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HomeMy WebLinkAboutORD-17-05 Approve Development Agreement-Expansion UsesORDINANCE NO. 17-05 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ORANGE AND ORANGE CITY MILLS LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, FOR MODIFICATION OF PREVIOUSLY APPROVED EXPANSION USES FOR THE BLOCK AT ORANGE ON PROPERTY GENERALLY LOCATED WEST OF THE CITY DRIVE BETWEEN CHAPMAN AVENUE AND METROPOLITAN DRIVE. 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 City Mills Limited Partnership, a Delaware limited partnership the Developer), is the owner of an approximately 74.53-acre site in the City of Orange developed as The Block at Orange, containing commercial and retail development, restaurants, a 30-screen movie theater, and a skate park (herein referred to as the Project Site). The legal description of the Project Site is attached to the draft Amended and Restated Development Agreement attached to this Resolution as Exhibit A; and I WHEREAS, by the adoption of Ordinance No. 04-04 on February 24, 2004, the City Council of the City of Orange approved that certain Development Agreement by and between the City of Orange and the Developer relating to the expansion of the Project Site with 120,000 square feet of retail uses, two new hotels, three new parking structures and 500 apartment units herein referred to as the Expansion Uses), 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 on July 6, 2004 as Instrument No. 2004000610769 herein referred to as the Development Agreement); and WHEREAS, prior to its approval of the Development Agreement, an environmental review was conducted by the City, as the lead agency, under the California Environmental Quality Act (CEQA) to evaluate the Expansion Uses and the then proposed Development Agreement. As a result of the environmental review, Final Environmental Impact Report 1721- 03 (the Final ErR) was prepared and certified by the City Council in accordance with CEQA by the adoption of Resolution No. 9810 on January 13, 2004, which action of the City Council included the adoption of a Statement of Overriding Considerations and a Mitigation Monitoring Program for the Expansion Uses; and WHEREAS, the Developer has a legal and/or equitable interest in the Project Site and has made application to the City to amend the Development Agreement for the purpose of modifying some of the Expansion Uses and their entitlements, generally described as 403 condominium units and related parking to be constructed in lieu of 500 apartment units, the reconfiguration of the number of spaces and size of the three parking structures, the reorientation of one of the hotels, and the reconfiguration of an entryway road from Metropolitan Drive (herein referred to as the Modified Expansion Uses); and WHEREAS, the Developer has advised the City that it has entered into an Agreement in Principle Regarding Equity Office Properties at The City and Mills' Properties at The Block at Orange, Orange, California (herein referred to as the Agreement in Principle), with CA-The City Limited Partnership (herein referred to as EOP) for themselves and on behalf of the Developer's and EOP's respective affiliates. The Developer has further advised the City that, by the terms of the Agreement in Principle, the Developer and EOP have agreed to cooperate with each other with respect to an overall Development Plan for the Developer's and EOP's respective properties at The City and The Block at Orange and that the Agreement in Principle is subject to certain conditions and the execution of certain "Definitive Documents", which, if satisfied and executed, will require the Developer and EOP to, among other things, revise existing private land use restrictions governing Developer and EOP's property, exchange parcels or portions of parcels, and develop certain mutually approved facilities for the benefit of the Developer and EOP; and WHEREAS, Section 65868 of the California Government Code and Section 17.44.160 of the Orange Municipal Code permit the amendment of a Development Agreement by mutual consent of the parties to the agreement. The procedure for proposing and approving an amendment to a Development 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, the Developer has submitted an application for the modification of Conditional Use Permit No. 2461-03 and Major Site Plan Review No. 300-03 and an amendment to the Development Agreement for the purpose of entitling the Modified Expansion Uses; and WHEREAS, Section 15164 of the State CEQA Guidelines provides a way for the City to update, amplify and make changes or additions to a previously adopted environmental impact report in situations where a subsequent environmental impact report or negative declaration is not required. According to Section 15164, the City must prepare an addendum to the Final EIR "if some changes or additions are necessary but none of the conditions described in Section 15162 [of the State CEQA Guidelines] calling for the preparation of a subsequent environmental impact report] or negative declaration have occurred"; and Ord. No. 17-05 .2 TJR I WHEREAS, in compliance with CEQA and the State CEQA Guidelines, the City has prepared an Addendum to the Final EIR for the proposed approval of the modifications of Conditional Use Permit No. 2461-03 and Major Site Plan Review No. 300-03 and the Amended and Restated Development Agreement because it appears 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"; and WHEREAS, in accordance with State and local law, on November 21, 2005 and December 5, 2005, the Planning Commission conducted a duly noticed public hearing on the proposed modifications of Conditional Use Permit No. 2461-03 and Major Site Plan Review No. 300-03. In addition and in accordance with State and local law, the Planning Commission conducted a duly noticed public hearing on the proposed Amended and Restated Development Agreement in substantially the form attached to this Ordinance as Exhibit A, reviewed and considered the information contained in the Addendum to the Final EIR, information presented by City staff and public testimony regarding the proposed modifications of Conditional Use Permit No. 2461-03 and Major Site Plan Review No. 300-03, the proposed Amended and Restated Development Agreement, and the Addendum to the FEIR, and, by a vote of not less than a majority of its total membership, recommended City Council approval of (i) the Addendum to the FEIR, (ii) the proposed modifications of Conditional Use Permit No. 2461-03 and Major Site Plan Review No. 300-03, and (iii) the Amended and Restated Development Agreement; and WHEREAS, in accordance with State and local law, on December 13, 2005, the City Council (i) conducted a duly noticed public hearing on the proposed modification of Conditional Use Permit No. 2461-03 and Major Site Plan Review No. 300-03 and the proposed Amended and Restated Development Agreement, (ii) reviewed and considered the proposed modifications of Conditional Use Permit No. 2461-03 and Major Site Plan Review No. 300-03, the Amended and Restated Development Agreement, the Addendum to the FEIR, information presented by City staff and public testimony regarding same; and I WHEREAS, this City Council finds and determines that "none of the conditions described in Sections 15162 and 15163 [of the State CEQA Guidelines] calling for the preparation of a subsequent Environmental Impact Report or negative declaration have occurred" and that, based upon substantial evidence contained in the Addendum to the Final EIR, the Addendum to the Final EIR is all that is necessary in connection with the proposed modification of Conditional Use Permit No. 2461-03 and Major Site Plan Review No. 300-03 and the proposed Amended and Restated Development Agreement and the approval thereof. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: Ord. No. 17-05 '3 TJR SECTION I: The City Council considered the Addendum to the FEIR and hereby approves that Addendum by the adoption of this Ordinance and reaffirms that the Mitigation Monitoring Program that was adopted by this City Council at the time it certified the Final EIR will continue to mitigate all significant environmental impacts to the extent feasible provided that the Developer complies therewith. SECTION II: The City Council finds that a public hearing has been held before this City Council pursuant to the procedures described in Section 65868 of the California Government Code and 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 Amended and Restated Development Agreement between the City of Orange and the Developer. SECTION III: The City Council hereby finds that the Amended and Restated Development Agreement 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 Modified Expansion Uses 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, 'tlld 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 IV: The City Council approves and incorporates by reference the Amended and Restated Development Agreement, attached hereto as Exhibit A. The Mayor is authorized to execute and the City Clerk to attest the Amended and Restated Development Agreement in substantially Ord. No. 17-05 '4 TJR I the form attached hereto as Exhibit A with such non-substantive changes therein as the City Attorney may deem necessary and appropriate within ten (10) days following recordation in the Official Records of the County of Orange, State of California (herein referred to as the "Official Records") of that certain Resolution No. 10039 of the City Council relating to Lot Line Adjustment LL 2005-03 and receipt by the City Attorney of evidence that all deeds necessary to implement said Lot Line Adjustment have been recorded in the Official Records but in no event earlier than the date this Ordinance takes effect. SECTION V: 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 thereof in the Official Records. SECTION VI: 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 24th day of January, 2006. ATTEST: I L?/ Mary E.City Clerk, City Ord. No. 17-05 '5 TJR 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 13th day of December, 2005, and thereafter at the regular meeting of said City Council duly held on the 24th day of January, 2006, was duly passed and adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Ambriz, Murphy COUNCILMEMBERS: Cavecche, Dumitru COUNCILMEMBERS: None COUNCILMEMBERS: None LitE- MaryE c~ Ord. No. 17-05 .6 TJR