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(ROH 03/14/11) <br />ORDINANCE NO. NS -2817 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA APPROVING AN AMENDMENT TO THE <br />DEVELOPMENT AGREEMENT BETWEEN THE CITY OF <br />SANTA ANA AND GRAND PLAN 2, LLC AND LYON <br />INTEGRAL MACARTHUR PLACE, LLC <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <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 />B. The City enters into this Amendment to Development Agreement pursuant <br />to the provisions of the Government Code and applicable City policies. <br />C. The Planning Commission has, following a duly noticed public hearing, on <br />March 14, 2011, recommended approval of this Amendment to Development <br />Agreement. <br />D. Entering into this Amendment to Development Agreement would provide <br />the City with extraordinary and significant benefits that are of regional significance, <br />relate to existing deficiencies in public facilities, require the owner of MacArthur Place <br />South to contribute a greater percentage of benefits than would otherwise be required, <br />and represent benefits which would not otherwise be required as part of the <br />development process. <br />E. The City Council has held a noticed public hearing on this Ordinance and <br />has considered all testimony presented thereto. <br />F. The previously adopted and certified Final Environmental Impact Report <br />EIR for the Nexus Project, No. ER 2004 -02, and its Addendum, have been approved <br />and certified by this Council by resolution simultaneously with the introduction of this <br />ordinance. <br />G. The proposed project will not adversely affect the General Plan, as is <br />expressly set forth in the Request for Council Action dated April 4, 2011, together with <br />all supporting documents, including but not limited to, proposed resolutions, which are <br />incorporated herein by this reference. <br />Ordinance No. NS -2817 <br />Page 1 of 3 <br />