ORD 05-09 Development Agreement CHOCORDINANCE NO. 05-
09 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE APPROVING
DEVELOPMENT AGREEMENT NO. 5390, BY AND BETWEEN
THE CITY OF ORANGE AND CHOCO REAL
TY CORPORATION, FOR THE DEVELOPMENT
OF THE CHILDREN'S HOSPITAL OF
ORANGE COUNTY ("CHOC") MASTER PLAN
PROJECT APPLICANT: CHILDREN'S HOSPITAL OF ORANGE
COUNTY 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 Chapter17.44 of
the Orange Municipal Code which establishes procedures for the processing and approval
of development agreements;
and WHEREAS, the applicant has submitted a project in accordance with
requirements of the OMC, known as the Children's Hospital of Orange County (CHOC) Master
Plan project which consists of Zone Change No. 1252-08, Major Site Plan Review
No. 0504-07,Conditional Use Permit No. 2726-08, Design Review
Committee No. 4209-07, Tentative Map No. 0024-08 (TPM 2008-162), and Development
Agreement No. 5390, all of which are collectively
referred to herein as the Project; and WHEREAS, an application was
filed by CHOC for Development Agreement No.5390, attached hereto as Attachment B, and incorporated
by this reference, for the Project in accordance with provisions of
the OMC to protect the entitlements; and WHEREAS, Development Agreement No. 5390
was processed in a the time and manner
prescribed by State and local law; and WHEREAS, pursuant to the
authority and criteria contained in the California Environmental Quality Act (
CEQA), the Community Development Director analyzed the Project and determined that the Project
would have potentially
significant adverse effects on the environment; and WHEREAS,
Environmental Review No. 1805-08 (Draft Environmental Impact Report (DEIR), State
Clearinghouse No. (SCH#) 2008081118) was prepared and circulated for public review for a period of at least
45 days, from
Resolution PC No. 06-09 on March 2,2009, recommending certification of Final EIR (
SCH#2008081118) and adoption of the Findings of Fact, a Statement of Overriding
Consideration and Mitigation Monitoring Reporting Program for the Project;
and WHEREAS, the Land Use Element of the City's Integrated General Plan
designates the properties that are the subject of requested Zone Change No. 1805-08 as
Public Facilities,but the current zoning (Attachment A) on the property of C3 (Commercial) and
OP (Office Professional) are inconsistent with; however, with the proposed change in
zone (Attachment B) to the PI (Public Institution) Zoning District would rectify this
inconsistency; and WHEREAS, the Planning Commission held a duly advertised public
hearing on March 2, 2009 for the purpose of considering Final EIR (SCH# 2008081118) and
the Project,specifically Zone Change No.
1252-08; and WHEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to be heard, the
Planning Commission considered all factors relating to the Final EIR (SCH#2008081118), the Project
and specifically Zone Change No. 1252-08 and adopted Resolution PC NO. 07-
09 recommending to the City Council approval of the
requested change in zone; and WHEREAS, Final Environmental Impact Report (
EIR) (SCH#2008081118) for the Project was completed and has been determined by the
City Council as adequate for consideration of Zone Change No. 1805-08 through
the adoption of Resolutions 10358 and 10359 on March 24, 2009, certifying Final EIR (
SCH# 2008081118) and adoption of the Findings of Fact, a Statement
of Overriding Consideration and Mitigation Monitoring
Reporting Program for the Project; and WHEREAS, the City Council held a duly
advertised public hearing on March 24,2009 for the purpose of considering Final
EIR (SCH# 2008081118) and the Project,
specifically Zone Change No. 1252-08; and WHEREAS, the City Council had first
reading of Ordinance No. 04-09 to propose Zone Change No. 1252-08 and
held a second reading on April 14, 2009; and WHEREAS, at said
public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring
to be heard, the City Council considered all factors relating to the Final EIR (
SCH# 2008081118), the Project and specifically Zone Change No.1252-08, upon
the three properties
shown on
Attachment A incorporated herein and described as follows:PARCEL F:PARCEL
2, AS SHOWN ON EXHIBIT B ATTACHED TO
LOT LINE ADJUSTMENT LL 88-16 RECORDED
APRIL 20, 1989 AS INSTRUMENT
NO. 89-206142 OF OFFICIAL RECORDS OF ORANGE COUNTY,
CALIFORNIA,
Commission's recommendation to approve the Development Agreement between the City of
Orange and Children's Hospital of Orange County (Development Agreement).
SECTION II:
The City Council hereby finds that:
1. Development Agreement No. 5390 is consistent with the objectives, policies,
general land uses, and programs specified in the General Plan and any applicable
specific plan or redevelopment plan; and
2. Development Agreement No. 5390 is compatible with the uses authorized in the
district or planning area in which the real property is located; and
3. Development Agreement No. 5390 is in conformity with the public necessity,
public convenience, general welfare, and good land use practices; and
4. Development Agreement No. 5390 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; and
5. Development Agreement No. 5390 will not adversely affect the orderly
development of property or the preservation of property values in the City; and
6. Development Agreement No. 5390 will promote and encourage the development
of the proposed project by providing a greater degree of requisite certainty.
SECTION III:
The City Council hereby approves Development Agreement No. 5390 for the CHOC
Master Plan project in the form attached hereto as Attachment B and incorporates the
Agreement herein by this reference. Within ten (10) days after this Ordinance takes effect,
the City Council shall execute the Development Agreement.
SECTION IV:
Within ten (10) days after the execution ofthe Development Agreement by all parties,
the City Clerk is directed to record the Development Agreement pursuant to the terms of this
Agreement.
SECTION V:
Should any section, subsection, clause or provision of this Ordinance, for any reason,
be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this Ordinance, it being hereby
expressly declared that this Ordinance and each section, subsection, sentence, clause and
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SECTION II:
The proposed zone change described in Section I is related to the public welfare, is
consistent with the accompanying Environmental Impact Report, Major Site Plan Review,
Conditional Use Permit, Design Review Committee, Tentative Tract Map, and Development
Agreement filed herewith, and furthers the objectives and policies of the General Plan as is
more specifically set forth in Resolutions 10358 and 10359, which are incorporated by
reference as though fully set forth herein.
SECTION III:
A summary of this Ordinance shall be published and a certified copy of the full text
of this Ordinance shall be posted in the Office of the City Clerk at least five 5 days prior to
the City Council meeting at which this Ordinance is to be adopted A summary of this
Ordinance shall also be published once within fifteen 15 days after this Ordinance s passage
in a newspaper of general circulation published and circulated in the City of Orange The City
Clerk shall post in the Office of the City Clerk a certified copy of the full text of such
adopted Ordinance along with the names of those City Council members voting for and
against the Ordinance in accordance with Government Code Section 36933 This Ordinance
shall take effect thirty 30 days from and after the date of its final passage.
ADOPTED this 14th day of April, 2009.
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, 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 24th day of March, 2009, and thereafter at the regular meeting of said
City Council duly held on the 14th day of April, 2009, was duly passed and adopted by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN (RECUSED):
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: Bilodeau
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