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<br />ORDINANCE NO. NS-2677 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA APPROVING A DEVELOPMENT AGREEMENT <br />BETWEEN THE CITY OF SANTA ANA AND MAIN STREET <br />CONCOURSE, LLC <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 />A. The City is authorized pursuant to Government Code Sections 65864 <br />through 65869.5 to enter into development agreements with persons having legal or <br />equitable interests in real property for the purpose of establishing certainty for both City <br />and owner in the development process. <br /> <br />B. The City enters into this Development Agreement pursuant to the <br />provisions of the Government Code and applicable City policies. <br /> <br />C. The Planning Commission has, following a duly noticed public hearing, on <br />December 13, 2004, recommended approval of this Development Agreement. <br /> <br />D. Entering into this Development Agreement would provide the City with <br />extraordinary and significant benefits that are of regional significance, relate to existing <br />deficiencies in public facilities, require the owner of City Place to contribute a greater <br />percentage of benefits than would otherwise be required, and represent benefits which <br />would not otherwise be required as part of the development process. <br /> <br />E. The City Council has held a noticed public hearing on this Ordinance, and <br />has considered all testimony presented thereto. <br /> <br />F. The City Council has, on February 7, 2005, approved a Environmental <br />Impact Report (EIR) in conjunction with this Project and adopted a mitigation monitoring <br />plan, written findings and a statement of overriding considerations and the Council adopts <br />this ordinance based upon said EIR, plan, findings and statement of overriding <br />considerations. After closing the public hearing, the Council adopted a motion continuing <br />the matter to its February 22, 2005 regular meeting and directing staff to return the <br />Project for approval with the following adjustments: <br /> <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 />11 0-1 <br /> <br />Ordinance No. NS-2677 <br />Page 1 of 3 <br />