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<br />ORDINANCE NO. NS-2741 <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 1901 E. 1ST <br />STREET PARTNERS, 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, <br />commencing on February 26 and continuing to March 12, 2007, recommended approval of <br />this Development Agreement <br /> <br />E. 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 owners of the Cabrillo Towers for-sale <br />condominium project to contribute a greater percentage of benefits than would <br />otherwise be required, and represent benefits which would not otherwise be required as <br />part of the development process. <br /> <br />F. The City Council has held a noticed public hearing on this Ordinance, and <br />has considered all testimony presented thereto. <br /> <br />G. The City Council has, on March 19, 2007, approved an environmental impact <br />report (EIR) in conjunction with this Project and adopted a mitigation monitoring plan, and <br />the Council adopts this ordinance based upon said EIR, mitigation monitoring plan, findings <br />and statement of overriding considerations. <br /> <br />SECTION 2: 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. <br /> <br />Ordinance No. NS-2741 <br />Page 1 of 28 <br />