HomeMy WebLinkAboutORD 06-14 Amended Development Agreement CalOptimaORDINANCE NO. 06-14
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AN AMENDED
AND RESTATED DEVELOPMENT AGREEMENT
NO. 0001 -12 BY AND BETWEEN THE CITY OF
ORANGE AND ORANGE COUNTY HEALTH
AUTHORITY FOR DEVELOPMENT PROJECT
KNOWN AS THE "605 BUILDING SITE" LOCATED
ON THE SOUTHEAST CORNER OF LEWIS ST.
AND CITY PARKWAY WEST.
APPLICANT: ORANGE COUNTY HEALTH AUTHORITY (CalOptima)
WHEREAS, Section 65864 et seq. of the California Government Code authorizes
cities to enter into Development Agreements with any person having a legal or equitable
interest in real property for the development of such property; and
WHEREAS, the City Council of the City of Orange has adopted Chapter 17.44 of the
Orange Municipal Code, which establishes procedures for the processing and approval of
Development agreements; and
WHEREAS, Orange County Health Authority doing business as CalOptima (the
Developer "), a public agency, is the owner of certain real property located in the City of
Orange commonly referred to as "605 Building Site," which is more particularly described in
the Development Agreement attached to this Ordinance as Exhibit A. The 605 Building Site
is located on the southeast corner of Lewis St. and City Parkway West; and
WHEREAS, the City Council approved a Development Agreement on September 28,
2004, with a previous land owner for the development of the projects approved by the City
Council on October 9, 2001, through City Council Resolutions Nos. 9521 and 9522; and
WHEREAS, the Developer has a legal and equitable interest in the 605 Building Site
and has made application to the City to enter into such Amended and Restated Development
Agreement for the development of the projects approved by the City Council on October 9,
2001, and briefly summarized as a 10- story, 200,000 square foot office building and a five -
level parking structure; and
WHEREAS, an application was filed by the Developer to amend and restate the
existing Development Agreement; and
WHEREAS, the extension of Development Agreement No. 0001 -12 was processed
in a time and manner prescribed by State and local law; and
WHEREAS, the consideration of the Amended and Restated Development
Agreement is not considered a "project" under CEQA (Section 15378.0 of the California
Government Code) and no further environmental review is required; and
WHEREAS, the Planning Commission having conducted a duly noticed public
hearing held on September 15, 2014, including review of the staff report and receiving public
testimony on the item, has determined the proposed Amended and Restated Development
Agreement is justified and recommends approval thereof; and
WHEREAS, the City Council conducted one duly advertised public hearing on
October 14, 2014, at which time interested persons had an opportunity to testify either in
support of or opposition to the Amended and Restated Development Agreement.
NOW THEREFORE, the City Council of the City of Orange hereby ordains as follows:
SECTION I:
The City Council hereby finds that:
1. Development Agreement No. 0001 -12 is consistent with the objectives, policies,
general land uses, and programs specified in the General Plan and any applicable
specific plan or redevelopment plan.
2. Development Agreement No. 0001 -12 is compatible with the uses authorized in
the district or planning area in which the real property is located.
3. Development Agreement No. 0001 -12 is in conformity with the public necessity,
public convenience, general welfare, and good land use practices.
4. Development Agreement No. 0001 -12 will be beneficial to the health, safety, and
general welfare consistent with the policy of the City with respect to development
agreements as provided in Section 17.44.200.
5. Development Agreement No. 0001 -12 will not adversely affect the orderly
development of property in the City.
SECTION II:
The City Council hereby approves Development Agreement No. 0001 -12 for the
City Plaza Two" site in the form attached hereto as Attachment A and incorporates the
Agreement herein by this reference. Within ten (10) days after this Ordinance takes effect,
the Mayor shall execute the Amended and Restated Development Agreement on behalf of the
City Council.
SECTION III:
Within ten (10) days after the execution of the Amended and Restated Development
Agreement by all parties the City Clerk is directed to record the Amended and Restated
Development Agreement pursuant to the terms of this Agreement.
ADOPTED this 25" day of November, 2014.
Teresa E. Smith, Mayor, City of Orange
ATTEST:
Mary E urp , City Clerk, City o ge
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
1, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 14 day of October, 2014 and thereafter at the regular meeting of said
City Council duly held on the 25 day of November, 2014, was duly passed and adopted by
the following vote, to wit:
AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN (RECUSED): COUNCILMEMBERS: Bilodeau
Mary E. rph ity Clerk, City of r e