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NS-2677
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Last modified
1/3/2012 1:00:53 PM
Creation date
3/21/2005 1:50:47 PM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2677
Date
3/7/2005
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<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 in <br />Phase II to be consistent with the Specific Development, as amended, <br />but retain the concept that the City and Developer shall meet in good faith <br />to consider construction of a residential, for-sale, high-rise tower as part <br />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 back <br />units. <br /> <br />SFCTION ?: The Development Agreement, a true and correct copy of which is <br />attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the <br />Council are authorized to execute it on behalf of the City. The Clerk of the City is hereby <br />authorized and directed to cause this Development Agreement to be recorded with the <br />County Recorder's Office. In case of any dispute between the terms or effect of Tentative <br />Tract Map No. 2004-06 and the terms or effect of the Development Agreement, the <br />Development Agreement shall prevail. <br /> <br />SFCTION 3: This ordinance shall not be effective unless and until Ordinance <br />No. NS-2676, Resolution No. 2005-016 and Resolution No. 2005-017 become effective. If <br />said ordinance and resolutions are for any reason held to be invalid or unconstitutional by <br />the decision of any court of competent jurisdiction, or otherwise do not go into effect for any <br />reason, then this ordinance shall be null and void and have no further force and effect. <br /> <br />SFCTION 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 it <br />would have adopted this ordinance and each section, subsection, sentence, clause, phrase <br />or portion thereof irrespective of the fact that anyone or more sections, subsections, <br />sentences, clauses, phrases, or portions be declared invalid or unconstitutional. <br /> <br />Ordinance NS-2677 <br />Page 2 of 38 <br />
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