HomeMy WebLinkAbout11D - 2ND READ ORD - 2001 DEVELOPMENT ON DYER• 4 " •
JANUARY 17, 2017
TITLE:
SECOND READING ORDINANCE: FIRST
AMENDMENT TO DEVELOPMENT
AGREEMENT NO. 2015 -03 FOR THE
HERITAGE VILLAGE MIXED -USE
DEVELOPMENT AT 2001 EAST DYER
ROAD
{STRATEGIC PLAN NO. 5, 1)
CITY MANAGER
Place ordinance on second reading and adopt.
DISCUSSION
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1$' Reading
❑ Ordinance on 20" Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
On December 20, 2016, the following ordinance was introduced for first reading and City Council
authorized publication of title by a vote of 6 -1 (Martinez dissented):
ORDINANCE NO. NS -2911 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND HERITAGE VILLAGE LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative
to expand access to information and create opportunities for stakeholders to play an active role in
discussing public policy and setting priorities).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Maria D. Huizar,
Clerk of the Council
EXHIBIT: 1. Ordinance No. NS -2911
11D-1
11 D -2
LS 11114/16
ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
SANTA ANA AND HERITAGE VILLAGE LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City is authorized pursuant to Government Code Sections 65864
through 65869.5 to enter into development agreements with persons having legal or
equitable interests in real property for the purpose of establishing certainty for both City
and owner in the development process.
B. The City enters into this Amendment to the Development Agreement
pursuant to the provisions of the Government Code and applicable City policies.
C. This Amendment to the Development Agreement came before the
Planning Commission for a duly noticed public hearing on November 14, 2016. The
Planning Commission, on a vote of 5:1, with one abstention, made a motion to
recommend denial of the Amendment to the Development Agreement.
D. Entering into this First Amendment to the Development Agreement would
provide the City with significant benefits that are of regional significance, relate to
existing deficiencies in public facilities, and require the owner of the Heritage Village to
contribute toward public benefits.
E. The City Council has held a noticed public hearing on this Ordinance and
has considered all testimony presented thereto.
F. The previously adopted and certified Final Environmental Impact Report
EIR for the property, EIR No. 2015 -01, including the Mitigation Monitoring Program,
Findings of Fact and Statement of Overriding Considerations, have been previously
approved and certified by this Council.
G. The proposed project will not adversely affect the General Plan, as is
expressly set forth in the Request for Council Action dated December 20, 2016,
Exhibit Ordinance No. NS -XXX
Page 1 of 3
11 D -3
together with all supporting documents, including but not limited to, proposed
resolutions, which are incorporated herein by this reference.
Section 2. The First Amendment to the Development Agreement, a true and
correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the.City
Manager and Clerk of the Council are authorized to execute it on behalf of the City with
such non - substantive changes as may be authorized by the City Manager and City
Attorney. The Clerk of the Council is hereby authorized and directed to cause this
Amendment to Development Agreement to be recorded with the County Recorder's Office.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this day of 2017.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: C& r.*
Lisa Storck
Assistant City Attorney
Miguel A. Pulido
Mayor
11 D -4
Ordinance No. NS -XXX
Page 2 of 3
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
1, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
11D-5
Ordinance No. NS XXX
Page 3 of 3
11 D -6