HomeMy WebLinkAboutORD-13-06 Approve 2nd Amendment-Development ProjectsORDINANCE NO. 13-
06 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING A SECOND
AMENDMENT TO DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF ORANGE AND CA-THE
CITY LIMITED PARTNERSHIP FOR DEVELOPMENT
PROJECTS ON THE "CITY PLAZA TWO SITE" AND
THE "605 BUILDING SITE", WHICH ARE LOCATED
NORTH OF METROPOLITAN DRIVE AND EAST
OF LEWIS STREET (605 S. LEWIS STREET AND ONE
CITY
BLVD.WEST)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 adoptedChapter 17.44
of the Orange Municipal Code, which establishes procedures for the processing and
approval of Development
Agreements; and WHEREAS, by the adoption of Ordinance No. 19-04 on September 28,
2004, the City Council of the City of Orange approved that certain Development Agreement
by and between the City of Orange and CA-The City Limited Partnership, a
Delaware limited partnership (the Developer), relating to certain real property located in the City
of Orange commonly referred to as the "City Plaza Two Site" and the "605 Building Site",
which are more particularly described in the Development Agreement, the original of which was
recorded in the Official Records of the County of Orange, State of California (the Official Records)
on January 6,2005 as Instrument No. 2005000013339 (herein referred to as
the Development Agreement); and WHEREAS, the City Plaza Two Site is located north
of Metropolitan Drive midway between Lewis Street and The City Drive. The 605 Building Site is
located at the northeast corner of the intersection of Lewis Street
and Metropolitan Drive; and WHEREAS, by the adoption of Ordinance No. 20-05 on
January 10, 2006, the City Council of the City of Orange approved that
certain First Amendment to Development Agreement by and between the City of Orange and the Developer,
the original of which was recorded in the Official Records of the County of Orange, State
of California on January 24,2006 as Instrument No. 2006000051175 (herein referred to
as the First Amendment) and collectively with the Development Agreement
as the Amended Agreement); and WHEREAS, the Developer has a legal and equitable interest
in the City Plaza Two Site and the 605 Building Site and has made application to the City
to enter into a Second Amendment to the Development Agreement to extend the time
by which certain Public Benefit Fees (as defined in the Second Amendment) are to be paid to the City,
if at all (herein referred to
WHEREAS, Section 65868 of the California Government Code and Section 17.44.160
of the Orange Municipal Code permit the amendment of the Amended Agreement by mutual
consent of the parties to the agreement. The procedure for proposing and approving an
amendment to the Amended Agreement is the same as the procedure for entering into a
Development Agreement, namely that a noticed public hearing must be held by both the
Planning Commission and the City Council and such amendment, if approved, must be
approved by ordinance; and
WHEREAS, an environmental review was conducted by the City, as the lead agency,
under the California Environmental Quality Act (CEQA) to evaluate the projects described in
the Development Agreement, together with development projects for two other separate
development sites owned by the Developer or its affiliates. As a result of the environmental
review, Final Environmental Impact Report 1612-01 (the Final EIR) was prepared and
certified by the City Council in accordance with CEQA on October 9, 2001;
and WHEREAS, further environmental review was conducted by the City at the time
the Developer applied for the Development Agreement. In compliance with CEQA and the
State CEQA Guidelines, the City prepared an Addendum to the Final EIR because it appeared
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 Developer's application for the Development Agreement;
and WHEREAS, due to the nature of the proposed Second Amendment, this 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 Second Amendment to the
Development Agreement;
and WHEREAS, in accordance with State and local law, on June 19,2006, the
Planning Commission of the City of Orange conducted a duly noticed public hearing on the
proposed Second Amendment in substantially the form attached to this Ordinance as Exhibit
A,considered information presented by City staff and public testimony regarding the
proposed Second Amendment, and, by a vote of not less than a majority of its total
membership,recommended that the City Council disapprove the Second Amendment;
and WHEREAS, in accordance with State and local law, on August 22, 2006, the
City Council conducted a duly noticed public hearing on the proposed Second
Amendment,reviewed and considered proposed Second Amendment, and information presented by
City staff and public testimony regarding the proposed Second
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 Second Amendment between the City of Orange and the
Developer.
SECTION II:
The City Council hereby finds that the Second Amendment between the City of Orange and the
Developer:
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 City Plaza Two Site and the 605 Building Site are and will be
located, and is consistent with the 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 by
providing a greater degree of requisite certainty.
SECTION III:
The City Council approves and incorporates by reference the Second Amendment attached
hereto as Exhibit A. Within ten (10) days after this Ordinance takes effect and provided that
the Developer has first executed the Second Amendment in recordable form and delivered
same to the City, the Mayor shall execute the Second Amendment in recordable form.
SECTION IV:
Within ten (10) days after the execution of the Second Amendment by all parties, the City
Clerk is authorized and directed to record the Second Amendment in the Official Records.
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 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 12th day of September, 2006.
ATTEST:
f 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 22nd day of August, 2006, and thereafter at the regular meeting of said City Council duly
held on the 12th day of September, 2006, was duly passed and adopted by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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Mary E.Orange