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<br />1. Amend Part II of the Specific Development to permit: <br /> <br />a. 185 dwelling units (townhomes and live-work units) as <br />shown on lots 2, 3 and 5 of Vesting Tentative Tract Map <br />No. 16565. <br /> <br />b. 1 dwelling unit per acre on Lot 1 of Vesting Tentative Tract <br />Map No. 16565. <br /> <br />2. Amend Section 5 of the Development Agreement to limit development <br />in Phase II to be consistent with the Specific Development, as <br />amended, but retain the concept that the City and Developer shall <br />meet in good faith to consider construction of a residential, for-sale, <br />high-rise tower as part of this Project <br /> <br />3. Amend the Vesting Tentative Tract Map to comply with the revised <br />Specific Development and Development Agreement. <br /> <br />4. Amend the Site Plan and Site Plan Review to comply with the revised <br />Specific Development and Development Agreement. <br /> <br />5. Amend the Final EIR, including the Project Description, consistent with <br />the revised Specific Development and Development Agreement. <br /> <br />6. Delete Section 5.1.2 of the Development Agreement related to <br />development of Commercial component tied to Development of hold <br />back units. <br /> <br />E. Amendment Application No. 2004-06 has been filed with the City of Santa <br />Ana to amend Specific Development Plan No. 59 (SD-59). <br /> <br />Section 2. Specific Development Plan No. 59 (SD-59) is hereby amended as set <br />forth in Exhibit "A", attached hereto and incorporated as though fully set forth herein. <br />(ZOA 2004-06). <br /> <br />Section 3. This ordinance shall not be effective unless and until Resolution <br />No. 2005-016 and Resolution No. 2005-017 become effective. If said resolutions are for <br />any reason held to be invalid or unconstitutional by the decision of any court of competent <br />jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall <br />be null and void and have no further force and effect. <br /> <br />Section 4. If any section, subsection, sentence, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this ordinance. The City Council of the City of Santa Ana hereby declares that <br />it would have adopted this ordinance and each section, subsection, sentence, clause, <br />phrase or portion thereof irrespective of the fact that anyone or more sections, <br />subsections, sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br /> <br />Ordinance No. NS-2676 <br />Page 2 of 3 <br /> <br />11 C-2 <br />