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Home My WebLink AboutHERITAGE VILLAGE LLC (2)A-2017-105 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code §§610j(AM73$7 PM 3� ! t•( CITY CSF S1',NTA t.H RECORDING REQUESTED BY lr(..ER'K OF M rued in Official Records, Orange County AND WHEN RECORDED MAIL TO: Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE Clerk of the Council * $, R ,.4 0 o v 2 4 1 o s o$ City of Santa Ana 2017000177267 3:25 pm 05102117 20 Civic Center Plaza M-30 276 415 Al2 6 P.O. Box 1988 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 Santa Ana, California 92702 1121867.01 MC 372942-00005/321-171w,d/w,d (Space Above For Recorder's Use) AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA and HERITAGE VILLAGE OC, LLC A DELAWARE LIMITED LIABILITY COMPANY Dated: February 17, 2017 AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND HERITAGE VILLAGE OC, LLC, a Delaware limited liability company This Amendment No. I to the DEVELOPMENT AGREEMENT is entered into between THE CITY OF SANTA ANA, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California ("City") and Heritage Village OC, LLC, a Delaware limited liability company ("Owner"). The City and Owner are referred to jointly in this Development Agreement as the "Parties" and individually as a "Party." 1, RECITALS. This Amendment No. 1 to the Development Agreement is entered into with reference to the following facts: 1.1. Development Agreement, A Development Agreement by and between the City of Santa Ana and Heritage Village OC, LLC (the "Development Agreement"), was approved by the City Council on February 2, 2016 and was recorded on June 28, 2016 as Instrument No. 2016000293512 in the Official Records, Orange County. The Development Agreement establishes vested development rights for the Heritage Village Project (the 'Project") on an 18.84 acre parcel located at the northwesterly corner of East Dyer Road and Redhill Avenue in the City. 1.2. Amendment to Development Agreement, Section 4.3 of the Development Agreement provides that the Development Agreement may be amended from time to time by the mutual consent of the parties provided it is done in a manner consistent with California Government Code Section 65868. Government Code Section 65868 requires that an amendment to a development agreement be subject to a public hearing held by both the Planning Commission and the City Council pursuant to appropriate notice and that the amendment be approved by ordinance and be consistent with the general plan and any applicable specific plan. 1.3. Phasing of In Lieu Fees. Pursuant to Section 5.8 of the Development Agreement, the Project will be developed in three phases as more fully described in the Development Agreement. Pursuant to Section 5.9 of the Development Agreement the Owner is obligated to pay the City an in lieu fee of $9.35 per square foot of habitable space in order to fulfill its inclusionary housing requirement. Section 5.9 does not indicate when the in lieu fees are to be paid. Section 41.1904(c)(3) of the City Zoning Code addresses the payment of such fees and states that: "The developer shall pay any in lieu fees allowed by this section in full before issuance of the first building permit for any portion of the residential project, including any non-residential portions of a mixed use development." Both the Owner and the City have determined that it is in the best interest of both parties to allow for a phased payment of the in lieu fees pursuant to the terms of this Amendment No. I to the Development Agreement. II'Ia67M.'oC 372942-0000/3-21-1 Twrdiwrd -�- 1.4. Remainder of Development Agreement, All of the provisions of the Development Agreement, other than the amended language in Section 2 below, shall remain the same. 1,5. Interest of Owner. Owner represents that it has approved this Amendment No. 1 to the Development Agreement and is authorized to enter into this Amendment No. 1 to the Development Agreement. 1.6. Public Hearings. This Amendment No. 1 to the Development Agreement was the subject of the following public hearings: (a) Planning Commission, On November 14, 2016, the Planning Commission, after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's application for this Amendment No. 1 to the Development Agreement. (b) City Council. On December 20, 2016, and on January 17, 2017 the City Council, after providing notice as required by law, held a public hearing to consider Owner's Application for this Amendment No. 1 to the Development Agreement. (c) Environmental Anal. Before approving this Amendment No. 1 to the Development Agreement, the Planning Commission and the City Council reviewed the proposed action and concluded no further environmental review is required pursuant to California Resources Code Section 21166 and CEQA Guidelines section 15162. 1.7. City Council Findings. The City Council finds that this Amendment No, to the Development Agreement is consistent with the General Plan, as amended by General Plan Amendment No. 2015-03, applicable specific plan(s), applicable zoning regulations, and all other applicable ordinances, plans, policies and regulations of the City. 1.8. City Ordinance. On January 17, 2017, the City Council adopted Ordinance No, NS -2911 approving this Amendment No. 1 to the Development Agreement. That ordinance becomes effective thirty (30) days after the date of adoption. 2. Revised Development Agreement_ Section 5.9. Section 5.9 of the Development Agreement is hereby amended to now read as follows: "5.9 Inclusionary Housing. (a) Owner's project qualifies as a'pipeline project' under the Amended Housing Opportunity Ordinance (Article XVIII.I of Chapter 41 of the Santa Ana Municipal Code) and shall pay the City an in lieu fee of $9.35 per square foot of habitable space in order to fulfill the inclusionary housing requirement. Owner may express a preference for how these funds may be used, but the final decision regarding use of the inclusionary housing funds lies solely with the Executive Director of the Community Development Agency. 1 ] 21 M7.0 I,'0C 3 72942-00005r3 -31-1 Twrd, wrd -3- (b) Owner's payment of the in lieu fees shall be paid in phases consistent with the phases of development set forth in Section 5,8. The Owner shall pay the applicable in lieu fee for each phase of the project, based on the habitable space within that phase of the project, prior to the issuance of the first building permit for that phase of the project." IN WITNESS WHEREOF, this Amendment No. 1 to the Development Agreement has been executed by the City of Santa Ana and by the Owner. Dated this 16"' day of March 2017 ATTEST: Var'ialfuizar, Cler V f the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney Lisa Storck, Assistant City Attorney RECOMMEND APPROVAL: �7 f-fassan Haghan , Exe ive Director Planning & Building Agency CITY OF SANTA ANA A, -,/4r 4"V I' Gerardo Mouet, A ting City Manager HERIT ILL. a Delawr li ited By: Name: Title: 1121667, 1)1,'0(' 3n9412-00005,3- 21-T7%vr&wrd -4- a mpany C-vc ( ,V07� Kms, ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California County of Orange T} On April 18, 2017 before me, Rosa A. Flores, Notary Public (insert name and title of the officer) personally appeared Gerardo Mouet who proved to me on the basis of satisfactory evidence to be the persoR(z) whose name(g) is /are subscribed to the within instrument and acknowledged to me that hefshetthey executed the same in hisfherftheir authorized capacity(.i.es), and that by hisfherl-their signature(a)r on the instrument the person(z), or the entity upon behalf of which the persorl(,-,)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. FEE)RES WITNESS my hand and official seal. rit)5A A. cammiss,on 2057129 Z , `+' Notary Public - California z Orange County -MY Comm. Expires Feb 7, 2019 Signature i i _'IiR - (Sea&) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On March 22, 2017 before me, Ruth Flamenco, Notary Public (insert name and title of the officer) personally appeared Marc L Chasman who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. RUTH FLAMENCO WITNESS my hand and official sea[. Commission # 2139740 Ir Z Notary Public - California a Orange County Signature .U--� VVS��1 r� (Seal)