FULL PACKET_2016-02-16 - Laserfiche WebLink

Home Browse Search

2.1 "Applicable Rules" means all rules, regulations, ordinances and official plans and policies of the City in force as of the Effective Date, as included within the Santa Ana Municipal Code ( "SAMC "), Specific Development Plan No. 88 as adopted by Amendment Application No. 2014 -04, this Development Agreement and the Entitlements, as defined below. 2.2 "Effective Date" means March 17, 2016, the date upon which the ordinance approving the Development Agreement becomes effective. 2.3 "Entitlements" means this Development Agreement No. 2015 -03, Final Environmental Impact Report No. 2015 -01, General Plan Amendment No. 2015 -03, Vesting Tentative Tract Map No. 2015 -03, Amendment Application No. 2014 -04, and any changes to these to which Owner has consented in writing. 2.4 "Owner" means Heritage Village OC, LLC, a Delaware limited liability company. 2.5 "Project" is the development on the Property of a 1,221 -unit multiple family residential apartment development, 12,675 square feet of retail commercial space, and 5,415 square feet of restaurant space, as generally set forth in the Entitlements. 2.6 "Property" means the real property described in Exhibit A and referred to in Exhibit B. 17 "Public Art" is defined in Section 5.1.7. 2.8 "Public Art Fee" is defined in Section 5.1.7. 2.9 "Public Art Plan" is set forth in Exhibit C to this Development Agreement. 2.10 "Reserved Powers" means the rights and authority excepted from this Development Agreement's restrictions on the City's police powers and which are instead reserved to the City. The Reserved Powers include the power to enact and implement rules, regulations, ordinances and policies after the Effective Date that are not in conflict with the Applicable Rules or that may be in conflict with the Applicable Rules, but: (a) prevent or remedy conditions which the City has found to be injurious or detrimental to the public health and /or safety; (b) are Uniform Codes; (c) are required to comply with mandates under state and federal laws, rules and regulations (whether enacted previous or subsequent to the Effective Date) or to comply with a court order or judgment of a state or federal court; or (d) relate to increases in development impact fees occurring after the Effective Date. 2.11 "Uniform Codes" means those building, electrical, mechanical, fire and other similar regulations which are based on recommendations of a multi- 11 A -23