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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153.22 revenues are allocated to the Transportation Improvement Authority pursuant to that certain "Cooperation Agreement, City of Santa Ana Community Facilities District No. 92-1 (Main Street Councourse .Public Improvements)," dated September 8, 1992, between the City and the Transportation System Improvement Authority, such alloca- tion shall constitute the advance payment of transportation system improvement development fees by the Developer for purposes of this Agreement in accordance with the said Cooperation Agreement. (2) USO of Transportation Impoot Foes. It is understood that the costs of implementation of the cumulative mitigation measures which have been identified in the EIR for the Development are to be paid by Transportation System Improvement fees which are paid by Developer and by developers of other development projects which are within the area which is the responsibility and jurisdiction of the Transportation System Improvement Authority, a joint powers agency of the City of Santa Aaa and the City of Orange. In the event the regional public improvements contemplated as cumulative mitigation measures in the EIR are not completed, the City agrees that it will not withhold or delay the processing or granting of any-apPlications, permits or approvals, including without limitation building permits or certificates of occupancy, so long as the Developer has otherwise satisfied its obligations under this Development Agreement as they relate to the particular portion of the Development for which the application, permits or approvals are being sought. (d) Residential density limitation. In order to assure that the residential units included in the Development do not become so densely populated as to impose an unreasonable burden on the public infrastructure in the area of the Development, Developer agrees to assure that the Covenants, Conditions, and Restrictions pertaining to occupancy of such dwel- ling units contain a standard limiting the number of persons who are allowed to occupy each such dwelling unit at any given time. Such standard shall not be less restrictive than the following: for the first two (2) occupants of any dwelling unit, there shall be at least one hundred fifty (150) square feet of net floor space; there shall be at least one hundred (100) square feet of net floor space for every additional occupant thereafter; 'with fractional quotients to be raised to the next highest integer. As used herein, '"net floor space" means the total number of square feet of floor space in a dwelling unit based upon that dwelling unit's interior dimensions, excluding stairwells, halls, closets, bathrooms, kitchens and garages. lZ. Munioipal Financing. It is anticipated that the cost of some or all of the public infrastructure improvements which are to be constructed in 19