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ORDINANCE NO. NS -2656 <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br /> SANTA ANA APPROVING A DEVELOPMENT AGREEMENT <br /> BETWEEN THE CITY OF SANTA ANA AND ONE <br /> BROADWAY PLAZA, LLC, 1200 N. MAIN, LLC, AND 845 <br /> BROADWAY, LLC <br /> THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: <br /> cFCTinnt 1; The CKy Council hereby finds, determines and deGares as follows; <br /> A. The City is authorized pursuant to Government Code Sections 65864 <br /> through 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 both City <br /> and owner in the development process. <br /> B. The Clty enters into this Development Agreement pursuant to the <br /> provisions of the Government Code and applicable City policies. <br /> C. The Planning Commission has, following a duly noticed public hearing, on <br /> June 14, 2004 recommended approval of this Development Agreement. <br /> E. Entering into this Deveopment Agreement would provide the City with <br /> extraordinary and significant benefits that are of regional significance, relate to existing <br /> deficiencies in public facilities, require the owner of One Broadway Plaza to contribute a <br /> greater percentage of benefits than would otherwise be required, and represent <br /> benefits which would not otherwise be required as part of the development process. <br /> F. The City Council has held a noticed public hearing on this Ordinance, and <br /> has considered all testimony presented thereto. <br /> G. The City Councl has, on July 8, 2004, approved a Environmental Impact <br /> Report (EIR) in conjunction with this Project and adopted a mitigation monitoring plan, <br /> <br /> written findings and a statement of overriding considerations and the Council adopts this <br /> ordinance based upon said EIR, plan, findings and statement of overtiding <br /> consideretions. <br /> c .TioN Development Agreement, a true and correct copy of which is <br /> <br /> attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the <br /> Council are authorized to execute it on behalf of the City. The Clerk of the City is hereby <br /> Ordinance No. N9-4656 <br /> Page 1 <br /> 75E-30 <br /> ~'5A-44 <br /> <br />