ROMAN CATHOLIC BISHOP OF ORANGE (3)

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1.4. Planning Commission - Council Hearings. On June 28, 2004, the Planning Commission of the City ("Planning Commission"), after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's application for this Agreement. The Planning Commission recommended to the City Council of City that it execute this Agreement. On QvLY 2004, the City Council of the City of Santa Ana (the "City Council"), after providing notice as required by law, held a public hearing to consider the Owner's application for this Agreement. 1.5. Council Findings. The City Council finds that this Agreement is consistent with the General Plan, applicable Specific Plan(s) as well as all other applicable ordinances, plans, policies and regulations of the City. 1.6, City Ordinance. On fy,sr ; 2004, the City Council adopted Ordinance No. fv:s- ,1GS7 approving this Agreement. The ordinance becomes effective on s?rog? 2. DEFINITIONS. In the Agreement, unless the context otherwise requires: 2.1. "Agreement" refers to this Development Agreement and any lawful amendments or modifications to this Development Agreement. 2.2. The "City" refers to City of Santa Ana, a charter city. 2.3. The "Effective Date" means the date on which the ordinance approving this Agreement becomes effective. 2.4. The "Existing Approvals" means all site-specific permits, approvals, and other land use entitlements which (1) have been approved and are effective on the Effective Date and (2) pertain to the Property. Existing Approvals include, but are not limited to, Conditional Use Permit No. 2002-16, Vesting Tentative Tract Map No. 02-03, and Site Plan Review No. 2002-06. 2.5. The "Existing Regulations" means all rules, regulations, ordinances, resolutions, official policies, and other general enactments of the City which (1) are effective on a citywide basis as of the Effective Date and (2) apply to the Property. 2.6. The "Project" means the construction of a a 99,000 square-foot, 2650-seat church facility to serve as a parish church and Cathedral, a Bishop's residence, campanile (bell tower), halls, meeting rooms, day care and preschool facilities, and offices, and an approximately 45,000 square foot undercroft. The Project also includes compliance with conditions of approval set forth in the Existing Approvals and any project modifications which are permitted under the Existing Approvals or are approved in the future by the City. 2.7. The "Property" means the real property described on Exhibit A and referred to in Exhibit B, consisting of approximately 16.141 acres. 2.8. "Owner" means The Roman Catholic Bishop of Orange, a corporation sole, and his successors and assigns. 2.9. "Public Art" refers to the single piece of public art discussed in Section 5.8 below and in Exhibit C. 70020313.7 6/24/04