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(ROH 03/05/12) <br />ORDINANCE NO. NS-XXX <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 />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 Amended Development Agreement pursuant to <br />the provisions of the Government Code and applicable City policies. <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 />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 />Ordinance No. NS-XXX <br />Page 1 of 3 <br />11 A-5