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LS 11/14/16 <br />ORDINANCE NO. NS -2911 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA APPROVING AN AMENDMENT TO THE <br />DEVELOPMENT AGREEMENT BETWEEN THE CITY OF <br />SANTA ANA AND HERITAGE VILLAGE LLC, A <br />CALIFORNIA LIMITED 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 through <br />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 <br />both City and owner in the development process. <br />B. The City enters into this Amendment to the Development Agreement pursuant <br />to the provisions of the Government Code and applicable City policies. <br />C. This Amendment to the Development Agreement came before the Planning <br />Commission for a duly noticed public hearing on November 14, 2016. The <br />Planning Commission, on a vote of 5:1, with one abstention, made a motion <br />to recommend denial of the Amendment to the Development Agreement. <br />D. Entering into this First Amendment to the Development Agreement would <br />provide the City with significant benefits that are of regional significance, <br />relate to existing deficiencies in public facilities, and require the owner of the <br />Heritage Village to contribute toward public benefits. <br />E. The City Council has held a noticed public hearing on this Ordinance and has <br />considered all testimony presented thereto. <br />F. The previously adopted and certified Final Environmental Impact Report EIR <br />for the property, EIR No. 2015-01, including the Mitigation Monitoring <br />Program, Findings of Fact and Statement of Overriding Considerations, have <br />been previously approved and certified by this Council. <br />G. The proposed project will not adversely affect the General Plan, as is <br />expressly set forth in the Request for Council Action dated December 20, <br />2016, together with all supporting documents, including but not limited to, <br />proposed resolutions, which are incorporated herein by this reference. <br />Ordinance No. NS -2911 <br />Page 1 of 7 <br />