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NS-2741
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Last modified
1/3/2012 1:00:33 PM
Creation date
4/9/2007 4:51:11 PM
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2741
Date
4/2/2007
Destruction Year
PERM
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<br />2. DEFINITIONS. In the Agreement, unless the context otherwise requires: <br /> <br />2.1 "Applicable Rules" means all rules, regulations, ordinances and official <br />plans and policies of the City in force as of the Effective Date as included within the Santa Ana <br />Municipal Code ("SAMC"), the Metro East Mixed-Use Overlay Zone, this Agreement and the <br />Entitlements, as defined below. <br /> <br />2.2 "Effective Date" means May 2, 2007, the date upon which the ordinance <br />approv ing this Agreement becomes effective. <br /> <br />2.3 "Entitlements" means Environmental Review No. 2006-0 I, General Plan <br />Amendment No. 2007-01, Amendment Application No. 2007-01, Tentative Tract Map No. 2007- <br />01 (County Map No. 17069), Zoning Ordinance Amendment No. 2007-01, the Metro East <br />Overlay Zone Public Realm Improvement Plan and Site Plan Review No. 2007-0 I. <br /> <br />2.4 "Reserved Powers" means the rights and authority excepted from this <br />Agreement's restrictions on the City's police powers and which are instead reserved to the City. <br />The Reserved Powers include the power to enact and implement rules, regulations, ordinances <br />and policies after the Effective Date that are not in conflict with the Applicable Rules or that may <br />be in conflict with the Applicable Rules, but: (a) prevent or remedy conditions which the City <br />has found to be injurious or detrimental to the public health andlor safety; (b) are Uniform <br />Codes; (c) are required to comply with mandates under state and federal laws, rules and <br />regulations (whether enacted previous or subsequent to the Effective Date) or to comply with a <br />court order or judgment of a state or federal court; or (d) relate to increases in development <br />impact fees occurring after the Effective Date. <br /> <br />2.5 "Property Owner" or "Owner" means 1901 E. 1st Street Partners, LLC, <br />a Delaware Limited Liability Company, being the person, persons, or entity having a legal or <br />equitable interest in the Property, and includes successors in interest. <br /> <br />2.6 "Property" is the real property described in Exhibit A and referred to in <br /> <br />Exhibit B. <br /> <br />2.7 "Project" is the development of the Property, a one or two phase, for-sale <br />374 residential condominium development with 8,800 square feet of commercial development, <br />as generally set forth in Environmental Review No. 2006-0 I, General Plan Amendment No. <br />2007-01, Amendment Application No. 2007-01, Tentative Tract Map No. 2007-01 (County Map <br />No. 17069), Zoning Ordinance Amendment No. 2007-01, the Metro East Overlay Zone Public <br />Realm Improvement Plan and Site Plan Review No. 2007-01. <br /> <br />2.8 "Uniform Codes" means those building, electrical, mechanical, fire and <br />other similar regulations of a City-wide scope which are based on recommendations of a multi- <br />state professional organization and become applicable throughout the City, such as, but not <br />limited to, the California Building Code, the California Electrical Code, the California <br />Mechanical Code, or the California Fire Code (including those amendments to the promulgated <br /> <br />Ordinance No. NS-2741 <br />Page 7 of 28 <br /> <br />- 3 - <br />
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