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Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) <br />and Staff Resolution Modifying Parking Districts in the Surrounding Area <br />September 17, 2024 <br />Page 20 <br />proposed project will not cause serious public health problems, and the design or <br />improvements of the proposed project will not conflict with the easements necessary for <br />public access through or use of the property within the proposed project. <br />Development Agreement <br />The applicant has requested approval of a development agreement (DA). Development <br />agreements are contracts negotiated between project proponents and public agencies <br />such as the City of Santa Ana that govern the land uses that may be allowed in a <br />particular project (California Government Code Section 65864 et seq.). Although a DA is <br />subject to negotiation, allowable land uses must be consistent with the local planning <br />policies formulated by the legislative body through its general plan, and consistent with <br />any applicable specific plan such as the proposed SP-5 (California Government Code <br />Section 65867.5). Approval of a DA requires adoption of an ordinance. <br />To evaluate the proposed DA and identify priorities for the DA's terms, the City Council <br />formed an ad hoc committee in October 2023 comprised of three City Council members. <br />The ad hoc committee met regularly between October 2023 and June 2024 to review <br />the applicant's proposed terms, identify community priorities, and ensure that the final <br />DA addresses the ad hoc committee's priorities. While review of a DA is a private <br />contractual process, the extensive community engagement process, and routine staff <br />meetings with City Council and Planning Commission members, ensured that <br />community priorities were effectively communicated to the ad hoc committee and <br />informed the negotiation process. <br />The SP's DA addresses the agreement's term (duration), extensions, community <br />benefits, indemnification, monitoring and reporting, inclusionary housing, hotel <br />economic benefits, open space, infrastructure, modifications, and other relevant items <br />(Exhibit 8). These terms have been crafted to ensure high -quality development at the <br />project site with positive financial impacts to the City. Additional details are provided in <br />the summary of major deal points in Table 5, Development Agreement Major Deal <br />Points. <br />Table 5: DA Major Deal Points <br />Topic <br />Ad Hoc Committee <br />Recommendation <br />Proposed by DA <br />Recordation <br />Record the DA against the property, <br />Consistent — The DA will be recorded <br />not the leaseholder. <br />against the fee property subject to <br />terms and conditions of a Joinder. <br />Term (Duration) and <br />One 20-year term, and one 5-year <br />Consistent — The DA will have a <br />Extension <br />extension. <br />single 20-year term. In addition, The <br />DA will allow for a single 5-year <br />