HomeMy WebLinkAboutORD-13-08 Del Rio Land LLC Development AgreementORDINANCE NO. 13-
08 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE APPROVING THE
FIRST AMENDMENT TO DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF ORANGE
AND NORTH ORANGE DEL RIO LAND,
LLC,RELATING TO THE DEVELOPMENT OF
THE PROPERTY GENERALLY LOCATED WEST
OF GLASSELL STREET, NORTH OF
LINCOLN AVENUE AND SOUTH AND EAST OF THE
SANTA ANA RIVER
CHANNEL.APPLICANT: NORTH ORANGE DEL RIO LAND,
LLC 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, North Orange Land Del Rio, LLC (Del Rio, LLC), has a legal
and equitable interest in the real property more particularly described in the
Development Agreement which was recorded on July 27, 2004, in the official records of the County
of Orange, State of California as document number 2004000677141 (the
Development Agreement) which Development Agreement was approved by the adoption of Ordinance
No.15-04 by the City
Council; and WHEREAS, due to the nature of the proposed First Amendment to
the Development Agreement (First Amendment), the City Council finds and determines that "none
of the conditions described in Section 15162 [of the State CEQA Guidelines] calling
for the preparation of a subsequent EIR or negative declaration have occurred" in
connection with the proposed First
Amendment; and WHEREAS, in accordance with State and local law, on September 3,
2008, the Planning Commission conducted a duly noticed public hearing on the First
Amendment and by a vote of not less than a majority of its total membership, recommended
City Council approval of the First
Amendment; and WHEREAS, in accordance with State and local law, on October 14, 2008,
the City Council conducted a duly noticed public hearing on the
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
SECTION I:
The City Council finds that a public hearing has been held before this City Council
pursuant to the procedures described in Chapter 17.44 of the Orange Municipal Code. At the
hearing, the City Council has considered testimony presented by the public and the Planning
Commission's recommendation to approve the First Amendment.
SECTION II:
The City Council hereby finds that the First Amendment:
A. Is consistent with the objectives, policies, general land uses, and programs
specified in the General Plan; and
B. Is compatible with the uses authorized in, and the regulations prescribed for,
the zoning district in which the real property is and will be located, and is consistent with the
Del Rio Development Plan and City's Zoning Code; and
C. Is in conformity with and will promote public necessity, public convenience,
general welfare, and good land use practices; and
D. Will be beneficial to the health, safety, and general welfare; and
E. Will not adversely affect the orderly development of property or the
preservation of property values; and
F. Will promote and encourage the development of the proposed project.
SECTION III:
The City Council approves the First Amendment attached hereto as Exhibit A.
Within ten (10) days after this Ordinance takes effect, the Mayor shall execute the First
Amendment.
SECTION IV:
Within ten (10) days after the execution of the First Amendment by all parties, the
City Clerk is directed to record the First Amendment.
SECTION V:
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
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the City Council meeting at which this Ordinance is 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 28th day of October, 2008.
ATTEST:
Orange
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 14th day of October, 2008, and thereafter at the regular meeting of said
City Council duly held on the 28th day of October, 2008, was duly passed and adopted by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: Dumitru, Bilodeau
Mary .
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