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Commissioner Bacerra asked SAPD McCoy what are optimal dimensions for <br />windows. Mr. Blake indicated there were no foreseen problems with the dimensions. <br />Commissioner Yrarrazaval clarified that the CUP does not go into effect until all <br />conditions are applied. <br />MOTION: Adopt a resolution approving Conditional Use Permit No. 2012-28 as <br />conditioned. <br />MOTION: Bacerra SECOND: Nalle <br />VOTE: AYES: Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (6) <br />NOES: None (0) <br />ABSTAIN: None (0) <br />ABSENT: Alderete (1) <br />2. MODIFICATIONS TO DEVELOPMENT AGREEMENT NO. 2012-01 <br />Filed by Doug Cobb of Genesis Real Estate Group to modify Development <br />Agreement No. 2012-01 to allow an amendment and assignment to a new property <br />owner for The Met development project located 200 East First American Way. <br />PUBLISHED IN THE ORANGE COUNTY REPORTER: June 28,2013 <br />PUBLICLY NOTICED: June 27,2013 <br />RECOMMENDATION: <br />Recorr~melid that the City Council: <br />1. Direct the City Manager to authorize the assignment and amendment of <br />Development Agreement No. 2012-01 for The Met development project to <br />First Rock Santa Ana, LLC, development entity for Genesis Real Estate <br />G~OLIP, subject to the finalization of the sale of the subject property to First <br />Rock, with such non-substantive changes as may be approved by the City <br />Manager and City Attorney. <br />2. Approve and adopt an addendum to the Mitigated Negative Declaration and <br />Mitigation Monitoring Program, Environmental Review No. 201 1-46. <br />Principal Planner Sergio Klotz presented the staff report and recommendation. <br />Chairman Alderete questioned the request to remove the two-year prohibition on <br />sale or transferability of the property. <br />The public hearing was opened. <br />David Pasternak, attorney for the court-appointed receiver, explained that the two- <br />year prohibition on sale or transfer of the property needed to be removed in order to <br />effectuate the assignment of the agreement. <br />Gordon Ip, representing Genesis Real Estate Group, provided background on his <br />development company and stated his intention to construct the project as approved, <br />and that he intended to return with a subsequent application to develop the vacant <br />portion of the site at a later time. <br />David Wald, court-appointed receiver, responded to further questions .from Chairman <br />Alderete requesting clarification on amendments to the development agreement <br />necessary to effectuate the assignment to First Rock, LLC pending sale of the <br />property- <br />The public hearing was closed. <br />Chairman Alderete re-opened the public hearing. <br />Planning Commission Minutes 3 July 8, 201 3