> <br /> SECTION 2: The City Council has reviewed and considered the information <br />contained in the Final Environmental Impact Report No. 88-02 and Addendum No. 00-04 <br />prepared with respect to this Ordinance. The City Council has, as a result of its <br />consideration, and the evidence presented at the hearings on this matter, determined <br /> <br />Ordinance No. NS-2456 <br /> Page 1 of 3 <br /> <br /> <br />