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NS-2193 - Adopting Specific Development Plan No. 59 for Said Property, and Approving a Development Agreement Between the City of Santa Ana ...
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NS-2193 - Adopting Specific Development Plan No. 59 for Said Property, and Approving a Development Agreement Between the City of Santa Ana ...
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1/3/2012 1:02:49 PM
Creation date
6/26/2003 10:08:08 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2193
Date
5/3/1993
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this Development Agreement and its purposes are consistent with the <br />objectives, policies, general land uses and programs specified in <br />the city's General Plan, the Plan, and Existing Development <br />Regulations. In connection with its approval of the Development, <br />a Final Environmental Impact Report ("EIR") was prepared and <br />certified by the City Council on April 19 , <br />1993. Vesting Tentative Map No. 14408 (authorized pursuant to <br />Government Code Section 66498.1 et seq.), designed for multiple <br />phased final maps (authorized pursuant to Government Code Section <br />66456.1) was approved by the City on April 19 , <br /> <br />1993 (the "Map"). The Plan, the Map, and all other discretionary <br />land use approvals granted by the City prior to the Effective Date <br />(as hereinafter defined) of this Development Agreement are <br />collectively referred to herein as the "Approvals." <br /> <br /> D. Development of the Property, which is a largely <br />vacant area almost totally lacking in required infrastructure <br />improvements, requires the construction of substantial public <br />improvements in various phases, many of which improvements will <br />benefit both the Development and surrounding areas. Certain <br />development risks and uncertainties associated with the long term <br />nature of the Development, including the cost of the portion of <br />these public improvements, could discourage and deter Developer <br />from making the long term commitments necessary to fully develop <br />the Property; therefore, the parties desire to enter into this <br />Development Agreement in order to reduce or eliminate uncertainties <br />to such development over which the City has control. <br /> <br /> E. This Development Agreement will assist in achieving <br />the city's goal of ensuring development of a vital and visually <br />exciting project of the highest quality architecture. As permitted <br />by law, the City and the Developer desire to use this Development <br />Agreement to establish high quality design and development <br />standards for the entire build-out period of the Development, <br />including all phases thereof, the permitted uses for the Develop- <br />ment, and to identify the scope of public infrastructure improve- <br />ments to be required for and as a result of, the Development. <br /> <br /> F. The City recognizes that Developer may sustain <br />substantial losses if the city were to default in its obligations <br />herein undertaken, including the substantial investment made by <br />Developer to plan the Development. <br /> <br /> G. The city, by electing to enter into contractual <br />agreements such as this one, acknowledges that the obligations of <br />city shall survive beyond the term or terms of the present city <br />Council members, that such action will serve to bind the City and <br />future City Councils to the obligations thereby undertaken, and <br />this Development Agreement might limit the future exercise of <br />certain governmental and proprietary powers of the City. By <br />approving this Development Agreement, the city Council has elected <br /> <br /> <br />
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