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Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 20 4 5 1 6 proposed project will not cause serious public health problems, and the design or improvements of the proposed project will not conflict with the easements necessary for public access through or use of the property within the proposed project. Development Agreement The applicant has requested approval of a development agreement (DA). Development agreements are contracts negotiated between project proponents and public agencies such as the City of Santa Ana that govern the land uses that may be allowed in a particular project (California Government Code Section 65864 et seq.). Although a DA is subject to negotiation, allowable land uses must be consistent with the local planning policies formulated by the legislative body through its general plan, and consistent with any applicable specific plan such as the proposed SP-5 (California Government Code Section 65867.5). Approval of a DA requires adoption of an ordinance. To evaluate the proposed DA and identify priorities for the DA’s terms, the City Council formed an ad hoc committee in October 2023 comprised of three City Council members. The ad hoc committee met regularly between October 2023 and June 2024 to review the applicant’s proposed terms, identify community priorities, and ensure that the final DA addresses the ad hoc committee’s priorities. While review of a DA is a private contractual process, the extensive community engagement process, and routine staff meetings with City Council and Planning Commission members, ensured that community priorities were effectively communicated to the ad hoc committee and informed the negotiation process. The SP’s DA addresses the agreement’s term (duration), extensions, community benefits, indemnification, monitoring and reporting, inclusionary housing, hotel economic benefits, open space, infrastructure, modifications, and other relevant items (Exhibit 8). These terms have been crafted to ensure high-quality development at the project site with positive financial impacts to the City. Additional details are provided in the summary of major deal points in Table 5, Development Agreement Major Deal Points. Table 5: DA Major Deal Points Topic Ad Hoc Committee Recommendation Proposed by DA Recordation Record the DA against the property, not the leaseholder. Consistent – The DA will be recorded against the fee property subject to terms and conditions of a Joinder. Term (Duration) and Extension One 20-year term, and one 5-year extension. Consistent – The DA will have a single 20-year term. In addition, The DA will allow for a single 5-year City Council 22 – 20 9/17/2024