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NS-2895
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Last modified
5/18/2016 1:58:40 PM
Creation date
4/20/2016 10:17:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2895
Date
4/5/2016
Destruction Year
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(ii) Completion of abandonment and associated utility relocations for <br />Baker Street, Berkeley Street and Occidental Street, keeping an <br />opening between Berkeley Street and Occidental Street as a public <br />alley; <br />(iii) Completion of drainage improvements and storm drains; <br />(iv) Modification of a four -way stop at the intersection of St, Andrew <br />Place and Balser Street; and <br />(v) Updated left -turn signal timing at the Edinger Avenue and <br />Monarch Way intersection for entry into the Mater Dei campus. <br />8. Site and Development Plan. <br />It is agreed by the parties hereto that the Site and Development Plan conforms to the <br />development standards established for the Property by this Second Amendment. It is <br />understood, however, that said Site and Development Plan is conceptual only, and that nothing <br />herein shall be construed to require that the development of the Property be in accordance with <br />the Site and Development Plan, provided the development of the Property is otherwise consistent <br />with the development standards established by this Second Amendment. It is recognized that <br />there may be changes in the Site and Development Plan and any such changes in the Site and <br />Development Plan that are in substantial conformance with the development standards <br />established for the Property by this Second Amendment shall be approved by City. Further, <br />nothing herein shall be construed: (i) to relieve Developer from obtaining development project <br />plan approval pursuant to Sections 41 -668 et seq, of the Santa Ana Municipal Code, whether the <br />proposed development of the Property is in accordance with the Site and Development Plan or <br />not, or (ii) to prohibit City from imposing reasonable conditions on such development project <br />plan approval consistent with the development standards established by this Second Amendment; <br />provided however no such review shall authorize or permit City to impose any condition or <br />withhold approval to any proposed building or plan modification, the result of which would be <br />inconsistent with any provisions of this Second Amendment. <br />Developer, through oversight and management, shall use its best efforts to assure that <br />staff and students attending the school on the Property fill on -site parking spaces first, parking <br />spaces in the City lot referenced in subsection 12(b) hereof second, other available off- street <br />parking facilities third, and on- street parking last. Developer shall also use its best efforts to <br />promote vehicle trip - reduction practices. Developer is exempt from other city requirements <br />concerning parking management and trip reduction. <br />9. Vesting of Development Rights. <br />As a material inducement to Developer to continue with diligent efforts to promote the <br />development of the Property, City desires to cause all development rights which may be required <br />to develop the Property to oompletion, consistent with this Second Amendment, to be deemed <br />vested in Developer for the benefit of the Propeiiy, as of the time specified in Section I of this <br />Second Amendment, to the greatest extent permitted by law, and to be free of all (i) discretionary <br />rights of City or any other person, entity or governmental agency, other than those required in <br />-7- <br />
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