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<br /> <br /> <br /> <br /> <br /> (ROH 03/05/12) <br /> <br /> ORDINANCE NO. NS-XXX <br /> <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br /> OF SANTA ANA APPROVING AN AMENDED <br /> DEVELOPMENT AGREEMENT BETWEEN THE CITY OF <br /> SANTA ANA AND VDC AT THE MET, LLC, A CALIFORNIA <br /> LIMITED LIABILITY COMPANY <br /> <br /> THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br /> FOLLOWS: <br /> <br /> Section 1. The City Council of the City of Santa Ana hereby finds, determines <br /> 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 Amended Development Agreement pursuant to <br /> the provisions of the Government Code and applicable City policies. <br /> <br /> C. This Amended Development Agreement came before the Planning <br /> Commission for a duly noticed public hearing on January 23, 2012. At that time, the <br /> Planning Commission continued the matter to February 13, 2012. Staff recommended <br /> that the Planning Commission vote to recommend approval of this Amended <br /> Development Agreement. On February 13, 2012, the Planning Commission split by a <br /> vote of 3:3 (Commissioner Yrarrazaval absent) on a motion to approve the project, thus <br /> creating an impasse. Pursuant to Planning Commission Bylaws (Resolution 01-44, § <br /> 8e), the applicant desired to proceed to City Council. <br /> <br /> D. Entering into this Amended Development Agreement would provide the <br /> City with extraordinary and significant benefits that are of regional significance, relate to <br /> existing deficiencies in public facilities, require the owner of The Met to contribute a <br /> greater percentage of benefits than would otherwise be required, and represent benefits <br /> which would not otherwise be required as part of the development process. <br /> E. The project and the use that the owner proposes in connection with the <br /> property have been extensively reviewed and considered by the City, and such <br /> proposed development and use have been found to accommodate the City's <br /> recommendations and suggestions in order to protect the public's interest to enhance <br /> the desirability of such proposed development and use. The terms and conditions of <br /> <br /> <br /> Ordinance No. NS-XXX <br /> Page 1 of 3 <br /> <br /> <br /> 11 A-5 <br />