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(ROH 12/16/13) <br />ORDINANCE NO. NS -XXX <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA APPROVING A SECOND AMENDMENT <br />TO DEVELOPMENT AGREEMENT BETWEEN THE CITY <br />OF SANTA ANA AND C.J. SEGERSTROM & SONS, A <br />CALIFORNIA GENERAL PARTNERSHIP <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 Second Amendment to Development Agreement <br />pursuant 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 />November 25, 2013, recommended approval of this Second Amendment to <br />Development Agreement. <br />D. The purpose of this Second Amendment to Development Agreement is to <br />extend the term of the Development Agreement for an additional ten (10) years, for a <br />total of thirty -five (35) years from the date of execution of the original Development <br />Agreement. <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 />this Second Amendment to Development Agreement have been found to be fair, just <br />and reasonable, and the City has concluded that the pursuit of the Project will serve the <br />interests of the City. <br />F. The City Council has held a noticed public hearing on this Ordinance and <br />has considered all testimony presented thereto. <br />Ordinance No. NS -XXX <br />Page 1 of 3 <br />11 A -3 <br />