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Amendments to DA No. 2004-01 June 14, 2010 Page 2 Project Backs~round In August 2004, the City Council approved several entitlements for the One Broadway Plaza office tower, including an environmental impact report, a zone change, a general plan amendment, a zoning ordinance amendment, a parcel map and a development agreement. In October 2004, a referendum petition was certified and a referendum election on the project held on April 5, 2005. The referendum election, which approved the project, specifically addressed Ordinance No. NS- 2649, which authorized the rezoning of the property, amendments to the Midtown Specific Plan (SP-3), and the adoption of Specific Development No. 75 (SD-75), which established zoning standards for the project. As the development agreement was approved by a separate ordinance (NS-2656), the Planning Commission and City Council may modify the agreement without the need for a public vote. The project is being designed with energy efficiency and sustainability in mind. As the attached letter and LEED Checklist indicate, the project's commercial interiors will be designed to the requirements for a LEED Silver certification. LEED (Leadership in Energy and Environmental Design) is a third-party certification program and the nationally accepted benchmark for the design, construction and operation of high-pertormance green buildings. The LEED program was developed by the U.S. Green Building Council (Exhibit 6). Over the past few years, a significant shift in the local and national economy has occurred. This shift has severely impacted the development community, including Santa Ana. In fact, of the 13 large projects that have been submitted to the City for review in the past five years (Brookhollow Office project, City Place, Cordoba courtyard housing, First and Cabrillo condominiums, Montage condominiums, Nexus Skyline Towers, Nexus Phase II, One Broadway Plaza office tower, Promenade Pointe condominiums, Sixth and Parkcenter condominiums, Town and Country Manor, Village Green and the West End Lofts), only the City Place and Skyline Towers project have been constructed. The City has taken a proactive approach to assist in the overall recovery of the regional economy. For instance, at the request of the Building Industry Association (BIA), the City Council enacted an economic stimulus ordinance in September 2008 that temporarily deferred collection of impact fees until the issuance of certificates of occupancy and/or compliance for projects. This proposal to amend provisions of the development agreement is another approach to stimulate the economy. The applicant estimates that this project will generate 2,900 jobs in the local economy. Development Aoreement Background Development Agreement 2004-01 was not proposed by the developer or city staff, which is a more typical way that such agreements are created. In contrast, this development agreement arose during City Council discussion after the Planning Commission had recommended approval of the One Broadway Plaza project. 75A-16