Laserfiche WebLink
ORDINANCE NO. NS -XXX <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA APPROVING A DEVELOPMENT <br />AGREEMENT FOR THE PROPERTY LOCATED AT 2001 <br />EAST DYER ROAD, BETWEEN THE CITY OF SANTA ANA <br />AND HERITAGE VILLAGE OC, A DELAWARE LIMITED <br />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 Development Agreement pursuant to the <br />provisions of the Government Code and applicable City policies. <br />C. This Development Agreement came before the Planning Commission for a <br />duly noticed public hearing on October 12, 2015. At that hearing, the Planning <br />Commission recommended that the City Council approve said Development <br />Agreement. <br />D. Entering into this Development Agreement would provide the City with <br />extraordinary and significant benefits that are of regional significance, relate to existing <br />deficiencies in public facilities, require the owner of The Heritage to contribute a greater <br />percentage of benefits than would otherwise be required, and represent benefits which <br />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 />this Development Agreement have been found to be fair, just and reasonable, and the <br />City has concluded that the pursuit of the Project will serve the interests of the City. <br />F. The City Council, prior to taking action on this ordinance, held a duly <br />noticed public hearing on February 2, 2016. <br />G. Final Environmental Impact Report No. 2015 -01, including the Findings of <br />Fact, Statement of Overriding Considerations, and Mitigation Monitoring Program, have <br />Ordinance No. NS -XXX <br />Page 1 of 4 <br />11A -15 <br />